BC Family Law Act terms about parenting

The BC Family Law Act applies to all parents. It uses the following terms:

• guardianship
• parental responsibilities
• parenting time
• contact with a child

The Family Law Act emphasizes that it’s in the best interests of children to continue relationships with both parents if possible.

Guardianship

Guardians are generally allowed to make decisions about a child. Not all parents are guardians, and not all guardians are parents.

• If both parents have lived together with the child, both parents are generally guardians.
• If a parent has never lived with the child, but they regularly cared for the child, they’re generally a guardian.
• If a parent isn’t a guardian, they can become a guardian by making a written agreement with the other guardian or getting a court order.
• If one parent wants the other parent to stop being a guardian when they separate, they have to agree or get a court order.
• If you’re asked to give up your guardianship, talk to a lawyer. Once you give up your guardianship, it can be a long process to get it back.
• Non-parents, such as grandparents, aunts, and uncles, can’t become guardians through a written agreement. They must apply in court.

Other guardianship issues for Indigenous parents and guardians

If anyone applies for guardianship of a Nisga’a child or a child of another treaty First Nation, they must give notice to the Nisga’a Lisims government or the child’s Nation. The Nation can then take part in the court proceedings.

If you’re a child’s guardian and you live on reserve, your child can live in the band home with you even if you and your child aren’t band members.

If you aren’t sure about something relating to guardianship, talk to a lawyer.

See Help from a lawyer.

Parenting arrangements

Parental responsibilities and parenting time together are known as parenting arrangements. They must be in the best interests of the children.

Parental responsibilities

Parental responsibilities are the day-to-day decisions and important decisions guardians make about a child, such as their health care, daily care, home life, and schooling. Only guardians can have parental responsibilities and parenting time with a child.

Guardians can agree to divide or share parental responsibilities in whatever way works best for the child. If they can’t agree, a court can make an order.

Parenting time

Parenting time is the time each guardian spends with the child.

• During parenting time, the guardian the child is with makes day-to-day decisions and supervises the child.
• Guardians can share parenting time equally, or one guardian can have the child most of the time. They can arrange parenting time in any way that’s in the best interests of the child.

If the child is Indigenous and resides on reserve, it’s a good idea to include some pick up and drop off locations that are outside the reserve in your agreement or order. This way you won’t have to go back to court later to change the arrangements if you, another guardian, or a person with contact isn’t allowed to come onto reserve lands.

Contact with a child

Contact is the time that a non-guardian spends with the child (including a parent who isn’t a guardian).

• Grandparents, aunts and uncles, step-parents, and other people who might be important to your child can apply to court to have contact with a child. A parent or step-parent who isn’t a spouse can also apply for a contact order. 
• People with contact don’t have a right to make decisions about a child.