Co-Parenting During Emergencies in BC: 7 Rules

Author: SiLaw Group Family Lawyers
Date: Mar 23, 2020
Read time: 3 min read

Archival note (updated August 2026): This article describes the situation as of 2020, during the COVID-19 pandemic. Court operations have long since returned to normal. It is preserved for reference; for current procedures, see our recent articles or contact us.

---

Overview

The short answer is that an emergency does not rewrite your parenting arrangement: keep following the order or agreement you have, be transparent about health risks, and make up any time that is genuinely lost. When something disrupts normal life, parenting time issues tend to surface quickly, particularly for parents managing childcare in the middle of a separation. The seven rules below were written in the first weeks of the pandemic, and the principles behind them hold for any sudden disruption to a parenting schedule — a school closure, a wildfire evacuation, a serious illness in one household. The public health advice specific to 2020 no longer applies; for current health guidance, follow the BC Centre for Disease Control and your local health authority.

---

1. BE HEALTHY.

Follow the public health guidance in force at the time from the BC Centre for Disease Control and your local health authority, while modelling good behaviour for your children. In 2020 that meant thorough hand washing, sanitizing frequently-touched surfaces, and maintaining social distancing. Stay informed through reliable media sources rather than social media speculation.

2. BE MINDFUL.

Acknowledge the seriousness of the situation while maintaining calm. Explain to children that normalcy will return in time. Avoid careless comments and constant news exposure. Encourage children to ask age-appropriate questions and answer them truthfully.

3. BE COMPLIANT with court orders and parenting agreements.

Keep to the existing parenting arrangements despite unusual circumstances. A court order or written agreement stays in force through a disruption — a school closure does not suspend it, and a parent who withholds parenting time on their own initiative is the one who has to justify it afterwards.

BC law is specific about this. Section 62 of the Family Law Act sets out the limited circumstances in which denying parenting time or contact is not wrongful — among them, that the guardian reasonably believed the child might suffer family violence, that the guardian reasonably believed the applicant was impaired by drugs or alcohol, or that the child was suffering from an illness at the time and the guardian has a written statement from a medical practitioner or nurse practitioner indicating the parenting time should not be exercised. If the court is satisfied that an applicant has been wrongfully denied parenting time or contact with a child by the child's guardian, section 61 lets it order remedies including compensatory parenting time, reimbursement of expenses reasonably and necessarily incurred (travel, lost wages, child care), supervised transfers, and an order that the guardian pay "an amount not exceeding $5 000 to or for the benefit of the applicant or a child whose interests were affected by the denial," or "a fine not exceeding $5 000." An application under section 61 must be made within 12 months after the denial. Fighting about it is also expensive in its own right — see our explainer on who pays legal costs in BC family law cases.

4. BE CREATIVE.

Recognize that some changes are inevitable. Schools close, attractions shut down, and work schedules change. Encourage connection between the child and the parent they are not currently with, through shared books, movies, games, FaceTime, or Skype.

5. BE TRANSPARENT.

Inform your co-parent of any suspected or confirmed virus exposure. Agree on protective measures and immediately notify both parents if the child exhibits possible symptoms.

6. BE GENEROUS.

Provide makeup time when one parent misses scheduled time. Courts expect reasonable accommodations during extraordinary circumstances and view inflexibility negatively.

7. BE UNDERSTANDING.

Economic hardship affects many parents. Those paying support should provide what they can; those receiving should show accommodation during temporary challenges.

---

Conclusion

Adversity presents opportunities for co-parents to unite around the child's wellbeing. Children will remember how both parents handled the crisis and prioritized their safety. Where the two households cannot agree on how to adapt a schedule, a neutral third party is usually faster and cheaper than an application — see how family mediation works for Surrey families.

Talk to a Surrey Family Lawyer

If an emergency has disrupted your parenting schedule and you cannot resolve it between households, the lawyers at SiLaw Group Family Lawyers & Mediators can review your order or agreement and set out your options. Call (778) 381-9977 or book a free 30-minute consultation with a Surrey family lawyer, by phone, by video, or in person at our Surrey office.

---

Source: These guidelines were drafted by contributors from the AFCC and AAML, both US-based organizations, and are not a statement of BC law: Seven Guidelines for Parents Who Are Divorced/Separated and Sharing Custody of Children During the COVID-19 Pandemic