In British Columbia, the law has moved away from the traditional word - custody. Under the Family Law Act and the Divorce Act, the focus is now on parenting arrangements, which are divided into parenting time, where the child lives, and parenting responsibilities, who makes the big decisions.

When parents cannot agree on these arrangements, a judge makes the decision based on one solitary standard: The Best Interests of the Child.

1. The ‘Best Interests’ Factors

By law, a judge cannot consider what is fair to the parents. They must only consider what is best for the child. Under the Family Law Act, the court evaluates:

• The Child’s Needs: Their age, stage of development, and requirement for stability.

• The History of Care: Who has been the primary caregiver up until now?

• Emotional Ties: The strength of the relationship between the child and each parent, as well as siblings and grandparents.

• The Child’s Views: Depending on their age and maturity (usually 12+), the court may listen to the child's preferences through a ‘Views of the Child’ report.

• Ability to Care: Each parent's capacity to provide for the child’s physical and emotional needs.

• Family Violence: The court takes any history of violence or abuse extremely seriously, prioritizing the child's safety above all else.

2. Guardianship vs. Parenting Time

Understanding the specific terminology used in the BC court system is essential for navigating your case. In British Columbia, a Guardian is typically any parent who lived with the child, and they hold the legal right to make significant decisions regarding the child's life.

The physical schedule of when the child is in your care is referred to as Parenting Time. During these periods, you are responsible for day-to-day decisions, such as meals and bedtime routines.

This is distinct from Parental Responsibilities, which refers to the authority to make big picture decisions regarding the child’s long-term upbringing, including education, healthcare, religious involvement, and extracurricular activities. These responsibilities can be shared between guardians or allocated to one parent exclusively.

Finally, the term Contact is used to describe time spent with the child by someone who is not a guardian, such as a grandparent or other extended family members.

3. How the Decision is Reached

Most custody battles in BC do not end in a high-drama trial. The system is designed to encourage agreement through:

1. Consensual Dispute Resolution: Parents are often required to try mediation or a Judicial Case Conference (JCC) before a trial.

2. Parenting Plans: If parents agree, they draft a Parenting Plan which can be turned into a binding court order.

3. Recommendations: A judge may order a neutral professional like a psychologist to interview the family and make recommendations on what arrangement would best serve the child.

4. The Maximum Contact Principle

While there is no legal presumption that 50/50 shared parenting is best, BC courts generally believe that children benefit from having as much time with both parents as is consistent with their best interests.

Important: A judge can deny a divorce application if they believe the parenting arrangements or child support amounts are inadequate for the child's welfare.