BC Child Custody, Guardianship, and Parenting Time Lawyers in Vancouver
The legal proceedings following a divorce or separation can affect decisions related to child custody and access for years to come. We can help implement arrangements that support the best interests of your child.
Guardianship, Parenting Time, and Child Custody BC
In most cases, a child's parents are their guardians, however other people appointed by the court may also become the guardian of a child. Guardianship is the bundle of rights and duties involved in caring for and raising a child.
Guardians exercise parenting responsibilities, which include deciding where a child will go to school, what activities they will be involved in, what medical treatment he or she can receive, and what religion he or she will be raised under, if any. Guardians have parenting time with a child, as opposed to someone who is a non-guardian. A non-guardian may have specified time with a child according to an agreement or contract.
Parenting responsibilities must be designated in the best interests of the child. Guardians are often required to cooperate to reach a consensus and make decisions on the child's behalf. If a consensus cannot be reached, either party may apply to the court for an order. In some cases where there is an order or agreement, one guardian may be given "tie-breaking ability" in the event of a disagreement.
In more extreme situations, some or all parenting responsibilities are reallocated to one parent. A reallocation of all parenting responsibilities to one guardian is often used as an alternative to termination of guardianship where one party is not willing or capable of exercising their parenting responsibilities, or exercising them appropriately.
Anyone may seek an order for guardianship and parenting time under the Family Law Act. If a former couple was married, they may also obtain an order or come to an agreement for custody and access under the Divorce Act.
Shared custody is a schedule of parenting time where both parents have 40% or more of time with their children. Split custody is where each parent has one or more of the children in their primary care, or a combination of both.