Child Custody, Guardianship, and Parenting Time

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.

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Guardianship, Parenting Time, and Child Custody BC

Frequently Asked Questions

  • Can I make someone a guardian of my child?

    Unless that person is the biological parent of the child and you are a guardian of the child yourself, then you cannot make someone else a guardian of your child without making an application to the Court. An exception to this is testamentary guardianship. You may make someone a guardian in the event that you pass away or become incapacitated, provided you’ve outlined this in an appropriate legal document (such as a will).

  • My former spouse and I have made an informal parenting schedule and have been using it for several months. Now he wants to change it and is threatening to do that unilaterally. Can he do that if we have no written agreement or order?

    No. Generally if there is a stable status quo, then neither party is permitted to change these arrangements without the consent of the other party or a court order.

  • My daughter wants to spend more time with me. Can she decide where she wants to live when she is 14?

    There is no precise age when the court will take into consideration a child's views. We are obligated by the Family Law Act to consider a child's views when determining parenting time when appropriate—this is often much earlier than 14 and depends in large part on the maturity of the child. The views of the child are not determinative in this case but are an important factor to consider. Where there are substantiated allegations of alienation, these views will also be given much less weight.

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