Introduction
Separation or divorce is hard enough—when children are involved, the stakes feel even higher. In British Columbia, decisions about parenting time and responsibilities are made with the child’s well-being at the forefront. If you’re going through a separation, understanding the laws around child custody and parenting arrangements can help reduce stress and make the process smoother.
At Dreyer and Associates Family Lawyers, we’ve worked with families throughout the Fraser Valley and Lower Mainland, helping them reach parenting agreements that support the best interests of their children. Whether you’re pursuing a court order or looking for a collaborative solution, here’s what you need to know.
Key Terms in BC Family Law
The legal landscape around child custody has changed in British Columbia. Terms like “custody” and “access” are no longer used in legislation. Instead, the Family Law Act and the Divorce Act refer to:
- Parenting Time: When each parent spends time with the child
- Parental Responsibilities: The right to make decisions about the child’s life, such as education, health care, and religion
- Guardianship: Most parents are guardians by default; guardianship includes both parenting time and responsibilities
These updates shift the focus away from “ownership” of the child and toward creating healthy, child-centered arrangements.
What the Courts Consider
The guiding principle in all decisions is the best interests of the child. Courts consider:
- The child’s health and emotional well-being
- The child’s views (depending on their age and maturity)
- Stability in living arrangements
- History of care
- The ability of each parent to meet the child’s needs
- Any history of family violence
Each case is unique, and the courts aim to maintain strong, loving relationships between the child and both parents, whenever possible.
Types of Parenting Arrangements
Parents can create parenting arrangements through mutual agreement, or if necessary, by court order. These arrangements include:
Equal or Shared Parenting Time
This structure means both parents spend close to equal time with the child. It can work well when both parties live nearby and are able to cooperate in co-parenting.
Primary Residence with One Parent
In this scenario, the child lives primarily with one parent and spends scheduled time with the other. This arrangement is common when distance, work schedules, or other factors make equal time difficult.
Parallel Parenting
When communication between parents is strained or high-conflict, a parallel parenting model may be best. Each parent makes decisions independently during their parenting time, reducing the need for ongoing interaction.
Making a Parenting Plan
A parenting plan is a written agreement that outlines how parenting time and responsibilities are shared. A strong plan addresses:
- Weekly schedules
- Holidays and vacations
- Transportation between homes
- How decisions will be made
- How to handle disputes
The more detailed the plan, the fewer issues you’ll encounter later. At Dreyer and Associates, we help parents draft clear, realistic parenting plans that serve the whole family.
Dispute Resolution Options
Disagreements about parenting arrangements are common, but there are several ways to resolve them:
Mediation
A neutral third party helps both parents communicate and work toward a mutually acceptable agreement. This approach is often quicker and less expensive than going to court.
Collaborative Family Law
In this process, each parent retains a lawyer trained in collaborative law. Everyone agrees to resolve disputes outside of court. It’s a structured but cooperative way to address parenting and other family issues.
Court Proceedings
When an agreement can’t be reached, the matter may go before a judge. Court can provide a clear, enforceable order, but it’s typically more stressful and costly than alternative options.
Modifying Parenting Arrangements
As children grow and circumstances change, parenting arrangements may need to be updated. Common reasons to request a change include:
- A move to a new city or province
- Changes in a parent’s work schedule
- A child’s needs or preferences evolving
- Concerns about safety or well-being
You can revise your agreement through a new mutual agreement, mediation, or by applying to the court for a change to an existing order.
Parenting Coordination
If you already have a parenting agreement but continue to struggle with day-to-day decisions or communication, a parenting coordinator might help. This trained professional can mediate minor disputes and ensure the agreement is followed, offering ongoing support without the need for repeated court visits.
The Role of a Family Lawyer
Navigating child custody and parenting arrangements can be overwhelming. A family lawyer brings experience, objectivity, and a clear understanding of BC law. At Dreyer and Associates, we help you:
- Understand your rights and obligations
- Negotiate fair parenting plans
- Draft legally sound agreements
- Represent your interests in court if needed
Whether your situation is amicable or high-conflict, we tailor our approach to fit your family’s specific needs.
Deciding on parenting arrangements is one of the most important steps you’ll take during a separation or divorce. Having the right support can make all the difference. Dreyer and Associates Family Lawyers is here to help you create a stable, child-focused plan that works today—and tomorrow. Contact us today to speak with an experienced family lawyer.
