One of the scariest parts of the divorce process is the thought that you might lose your relationship with your children. We’ll give you peace of mind about your ability to remain in your child’s life. 

Canada has come a long way in crafting family policy, and it has become harder than ever for a vindictive parent to unilaterally destroy the other parent’s relationship with their children. The best interest of the child is the only standard the courts care about when it’s time to craft parenting orders. 

Our team works hard to make sure your parenting orders are parenting orders that you can live with. We’re also here to help you protect your kids—if your spouse represents a danger to your children, we can help you.

We are family law experts who are experienced at helping you craft parenting orders that work. Here’s what you need to know about how parenting orders work here in British Columbia.

“Child Custody” and “Access” Are a Thing of the Past

As of March 1, 2021, the courts no longer award custody at all. 

Instead, they speak of decision-making responsibility and parenting time. Parents don’t have rights to their children—children have rights to expect that their parents will care for them and look out for their best interests. 

The resulting document isn’t a custody order, but parenting orders: a series of orders which outlines exactly how parents are supposed to work together to parent their kids.

That’s not to say that all parents will have equal access to their kids. If family violence has played a role in your divorce then one parent’s parenting time might be significantly reduced, and supervised parenting time may be ordered. It’s still possible for one parent to serve as the primary residential parent. 

The terminology has changed because the the mindset has changed. For many families, this mindset shift has resulted in better relations and less stress, but that doesn’t mean many of the boots-on-the-ground realities don’t follow certain predictable patterns. 

Understanding Decision-Making Responsibility

Decision-making responsibility  is the responsibility a guardian (either parent) has to make choices for their children. Common areas of decision include:

  • Education
  • Healthcare
  • Religious training
  • Cultural training
  • Linguistic training

Having a decision-making responsibility in any of these areas also determines your right to information about these areas. For example, if you have decision-making responsibility in regards to your child’s education, then you would also have a right to see the child’s grades.

It can also cover day-to-day decision such as disciplining your child while you’re together, or deciding what the child will eat or what rules they’ll follow while they’re at your house. 

Decision-making responsibility can be divided up in a number of ways. Many parents will share decision-making responsibility equally, but sometimes it’s advantageous to break up the areas of responsibility. For example, one parent might be responsible for education and religion while the other parent is responsible for healthcare. 

Understanding Parenting Time

Parenting time is the time that a child spends with each parent. This does include time that the child would not necessarily be with their parent. For example, the child’s school and extracurricular activities are part of your parenting time, even though you are not spending minute-to-minute time with the child. It’s usually the time the child is “staying” with the other parent. 

In most cases, courts favor arrangements that give parents equal or near-equal access to their children. There are reasons why 50/50 parenting time might not be appropriate however. 

Courts make the decision based solely on the best interests of the children. The distance between parent households can make a distance, as can the relationship between the child and each parent, the child’s age, the child’s preferences, and dozens of other factors. 

Be advised that they also look at the willingness of each parent to foster a relationship between the child and the other parent. Attempting to block or reduce the other parent’s time can severely backfire if you don’t have a good, evidence-based reason for why such a move would be in the best interests of the child.

If there is a history of family violence, neglect, drug use, or health problems, then courts may reduce the parenting time of the parent who poses a threat to the child. Courts may also order supervised parenting time in these cases. Supervisors are usually professional third parties who have experience facilitating a relationship between a parent and their children in a safe, supervised environment. 

It is almost impossible to completely eliminate a parent’s rights to time with their child. If you are realistic about this from the beginning, you may find it easier to negotiate parenting orders that will work for your family. 

Parenting Orders

Parenting orders outline all of the issues that could arise as you attempt to co-parent, including:

  • The decision making power of each parent.
  • The parenting time schedule.
  • Orders for providing children with contact with grandparents, aunts, uncles, and other important third parties.
  • Procedures for pick-up and drop-off.
  • Provisions for vacations and out-of-province trips.
  • Provisions for birthdays and holidays. 

As your Abbotsford divorce attorneys we can help you think about every issue that could come up as you co-parent. This ensures you get all of the important issues codified into your parenting orders, where they will be backed by the courts so long as you are responsible for your child’s health and well-being.

Get Help Today

Our time has extensive experience helping parents protect their parental rights and their relationships with their children. We will help you get as much time with your child as Canadian law allows. If you and your spouse cannot come to an agreement we’ll fight to protect your rights in court.

Worried about an abusive spouse? Help us understand your situation and we’ll help you protect your children. 

Call 1-604-504-8309 to schedule an initial consultation today.