Child guardianship is usually the most crucial consideration in the ending of a relationship. The new Family Law Act (2013) introduced numerous changes to the family law framework in British Columbia, and it fundamentally altered individual rights, obligations, and expectations. Areas of consideration include, but are not limited to:

Best interests of children: Under the Family Law Act, this is the only factor considered when determining parenting arrangements or orders.

Guardianship : A guardian is a person who is responsible for caring for and making decisions for a child.

Parental responsibilities: Including ordinary or significant decisions concerning a child’s education, health care, religion, and residence.

Parenting time, contact, and arrangements: The time that a guardian or non-guardian spends with a child, as well as provisions that guardians make for sharing parental responsibilities and parenting time.

Decision making: On occasion, the Court will ask for external professional assessments to help determine the best living arrangement for a child or children.

CHILD CUSTODY

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.