Family law · Vancouver
Parenting arrangements in Vancouver
Where your children live, how time is shared and who makes the big decisions. I help parents reach arrangements that work, and I go to court when that is what it takes.
Children first
A plan your children can rely on
Separation changes a family's shape, but children still need the routines and the people they had before. Good parenting arrangements are specific enough to prevent arguments and flexible enough to survive real life.
Most parents settle these questions by agreement. I draft parenting agreements and consent orders, and I act in court where a child's safety is at risk or agreement cannot be reached.
The language
Four terms you will hear
Guardianship
Guardians are the people responsible for a child. Parents who have lived with their child are usually both guardians after separation.
Parental responsibilities
The decisions guardians make for a child, such as schooling, health care and where the child lives. They can be shared or divided.
Parenting time
The time a child spends in each guardian's care. Whoever has the child makes the day-to-day decisions during that time.
Contact
Time with a child for someone who is not a guardian, such as a grandparent.
These are the Family Law Act terms. The Divorce Act speaks of decision-making responsibility and parenting time.
The test
One question decides everything: what is best for the child?
A court may consider only the child's best interests. That includes:
- The child's health and emotional wellbeing
- The child's views, unless it would be inappropriate to consider them
- The child's relationships with the important people in their life
- Who has cared for the child, and how
- The child's need for stability at their age and stage
- The effect of any family violence on the child's safety and wellbeing
There is no presumption that time or responsibilities are shared equally.
What it can look like
Three common schedules
Each strip shows two weeks, Monday to Sunday. Navy is one home and gold is the other.
Examples only. The right schedule depends on your children's ages, their routines and how far apart you live.
Week about
A full week in each home, changing over on the same day.
Two, two, three
Shorter blocks, so younger children are never away from either parent for long.
One main home
Most of the time in one home, with alternate weekends and a midweek night in the other.
Moving away
Relocation has its own rules
of written notice is generally required before a guardian relocates with a child.
is the time the other guardian has to file an objection after receiving that notice.
General information only. There are exceptions, so get advice before you plan a move or respond to one.
The process
How parenting issues get resolved
Most families never need a trial. These steps are in the order a matter usually travels, and most stop at step three.
- 1
Advice and a plan
We go through your situation, what you want for your children and what a court would be likely to do.
- 2
Negotiation or mediation
Most arrangements are settled here, directly, through lawyers or with a mediator.
- 3
Agreement or consent order
What you agree is written down and, where it helps, made into a court order so it can be enforced.
- 4
Court application
If agreement is not possible, either parent can apply to the court. Interim orders can be made where they are needed in the meantime.
- 5
Hearing or trial
A judge hears the evidence and decides what is in the child's best interests.
Children do best when the arguing stops. A clear agreement is usually the fastest way there.
Common questions
What parents ask first
At what age can my child decide where to live?
There is no set age. A child's views are taken into account and carry more weight as the child gets older and more mature, but the decision is still made on what is best for the child.
Is equal time the starting point?
No. The law does not presume that time or decision-making should be shared equally. Equal time is ordered where it suits the child, and many families agree to it.
Can I move away with my children?
Possibly. A guardian who plans to relocate generally has to give 60 days' written notice, and the other guardian can object. Get advice before you commit to a move.
What if the other parent ignores the order?
Keep a record of what happened and get advice early. The court can enforce parenting orders, including by ordering make-up time.
Get in touch
Book a free consultation
If you are working out arrangements for your children, or the ones you have are not being followed, get advice early.