CHILD CUSTODY

Where do the children live after a relationship ends?

After parents separate, they need to determine who will take care of the children. This is no easy task. British Columbia legislation attempts to foster co-operative parenting by encouraging mediation and out-of-court resolution. However, family violence, addiction issues, hurt feelings, and different parenting styles can lead to difficulties in co-parenting a child after separation.


British Columbia’s Family Law Act states that only the best interests of the child should be considered in making an order about where a child should live or who should make important decisions on the child’s behalf. This means that the child’s needs are the starting point and focus of any analysis regarding where the child will live post-separation.

What do "custody" and "guardianship" mean?

Custody is a term which is being removed from the federal Divorce Act (changes scheduled for March 2021). Following these amendments, the Divorce Act and British Columbia's Family Law Act will use the terms "guardianship", "parenting time", and "parenting responsibilities".

Guardianship means the person who is legally responsible for the child. In most cases, unless there are serious issues concerning the child, the parents will be joint guardians. Guardians are responsible for making the important day-to-day decisions about the child, including where the child will live, where they will go to school, and how the child will be raised.

Parenting time means the time the parent and the child spend together. Post-separation, parents will need to create a parenting schedule which sets out when the child will live with each parent. Common shared parenting schedules include week on/week off, a rotating 2-2-5-5 schedule, or one parent having the children on weekends.

Does my child get a say in where they live?

Children are given a voice in legal proceedings. Section 211 of the Family Law Act allows for an expert to prepare a report on the views and needs of the child, as well as the ability of each parent to meet the child’s needs. The older and more mature a child is, the more they will be able to express an opinion on where they would like to live.

What is parental alienation?

Parental alienation is a term used to describe a breakdown in the relationship between a child and one of the parents because of the actions of the other parent. The child may then refuse to see the alienated parent without justification. Expert evidence in the form of a report from a registered psychologist is almost always required to prove parental alienation in court. If you suspect your child is being alienated from you, contact a lawyer as soon as possible.

How do I deal with parenting after a breakup?

Parenting arrangements can be settled by going through the legal process and obtaining a court order, negotiation between the parties, or settlement with the help of a trained family law mediator. With any of these options, an experienced family lawyer can advise you on the best course of action. Virgin Law Group's team of experienced family lawyers can advise you on negotiating and litigating parenting issues.

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