Shared Parenting Arrangements in BC

What Counts as Shared Parenting in BC?

The onset of a divorce can carry adverse effects on the children of your marriage if parental responsibilities are not carried out adequately. Shared parenting is one option for you and your former partner to work toward meeting your child's needs so they can prosper in a nurturing environment. This requires you and your former partner to create a parenting plan and adhere to it. Failure to comply or regularly deviate will require the court to determine the best course of action. As a result, shared parenting works best if both parents are able to communicate and act in a civil manner.

How Shared Parenting Affects Child Support

Crossing that 40% line does not end child support. It changes how support is calculated: under s. 9 the amount is determined by taking into account the table amounts for each spouse, the increased costs of shared parenting time arrangements, and the conditions, means, needs and other circumstances of each spouse and of any child for whom support is sought. The usual starting point is the set-off (the difference between the table amounts each parent would owe the other), but the Supreme Court of Canada held in Contino v. Leonelli-Contino, 2005 SCC 63 at para. 49 that the simple set-off "has no presumptive value" and "cannot be the end of the inquiry". The court must still weigh the increased costs of running two households and the circumstances of each parent and child. See our complete guide to child support in BC for how that calculation runs.

How Decision-Making Is Shared

Under this parenting arrangement, both parents are actively involved in the decision making process for the child when it comes to things such as education, health or religion while coming to an agreement to share holidays and other responsibilities; unless a parent is seen unfit to carry out their duties in the best interest of the child. In regards to day-to-day decision making such as food, the parent who the child is with has full discretion. This differs from an arrangement where one guardian holds all or most of the parental responsibilities (the decision-making authority over things like schooling, health care and religion) while the other has parenting time with the child but a limited role in those decisions.

Under BC's Family Law Act the concepts are "parental responsibilities" and "parenting time"; the older language of "custody" and "access" was replaced and no longer appears in the Act. The federal Divorce Act uses "decision-making responsibility" and "parenting time" for the same ideas, following amendments in force since March 1, 2021. Whichever statute applies, the test is the same. Under section 37 of the Family Law Act the parties and the court must consider the best interests of the child only; under section 16 of the Divorce Act the court must take into consideration only the best interests of the child. In both cases that means weighing the child's safety and well-being, the history of care, the child's views, and any family violence.

Common Shared Parenting Schedules

There are various ways to create a shared parenting schedule that works for both parents and the child; splitting time by days or weeks at a time. Frequently used patterns include:

Schedule	Pattern	Often suits
Week-about	7 days with each parent, alternating	Older children who handle longer gaps well
2-2-3	2 days, 2 days, then a 3-day weekend, alternating weekly	Younger children who need frequent contact with both parents
3-4-4-3	3 days, 4 days, then reversed the next week	Families wanting an even split with a predictable weekly rhythm

A workable parenting plan usually covers:

• the regular residential schedule and exchange times and places
• holidays, professional development days and birthdays
• how school breaks and vacation travel are divided
• how each parent shares information about school and medical care
• how decisions get made when the parents disagree
• how the schedule can be changed, and what happens if a parent moves

In an ideal scenario, both parents would live relatively close to one another to limit constant commutes and have quick support in case of emergencies.

There is no universal shared parenting plan that can be applied to your case. The purpose of shared parenting is to shelter your child from the stressful environment that often results from divorce and to provide them with a sense of security. Contact one of our qualified professionals who can cater to your specific situation to meet the needs of your child. Book a free consultation to talk it through.