Parenting Arrangements
Table of Contents
Parenting Arrangements After Separation
Each family is unique. There is not a one-size-fits-all all model for parenting arrangements after separation.
Parenting arrangements after separation always need to be tailored to address the needs of the children, the individual abilities of each parent, as well as their ability to parent together.
Where family violence is present, special considerations are required to address the best interests of the children and to ensure their safety as well as the safety of the victimized parent.
The ideal parenting arrangement after separation is a co-parenting arrangement where both parents cooperate relatively closely when it comes to raising their children. Both parents are actively involved in the lives of their children and work together to resolve the regular challenges associated with raising children. This of course requires both parents to maintain a civil and child-focused relationship post-separation. There must be mutual trust and respect which allows for constructive communication between the parents.
Key Definitions in Family Law
Family law in British Columbia involves a range of legal concepts and terms. Here are some key definitions commonly used in family law:
Guardianship
A child’s guardian is responsible for caring for and raising that child. In BC, only a guardian is entitled to parenting time and parental responsibilities.
Generally speaking, both parents are by default the guardians of their children. This means both parents are equally responsible for the care and upbringing of their children. This is true even after separation. According to section 39(1) of the Family Law Act, even after parents separate, each parent of the child is the child’s guardian.
However, there is an exception to the general rule that a parent is a guardian of their child. Per section 39(3) of the Family Law Act, a parent who has never lived with their child is not a guardian of that child unless:
- the parent regularly cared for the child; or
- the parent makes an agreement with all of the child’s guardians which provides that the parent is a guardian.
Parental Responsibilities
Parental responsibilities include decisions regarding the day-to-day care, control and supervision, religion and upbringing, and legal and medical issues relating to the child.
Section 41 of the Family Law Act, sets out the following list of parental responsibilities that may be shared, so that each parent may exercise the same responsibility, or be allocated only to one guardian but not the other:
- making day-to-day decisions affecting the child and having day-to-day care, control and supervision of the child;
- making decisions respecting where the child will reside;
- making decisions respecting with whom the child will live and associate;
- making decisions respecting the child’s education and participation in extracurricular activities, including the nature, extent and location;
- making decisions respecting the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including, if the child is an Indigenous child, the child’s Indigenous identity;
- subject to section 17 of the Infants Act, giving, refusing or withdrawing consent to medical, dental and other health-related treatments for the child;
- applying for a passport, licence, permit, benefit, privilege or other thing for the child;
- giving, refusing or withdrawing consent for the child, if consent is required;
- receiving and responding to any notice that a parent or guardian is entitled or required by law to receive;
- requesting and receiving from third parties health, education or other information respecting the child;
- subject to any applicable provincial legislation,
- starting, defending, compromising or settling any proceeding relating to the child, and
- identifying, advancing and protecting the child’s legal and financial interests;
- exercising any other responsibilities reasonably necessary to nurture the child’s development.
Parenting Time
Parenting time is the time each guardian spends with the children. It is sometimes referred to inaccurately as “custody”.
Parenting time can be shared between guardians by agreement or court order. There is no presumption that each parent is entitled to equal parenting time with the children. The law says that the only consideration in making an order or agreement for the care of a child is the child’s best interests. Applying the best interests considerations is highly fact-specific.
Per section 37(2) of the Family Law Act, the court or the parties must take into account all of the child’s needs and circumstances, including the following:
- the child’s health and emotional well-being;
- the child’s views, unless it would be inappropriate to consider them;
- the nature and strength of the relationships between the child and significant persons in the child’s life;
- the history of the child’s care;
- the child’s need for stability, given the child’s age and stage of development;
- the ability of each person who is a guardian or seeks guardianship of the child, or who has or seeks parental responsibilities, parenting time or contact with the child, to exercise his or her responsibilities;
- the impact of any family violence on the child’s safety, security or well-being, whether the family violence is directed toward the child or another family member;
- whether the actions of a person responsible for family violence indicate that the person may be impaired in his or her ability to care for the child and meet the child’s needs;
- the appropriateness of an arrangement that would require the child’s guardians to cooperate on issues affecting the child, including whether requiring cooperation would increase any risks to the safety, security or well-being of the child or other family members;
- any civil or criminal proceeding relevant to the child’s safety, security or well-being.
Section 37(3) of the Family Law Act says that an agreement or order is not in the best interests of a child unless it protects, to the greatest extent possible, the child’s physical, psychological, and emotional safety, security, and well-being.