Child Custody, Parenting Time and Guardianship Lawyers in Vancouver
When you are separating, questions about where your children will live and who will make important decisions can feel overwhelming. At Illuma Family Law, we help parents understand their rights, responsibilities and options under British Columbia family law. Although many people search for a child custody lawyer in Vancouver, BC law uses different terminology. Understanding these distinctions can help you make informed decisions about your children’s future.
BC Law Doesn’t Use the Word “Custody”
In British Columbia, the Family Law Act does not use the term “custody.” Instead, it distinguishes between guardianship, parental responsibilities, parenting time and contact. These terms describe different aspects of a child’s care and upbringing. Understanding them helps you identify what arrangements you need and what a court can consider when resolving a parenting dispute.
Guardianship refers to a person’s legal status as a guardian of a child and the responsibilities associated with that status.
Parental responsibilities concern important decisions about a child’s life, including education, health care, activities and other matters affecting their upbringing.
Parenting time is the time a guardian spends with a child while exercising their parental responsibilities.
Contact refers to time a person who is not a guardian, such as a grandparent, spends with a child.
The federal Divorce Act also replaced “custody” and “access” with “decision-making responsibility” and “parenting time” on March 1, 2021.
These distinctions matter because asking for “full custody” can mean wanting primary residence, greater decision-making authority, or both. Those are separate issues, and parenting arrangements can allocate decision-making responsibilities and parenting time differently.
How Are Parenting Arrangements Decided in BC?
Under section 37 of BC’s Family Law Act, the best interests of the child are the only consideration when making an agreement or order about guardianship, parenting arrangements or contact.
The court considers the individual circumstances of the child and family. Relevant factors include the child’s health and emotional well-being, their history of care, their need for stability, and the impact of family violence.
A parent’s frustration with the other parent or a desire for an arrangement that feels fair to the adults does not replace this legal standard.
Evidence is important. How parenting responsibilities have been shared, the child’s needs and the practical arrangements following separation may all be relevant. Understanding the best interests of the child can help you prepare for the decisions ahead.
Can I Get Full Custody of My Child in BC?
Parents often ask whether they can obtain full custody of their children. The answer depends on what they mean by custody and the specific circumstances of their family. There is no automatic guarantee that either parent will receive a particular parenting arrangement.
BC law recognizes the importance of a child’s relationships with their guardians, but parenting arrangements must be determined according to the child’s best interests. Conflict between parents, by itself, does not establish that one parent should be excluded from a child’s life.
In many cases, a workable arrangement may involve the child primarily residing with one parent, defined parenting time with the other, and clearly allocated parental responsibilities. Where there are genuine safety concerns, the court may consider restrictions or supervision based on the evidence.
Family violence, coercive control, substance use, abduction risks and child protection concerns may be relevant, depending on the circumstances. If you are concerned about coercive control or child protection and MCFD, it is important to obtain advice tailored to your situation.
At Illuma Family Law, we help you understand the legal framework, assess your options and develop a practical approach focused on your child’s well-being.
What Parenting and Guardianship Matters Do We Help With?
Illuma Family Law assists parents and families with a range of parenting and guardianship issues.
Parenting plans and agreements: Establish schedules, holiday arrangements, travel expectations, communication guidelines and decision-making responsibilities. Learn more about our parenting plans and agreements.
Parenting orders and interim applications: Explore your options when agreement is not possible, including seeking temporary arrangements while broader family law issues are resolved.
Changing an existing order or agreement: Review whether a parenting arrangement remains appropriate as your child’s needs, age, circumstances or family situation change.
Relocation: Understand the legal considerations when a parent wants to move with a child and how a proposed move may affect existing parenting arrangements.
Family violence and protection orders: Obtain advice about parenting arrangements where safety, intimidation or family violence is a concern.
Section 211 reports: Understand the purpose of a parenting assessment or report, the issues it may address and how to prepare. Read our guide to section 211 reports.
Guardianship for grandparents and other relatives: Explore potential options where a non-parent seeks a legal role in a child’s care, subject to the applicable law and circumstances.
Fees and Working With Illuma Family Law
The cost of resolving a parenting dispute depends on its complexity, the level of conflict and whether the parties can reach an agreement. Following an initial consultation, we can discuss the scope of work, retainer requirements and whether a limited-scope retainer for a specific task may be appropriate.
Where it is safe and suitable, resolving parenting issues through family mediation may be less expensive than contested court proceedings.
Illuma Family Law is a woman-owned and woman-led firm serving families in Vancouver, West Vancouver and Surrey, with appointments available at our offices. Mandarin-speaking counsel is available for clients who prefer to discuss family law matters in Mandarin.
Our approach is thoughtful, practical and centred on helping families make informed decisions during difficult transitions.
Child Custody and Parenting FAQs
Is it hard to get full custody in BC?
It depends on the parenting arrangement being sought and the evidence. BC courts decide parenting issues based on the child’s best interests, not on which parent makes the most compelling demand. A parent seeking sole decision-making authority, limited parenting time for the other parent or supervised visits should obtain advice about the evidence and circumstances relevant to that request.
What is the difference between guardianship and parenting time?
Guardianship describes a person’s legal status and associated responsibilities. Parenting time describes when a guardian spends time with the child. A parenting arrangement can address both the allocation of parental responsibilities and the schedule for parenting time. The two are related, but they are not interchangeable.
At what age can a child decide who they live with in BC?
There is no fixed age in British Columbia at which a child automatically gets to decide where they live. Under section 37 of the Family Law Act, a child’s views may be considered as part of the best-interests analysis, with their age and maturity relevant to how those views are assessed. The child’s preference is not automatically determinative.
Can a parent move a child away from the other parent in BC?
A proposed move may engage BC’s relocation laws, depending on the circumstances and existing parenting arrangements. Notice requirements and the legal process can vary according to the applicable legislation and situation. Before making plans to relocate with your child, obtain legal advice about your obligations and the potential effect on parenting arrangements.
Your child’s future matters. So does making informed decisions today.
If you are looking for a child custody lawyer in Vancouver, Illuma Family Law can help you understand BC’s parenting laws, assess your options and work toward arrangements that reflect your child’s best interests.
Vancouver’s most compassionate divorce lawyers
Abby Pang and the Illuma Family Law team take a solutions-oriented approach to serve Vancouver families who are developing a Parenting Plan and determining child support agreements. We believe that every child has a right to love and be loved. Our family law services are rooted in a collaborative approach to divorce and separation so you can focus on showing up for your family.