The BC Family Law Act defines guardians as the people responsible for:
caring for and bringing up a child, and making decisions about that child.
When parents live together, they’re both guardians of their children, even if they’re not married. This means they share responsibility for their children’s care and upbringing. If the children’s parents stop living together, both of them are still the children’s guardians.
Anyone who isn’t a child’s guardian can apply to the court to become one, including a parent who isn’t a guardian or anyone else who is a relative (such as a grandparent) or not a relative.
To apply for guardianship, you need to file:
- an application to get a family order in either Provincial or Supreme Court, and
- a special guardianship affidavit.
See the Family Law in BC website (FLWS) page How can you become a child’s guardian, and the resource How to Become a Child’s Guardian for links to the step-by-step guides on the FLWS website that you can use to help you with the application process. Lawyer JP Boyd also has helpful information about becoming a guardian in his Clicklaw Wikibook, JP Boyd on Family Law.
These resources also contain information about the Extended Family Program, which may be a better option for people who want to temporarily look after relatives’ or friends’ child because the Ministry of Children and Family Development is involved with the family.