Parenting time
Parenting time lawyer in Surrey, BC
Parenting arrangements in British Columbia are decided on one test: the best interests of the child. There is no presumption of an equal split, and no starting assumption in favour of either parent. The Family Law Act separates parenting time, meaning when the child is with you, from decision making responsibility, meaning who decides about school, health care and the significant questions.
We act for parents on both sides of these arrangements, from a first schedule after separation through to urgent applications and relocation. Where the conflict allows it, mediation usually produces a better schedule than a courtroom, because the people who know the child are the ones designing it.
The short version
Courts look at the child, not at fairness between the parents. A schedule that reflects who has actually been doing the school runs, the appointments and the bedtimes, and that the child can live with week to week, is the one most likely to be approved.
Parenting time and decision making responsibility
Parenting time is the time a child spends in your care, and during that time you make the day to day decisions. Decision making responsibility covers the larger questions: education, health care, religious upbringing, extracurricular activities and travel.
The two can be split differently. Parents often share decision making while parenting time is unequal, or one parent may hold decision making on a specific issue where joint decisions have proved unworkable. The older terms custody and access still appear in older orders and in some Divorce Act files, but the current statutory language is parenting time and decision making responsibility.
Is there a default 50/50 in BC?
No. Section 37 of the Family Law Act requires that parenting arrangements be decided only by reference to the best interests of the child. Equal time is one possible outcome, not a starting point.
The factors include the child's health and emotional wellbeing, their views where appropriate, the history of care, the child's relationship with each parent, the ability of each parent to meet the child's needs, and any family violence. Parental fairness is not on the list.
How is a schedule decided?
Most schedules are agreed rather than ordered. A workable one deals with the regular week, holidays and professional development days, winter and spring breaks, summer, birthdays, cultural and religious occasions, exchanges and transport, communication between households, and travel with the child.
The child's age matters. Very young children usually need shorter, more frequent contact. School age children handle longer blocks. Build in a review point rather than assuming today's schedule will fit a teenager.
Does the child get a say?
Yes, to the extent it is appropriate given their age and maturity. The child's views are a listed factor in the best interests test. This does not mean a child chooses where to live.
Views are usually put before the court through a Views of the Child report or a fuller section 211 report prepared by a family justice counsellor, social worker or psychologist. Children are not called to give evidence.
Can I move away with the children?
Relocation is governed by its own part of the Family Law Act. A guardian who plans to relocate with a child must give at least sixty days written notice to every other guardian, setting out the date and the proposed new location.
Another guardian can file an objection within thirty days. What the court examines depends on whether the parenting arrangement is substantially equal. Moving without notice is treated seriously and can result in an order that the child be returned.
What if the other parent will not follow the schedule
The Family Law Act provides remedies for denied parenting time, including compensatory time, an order for expenses, mandatory counselling or programs, and financial penalties in persistent cases. There is a twelve month window to apply after the denial.
Where a child is at risk or has been wrongfully withheld or removed, the application is urgent and can be brought without notice. Document what happened, keep the record factual, and get advice quickly.
“She is extremely knowledgeable, and an experienced family law lawyer. I would highly recommend her to those who are looking for an experienced family law lawyer to deal with all family law matters.”
How we can help
- 01 Parenting plans and schedules, negotiated or mediated
- 02 Consent orders and applications for parenting time and decision making responsibility
- 03 Relocation notices, objections and applications
- 04 Urgent applications where a child has been withheld or is at risk
- 05 Enforcement of parenting time that is being denied
- 06 Variation of parenting orders as children get older and circumstances change
The path a matter takes
Every file is different, but the shape is usually the same. Timings are typical, not promised.
01
First conversation
What has happened, what you want, and what the law actually allows.
Week one
02
Disclosure
Income, property and debt on the table for both sides. Nothing moves without it.
Weeks 2-8
03
Negotiation or mediation
Most matters resolve here, in writing, without a courtroom.
Months 2-6
04
Agreement or order
Terms signed, or filed with the court so they can be enforced.
On resolution
Frequently asked questions
What is the difference between parenting time and decision making responsibility?
Parenting time is when the child is in your care, including day to day decisions during that time. Decision making responsibility covers education, health care, religious upbringing and other significant matters. They can be allocated differently.
Is there a default 50/50 arrangement in BC?
No. The only test is the best interests of the child under section 37 of the Family Law Act. Equal time is a possible result, not a presumption.
How is a parenting schedule decided?
By agreement wherever possible, otherwise by the court applying the best interests factors, including the history of care, each parent's ability to meet the child's needs, and any family violence. Age matters, and younger children usually need more frequent, shorter contact.
Does the child get a say?
The child's views are considered to the extent appropriate for their age and maturity, usually through a Views of the Child report or a section 211 report. Children do not choose, and they are not asked to testify.
Can I move away with the children?
Only after giving at least sixty days written notice to every other guardian. They can object within thirty days. Relocating without notice can result in an order requiring the child's return.
What if the other parent will not follow the schedule?
The Family Law Act allows remedies including make up parenting time, payment of your expenses, required counselling and fines for repeated denial. Apply within twelve months of the denial.
What about grandparents and other relatives?
A person who is not a guardian can apply for contact with a child. It is a different and narrower claim than parenting time, and it is decided on the child's best interests.
How quickly can an urgent issue be heard?
Genuinely urgent matters, such as a child at risk or wrongfully removed, can be brought before a judge quickly and in some cases without notice to the other parent. Contact a lawyer the same day rather than waiting.
This page is general information about family law in British Columbia. It is not legal advice for your situation, and the law changes. Speak with a lawyer about the facts of your own matter.
