Child Custody (Parenting Orders) in British Columbia
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Since March 1, 2021, the terms "custody" and "access" have been replaced with "decision-making responsibility" and "parenting time" under the updated Divorce Act.
All decisions about children must be based on the best interests of the child. Section 16(3) lists detailed factors the court considers. The most important factor is the child's physical, emotional, and psychological safety.
The 2021 amendments also defined family violence for the first time in federal law. It includes physical, sexual, psychological, emotional, and financial abuse, as well as coercive and controlling behaviour.
If a parent wants to relocate with a child, they must give 60 days' written notice to the other parent.
When does it apply?
These rules apply to:
- Divorcing or separating parents with children under 18.
- Common-law parents — covered under provincial family law statutes.
- Non-parents such as grandparents may apply for contact orders in certain situations.
What to Do If the Other Parent Is Denying You Parenting Time in Canada
- Try to agree on a parenting plan first — courts prefer parents who cooperate.
- Create a detailed plan that covers the schedule, decision-making, holidays, and communication.
- Put the child's needs first in every decision.
- Document any violence or safety concerns with dates, details, and any evidence.
- Follow the 60-day relocation notice requirement if you plan to move.
What should you NOT do?
- Don't withhold parenting time unless there is a genuine safety concern — this can backfire in court.
- Don't speak negatively about the other parent to or in front of the child.
- Don't relocate without giving proper notice — the court can order the child returned.
- Don't assume 50/50 is automatic — there is no legal presumption of equal parenting time in Canada.
- Don't ignore the child's views — courts consider what the child wants, depending on their age and maturity.
How British Columbia differs from federal law
BC's Family Law Act uses the terms "guardianship," "parenting time," and "parental responsibilities" instead of the older terms "custody" and "access." This is one of the most significant differences from other provinces.
- Guardianship gives a parent the authority to make decisions about a child. Both parents are typically guardians if they lived together when the child was born. If they never lived together, only the birth parent who lives with the child is automatically a guardian — the other parent must be appointed by agreement or court order.
- Parenting time is the time a child spends with each guardian. During parenting time, the guardian has day-to-day decision-making authority.
- Parental responsibilities (major decisions about education, health, religion, etc.) can be shared or allocated between guardians by agreement or court order.
- The best interests of the child is the only consideration when making parenting orders. Factors include the child's emotional and physical needs, the child's views (depending on age and maturity), family violence, and each guardian's ability to care for the child.
Additional Steps in British Columbia
Try to reach a parenting agreement through negotiation, mediation, or a family justice counsellor before going to court. If court is necessary, you can file in BC Provincial Court (Family Division) or BC Supreme Court. Provincial Court is generally faster and less formal. Contact a Justice Access Centre for free help with family law issues.
Relevant Law: Family Law Act, SBC 2011, c. 25, Parts 4–5 (guardianship, parenting arrangements); Divorce Act, RSC 1985, c. 3 (2nd Supp.), ss. 16–16.96 (for divorcing parents)
Common Questions
When does child custody (parenting orders) apply?
These rules apply to:Divorcing or separating parents with children under 18.Common-law parents — covered under provincial family law statutes.Non-parents such as grandparents may apply for contact orders in certain situations.
What should I do if my co-parent in Canada is refusing to let me see my children?
Try to agree on a parenting plan first — courts prefer parents who cooperate.Create a detailed plan that covers the schedule, decision-making, holidays, and communication.Put the child's needs first in every decision.Document any violence or safety concerns with dates, details, and any evidence.Follow the 60-day relocation notice requirement if you plan to move.
What mistakes should I avoid with child custody (parenting orders)?
Don't withhold parenting time unless there is a genuine safety concern — this can backfire in court.Don't speak negatively about the other parent to or in front of the child.Don't relocate without giving proper notice — the court can order the child returned.Don't assume 50/50 is automatic — there is no legal presumption of equal parenting time in Canada.Don't ignore the child's views — courts consider what the child wants, depending on their age and maturity.
Child Custody (Parenting Orders) in other states
Same topic, different jurisdiction. Pick the one that applies to you.