Child custody is one of the most important and emotional issues in a separation or divorce. In British Columbia, the law prioritizes the best interests of the child when determining parenting arrangements. This guide explains how custody—now called “parenting arrangements”—works in BC, what factors courts consider, and how to modify existing arrangements.

What Are Parenting Arrangements in BC?

In BC, the legal terms custody and access are no longer used. Instead, the Family Law Act and the Divorce Act refer to:

• Parental responsibilities (decision-making authority over a child’s health, education, and well-being)
• Parenting time (the schedule for when each parent spends time with the child)
• Guardianship (the legal responsibility for the child)

How Do BC Courts Decide Parenting Arrangements?

The primary factor in all parenting decisions is the child’s best interests, based on all of the child’s needs and circumstances, including all factors set out in Section 37 of the Family Law Act. Generally, Courts assess:

• The child’s emotional and physical well-being
• The relationship between the child and each parent
• Each parent’s ability to care for the child
• Any history of family violence or abuse
• The child’s preference (depending on their age and maturity)

Do Mothers Always Get Custody?

A common myth is that mothers automatically receive full custody. In reality, BC courts do not favour one parent over the other based on gender. Instead, they focus on creating stable and meaningful relationships with both parents whenever possible. In many cases, parents share parental responsibilities and parenting time.

What Happens If Parents Can’t Agree on Parenting Arrangements?

If parents cannot agree, they have options:

1. Mediation or Collaborative Family Law – Parents can work with a mediator or family lawyer to reach an agreement.
2. Parenting Coordinators – A neutral third party helps resolve disputes.
3. Court Applications – If no agreement is reached, a judge will decide based on the child’s best interests.

Can Parenting Arrangements Be Changed?

Yes, parenting orders or agreements can be modified if there is a significant change in circumstances, such as:

• A parent relocating
• A change in the child’s needs
• A parent’s inability to meet their responsibilities
• A change in a parent’s work schedule

However, changing an existing court order or written agreement can be complicated. Getting independent legal advice before attempting such an application is strongly recommended.

How a Family Lawyer Can Help

Navigating parenting arrangements can be complex and stressful. A family lawyer can help you:

• Negotiate a fair parenting plan
• Represent you in court if necessary
• Ensure your child’s best interests are protected

Conclusion

Understanding child custody laws in British Columbia is essential for separated or divorcing parents. Every family’s situation is unique, and legal guidance can help ensure the best possible outcome for your child.

This article provides general legal information and does not constitute legal advice. For legal assistance or more information, contact Lawfellow Legal Services today.