The terms “Child Custody” and “Child Access” are anachronisms. British Columbia Courts speak of “decision making responsibility” and parenting time.
The goal of the court is, to the extent that is possible, foster a relationship between the child and both parents in most cases. The guiding standard is always going to be “the best interests of the child.” For the most part, the courts believe, at baseline, that fostering a relationship with both parents is almost always going to be within the best interests of the children, but they do take a number of other factors into account before making their final decisions, including the specific needs of the specific child in question.
Of course, most parents find they get far more satisfactory arrangements if they can work together to create parenting orders they both can live with.
Understanding these recent shifts in family law, and the ways those shifts in the legal terminology impact your case, is a matter of making a mindset shift. It is important to develop realistic expectations for what you can and can’t achieve in these contexts.
What is decision-making responsibility?
Decision-making responsibility is the legal right of a guardian (usually a parent, blood or adoptive) to make decisions for the child. These decisions typically include the responsibility to make decisions about the child’s education, religious training, healthcare, cultural training, and language training.
Decision-making responsibility can be divided up in a number of ways. Most parents share it equally in all arenas, a situation that used to be known as joint legal custody. In some parenting plans, parents divide up the responsibilities based on any number of factors, from the area of responsibility that is most important to a particular parent to the area of responsibility that it’s most practical for that parent to handle.
When the child is physically with the parent, the parent automatically has the right to make day-to-day decisions about nutrition, bedtimes, homework, rule enforcement, and more.
What is parenting time?
Parenting time is the time that the child is spending with either parent. Note that a parent can have parenting time days but will not necessarily be physically present with their child through those days. For example, if you drop your child off with their grandparents on a parenting time day you’ve still received a parenting time day, even if you did not spend that day with your child yourself.
Unless there is a clear and present danger to the child, courts generally prefer to give parents something close to 50/50 parenting time. There are also instances where 50/50 parenting time isn’t entirely practical.
If a child resides with one parent more than 61% of the time, that parent is said to be the primary residential parent. This is not “custody” so much as a description of where the child will live most of the time. It is possible for this residence to change as the needs of the child change.
While parenting time can change the balance of child support paid, courts are generally indifferent to claims that one parent is seeking more time in the hopes of lowering support payments. In many cases, the courts care more about letting the child have time with their parents than they do about the motivations involved.
What happens if my spouse is a danger to my child?
We have certainly dealt with a number of cases where one parent has neglected the child or has abused the child, or where one parent has an alcohol or drug problem, or even a new partner who could be a danger to the child.
You might be able to expect that it would be possible to become the primary residential parent in this instance, if you can prove the danger exists. You should not expect that the other parent will lose all access to the child. The judge is likely to order supervised parenting time with a third-party supervisor who is paid to do the job of fostering family relationships while keeping the child safe.
Be advised that attempting to allege abuse you cannot prove can backfire. One factor that the court considers when drafting parenting orders is the willingness of either parent to foster a relationship with the other parent. If the court thinks that you are trying to spin the situation just to reduce the other parent’s time they may well award the other parent significantly more time, and you may find that you become the parent who is required to visit their child only under the watchful eye of a supervisor.
What goes into a parenting order?
The parenting order describes exactly how the co-parents will be expected to proceed as they work to raise their child together. It will describe decision-making responsibility and parenting time. It may also order parents to facilitate “contact” for other relatives such as grandparents, aunts, and uncles.
In most cases, it will include procedures for pick ups, drop offs, travel expenditures, what happens if one of the parents wants to move out of province, provisions for special situations like holidays and birthdays, provisions for paying the child’s special expenses, and more.
As your family law attorneys, we will work with you to ensure that absolutely nothing is left out. Once you have a parenting plan in place you will need to seek a modification of your court order to modify it, and the court can sanction you if you fail to live up to the terms of your order. We will work hard to make sure the resulting order produces a situation you can manage and live with.
Get Help Today
Our legal team has extensive experience helping parents craft livable parenting orders. If you have any concerns about co-parenting with your ex or about the likely terms of your parenting order, speak to us. We’ll be able to help you decipher how the courts are most likely to interpret your family situation, and will be able to suggest compromises that your ex might accept.
We help our clients protect their relationships with their children. Call 1-604-394-7777 to set up your initial appointment today.