Parenting Time: The Potential Role of Video Calls and Online Communication in Custody Arrangements

Parenting time is a crucial aspect of family law, ensuring that children maintain meaningful relationships with their guardians after separation or divorce. The British Columbia Family Law Act provides clear guidelines on how parenting time is allocated, modified, and enforced. In recent years, the role of virtual communication—such as video calls and online messaging—has grown significantly in custody arrangements. This article outlines the legal framework for parenting time in British Columbia and explores the increasing relevance of virtual communication in maintaining parental bonds.

What is parenting time?

Section 42 of the British Columbia Family Law Act defines parenting time as follows:

(1) Parenting time is the time that a child is with a guardian, as allocated under an agreement or order.

(2) During parenting time, a guardian may exercise, subject to an agreement or order that provides otherwise, the parental responsibility of making day-to-day decisions affecting the child and having day-to-day care, control and supervision of the child.

How are agreements respecting parenting arrangements, such as parenting time, created?

Section 44 of the British Columbia Family Law Act allows for parenting arrangements to be determined by agreement between guardians. Specifically:

(1) Two or more of a child’s guardians may make an agreement respecting one or more of the following:

(a) the allocation of parental responsibilities;

(b) parenting time

(c) the implementation of an agreement made under this section

(d) the means for resolving disputes respecting an agreement made under this section

(2) An agreement respecting parenting arrangements is binding only if the agreement is made

(a) after separation, or

(b) when the parties are about to separate, for the purpose of being effective on separation

(3) A written agreement respecting parenting arrangements that is filed in the court is enforceable under this Act as if it were an order of the court.

(4) On application by a party, the court must set aside or replace with an order made under this Division all or part of an agreement respecting parenting arrangements if satisfied that the agreement is not in the best interests of the child.

How are orders respecting parenting arrangements, such as parenting time, regulated?

Section 45 of the British Columbia Family Law Act grants the court authority such that:

(1) On application by a guardian, a court may make an order respecting one or more of

the following:

(a)the allocation of parental responsibilities;

(b)parenting time;

(c)the implementation of an order made under this Division;

(d)the means for resolving disputes respecting an order made under this Division.

(2) An order under subsection (1) must not be made if the child's guardians are the child's parents and are not separated.

(3) The court may make an order to require that the transfer of a child from one party to another, or that parenting time with a child, be supervised by another person named in the order if the court is satisfied that supervision is in the best interests of the child.

(4) Despite subsection (1), a person applying for guardianship may apply, at the same time, for an order under this section.

Can parenting orders be changed, suspended, or terminated, and how?

Yes, under Section 47 of the British Columbia Family Law Act:

On application, a court may change, suspend or terminate an order respecting parenting arrangements if satisfied that, since the making of the order, there has been a change in the needs or circumstances of the child, including because of a change in the circumstances of another person.

What if there is no existing order respecting parenting arrangements?

Section 48 of the British Columbia Family Law Act outlines the responsibilities of guardians in cases where no formal agreement or order is in place:

(1) If

(a) no agreement or order respecting parenting arrangements applies in respect of a child, and

(b) the child’s guardians have had in place informal parenting arrangements for a period of time sufficient for those parenting arrangements to have been established as a normal part of that child’s routine

A child's guardian must not change the informal parenting arrangements without consulting the other guardians who are parties to those arrangements, unless consultation would be unreasonable or inappropriate in the circumstances.

(2) Nothing in subsection (1) prevents a child's guardian from seeking

(a) an agreement respecting parenting arrangements, or

(b) an order under section 45 [orders respecting parenting arrangements].

There are special circumstances that may provide a benefit to utilizing virtual parenting time, such as implementing video calls and various forms of online communication.

Virtual communication has become a valuable tool in parenting arrangements, particularly in cases where:

-One guardian resides far away due to work, relocation, or other obligations.

-The child’s schedule makes in-person visits difficult.

-Supervised visits can be more easily facilitated through video calls.

-A guardian is temporarily unable to exercise in-person parenting time due to

unforeseen

-Circumstances such as illness, travel restrictions, or military deployment.

Benefits of virtual parenting time:

-Maintaining Connection: Video calls allow parents and children to share everyday moments, such as bedtime stories, school updates, or even meals.

-Emotional Support: A parent can provide emotional reassurance and guidance, even from a distance.

-Flexible Arrangements: Virtual contact can supplement physical visits, ensuring that a child's relationship with both parents remains strong.

-Immediate Availability: In emergency situations, virtual parenting time enables prompt communication between the child and the non-residential guardian.

While virtual communication offers numerous benefits, it is important to consider the following:

-It must be clearly outlined in parenting agreements or court orders to avoid disputes.

-The technology used is accessible and reliable for both the child and the guardian.

-It does not replace in-person parenting time but rather complements it when necessary.

-The child’s best interests are always the primary consideration in any virtual parenting arrangement.

As society embraces digital solutions, virtual parenting time is emerging as a beneficial tool for maintaining parental bonds, particularly in long-distance or complex custody situations. By integrating video calls and online communication into parenting plans, families can create more flexible and child-centered custody arrangements that support the child's emotional and developmental needs.

Navigating the family law system can be complicated and add stress to an already difficult time. If you would like to learn more, please contact our team of Vancouver family lawyers for a consultation.