British Columbia Child Custody: A Parent's Guide

In short: British Columbia's Family Law Act (SBC 2011, c. 25) governs parenting arrangements for separating or never-married parents, using guardianship, parental responsibilities, and parenting time rather than the older "custody" and "access" language. BC adopted this terminology in 2013, years ahead of the federal Divorce Act, which didn't move to similar language until its 2021 reform. Every decision is guided by the best interests of the child, and BC actively encourages resolving disputes through agreements, mediation, parenting coordination, or arbitration before going to court.

This is an educational overview written for parents, not lawyers. It isn't legal advice, and BC family law can turn on the specifics of your situation. For anything beyond general understanding, talk to a licensed British Columbia family law lawyer or use the province's Parenting Apart resources.

Guardianship, parental responsibilities, and parenting time

BC's Family Law Act came into force on March 18, 2013, replacing the older Family Relations Act, and it was notably ahead of the curve on terminology. Where many jurisdictions were still using "custody" and "access" in 2013, BC had already moved to a three-part framework:

• Guardianship: the legal status that carries responsibility for a child. Both parents are automatically guardians while they live together, and generally both remain guardians after separation unless an agreement or order provides otherwise (Family Law Act s. 39).
• Parental responsibilities: the specific decision-making powers a guardian holds, day-to-day care, where the child lives, education, health care, cultural and religious upbringing, and other significant decisions (s. 41). These can be held jointly by all guardians or divided between them by agreement or court order.
• Parenting time: the actual schedule, when the child is in each guardian's care.

Only guardians can exercise parental responsibilities and parenting time (s. 40). A person who isn't a guardian, such as a grandparent or step-parent, may instead have a contact order, time with the child without decision-making authority.

This same shift, using "parenting time" and "decision-making responsibility" instead of "custody" and "access", eventually arrived at the federal level too, when the Divorce Act was amended effective March 1, 2021. Because BC's provincial law had already used comparable terms since 2013, BC didn't face the same terminology overhaul some other provinces did when the federal reform landed; the two frameworks now largely speak the same language, even though they're separate statutes.

Divorce Act vs. Family Law Act

Which law applies depends on your situation, not where you live:

• The federal Divorce Act applies when you're married and going through a divorce. It governs parenting time and decision-making responsibility as part of the divorce proceeding, heard in the BC Supreme Court.
• BC's Family Law Act applies to separating or never-married parents who aren't pursuing a divorce, guardianship, parental responsibilities, parenting time, and contact. Family Law Act matters can generally be heard in either the Provincial Court of British Columbia or the BC Supreme Court.

Both statutes point courts toward the best interests of the child as the deciding standard, and it's common for the same set of facts to be described in near-identical terms under either one. See Justice Canada's overview of parenting arrangements under the Divorce Act for how the federal side works.

How BC courts decide

Under Family Law Act s. 37, when parties or a court are making an agreement or order about guardianship, parenting arrangements, or contact, they must consider the best interests of the child only. No other factor, including a parent's conduct toward a former spouse that doesn't affect their parenting, is relevant unless it bears on the child's best interests.

Section 37(2) sets out the factors a court weighs, including:

• 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 child's relationships with parents, guardians, and other significant people
• The history of the child's care
• The child's need for stability, given their age and stage of development
• Each guardian's ability and willingness to exercise their parental responsibilities

Where family violence is a factor, s. 38 requires the court to additionally assess its nature, frequency, and severity, its impact on the child's safety, and whether it's necessary to protect the child's or another family member's safety in any resulting arrangement.

Parenting time and schedules

There's no default schedule and, per s. 40(4), a court must not presume that parenting time should be split equally between guardians. What's typical in practice looks similar to other jurisdictions, arrangements built around the child's age, school schedule, and each parent's circumstances, including 2-2-3, week on, week off, and every-other-weekend patterns. See how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar once you've settled on a pattern.

Moving with your child (relocation)

BC's Family Law Act has a specific, structured process for relocation (ss. 65-71):

1. Notice: A guardian planning to relocate with a child generally must give at least 60 days' written notice to every other guardian and to anyone with contact rights, stating the date and new location (s. 66).
2. Objection window: Another guardian who disagrees has 30 days from receiving notice to apply to court for an order prohibiting the move (s. 68). If no one applies in time, the relocation can go ahead as described in the notice.
3. Court's analysis: If it goes to court, the burden differs depending on the existing schedule. Where parenting time has been substantially equal, the relocating guardian generally must show the move is proposed in good faith, that reasonable arrangements have been made to preserve the child's relationship with the other guardian, and that the move is in the child's best interests (s. 69).

This is a structured, statute-driven process, worth reviewing with a family law lawyer if relocation is on the table, since the notice and timing requirements are specific and missing them can affect your options. See moving to another state with shared custody for the general best-interest logic that shows up across jurisdictions, BC's process is one detailed example.

Resolving disputes outside court

The Family Law Act is built around the idea that court should often be a last resort. It defines and supports several family dispute resolution paths:

• Negotiated agreements: parents can put a full parenting arrangement in writing themselves or with lawyers, and a filed agreement is enforceable like a court order.
• Mediation: a neutral mediator helps parents work through disagreements and reach their own agreement, rather than having a decision imposed.
• Parenting coordination: a specially trained professional, often a family lawyer, counsellor, social worker, or psychologist, helps implement an existing agreement or order and can resolve day-to-day disputes about parenting time or responsibilities, in some cases with binding authority.
• Arbitration: a private, binding process where an arbitrator decides disputed issues, generally faster than court but still enforceable like a court order.

BC regulates minimum training and practice standards for family mediators, arbitrators, and parenting coordinators under the Family Law Act Regulation. See Parenting Apart for how to find a qualified professional.

Practical considerations

Whether an arrangement comes from an agreement, mediation, parenting coordination, or a court order, the day-to-day part that follows it, keeping both guardians looking at the same schedule, logging change requests instead of relying on memory, and keeping a clear record if a dispute over the arrangement ever needs to go in front of a parenting coordinator or a court, is a separate, ongoing piece worth planning for regardless of which schedule you land on.

Official British Columbia resources

• Family Law Act, SBC 2011, c. 25 (BC Laws, official)
• Province of British Columbia: Parenting Apart
• Justice Canada: Parenting Arrangements Under the Divorce Act

Related OnePage resources

• Custody schedule generator
• How to choose a custody schedule
• Legal custody vs. physical custody
• Moving to another state with shared custody

Related British Columbia pages

• British Columbia hub
• British Columbia child support guide