Child Custody & Parenting Arrangements in Surrey

The question that keeps you up at night

If you are separating, the hardest part is rarely the house or the bank accounts. It is your kids. When will you see them? Who decides where they go to school? Will you lose time with them? Those fears are real, and you are not alone in them. One thing may help: parenting decisions in Canada are not about which parent "wins". Every one is guided by a single principle: the best interests of the child.

You probably searched for a child custody lawyer in Surrey. That wording made sense for decades, but the law has moved past it. BC's Family Law Act talks about "parental responsibilities" and "parenting time". The federal Divorce Act no longer uses "custody" either; it now speaks of "decision-making responsibility" and "parenting time". The new words move the focus from labels that sound like ownership to the practical questions that shape your children's lives:

• Parenting time is the time your children spend in your care: the rhythm of school days, weekends and holidays.
• Parental responsibilities, called decision-making responsibility under the Divorce Act, cover the significant decisions: health, education, culture, language, religion and spirituality, and major extra-curricular activities.

How parenting arrangements get made

Most parents never argue their case in front of a judge. There are three main paths:

• Agreement. You and the other parent work out a parenting plan together, often with lawyers advising in the background, and put it in writing.
• Mediation. A neutral mediator helps you build a plan when you cannot get there on your own. Our firm offers mediation as well as traditional representation.
• Court order. When agreement is not possible, or not safe, a judge can make a parenting order after hearing from both sides.

SiLaw Group practises family law only. We work in English and Punjabi, and we help you choose the path that fits your family.

What "best interests of the child" means in practice

Whether parents agree at a kitchen table or a judge decides in court, the question is the same: what arrangement serves this child? The factors include:

• your child's health and emotional well-being;
• your child's views, where it is appropriate to consider them;
• the relationships your child has with each parent and with other important people;
• who has cared for the child so far, and each parent's ability to meet the child's needs;
• how well the parents can communicate and cooperate; and
• any family violence, and how it affects the child's safety and a parent's ability to care for them.

No single factor decides the outcome; the whole picture of your child's life matters.

The schedule you land on can affect child support, but support has its own rules and deserves its own attention rather than being traded against time with your kids.

If one parent wants to move

Relocation (one parent moving with the children, whether across the Lower Mainland or across the country) is its own area of family law, with rules under both the Family Law Act and the Divorce Act. In general, a parent proposing a move is expected to tell the other parent, who has a chance to respond. These disputes are fact-driven and often time-sensitive, so talk to a lawyer early, whether you are the parent hoping to move or the one afraid of being left behind.

Extra help when conflict stays high

Some separations stay tense long after the paperwork is signed. If every exchange, holiday and schedule change turns into a fight, a parenting coordinator can help. A parenting coordinator works with both parents over time to put an existing agreement or order into practice, resolving day-to-day disagreements so small conflicts stop landing back in court. The Family Law Act recognizes parenting coordinators as part of BC's family dispute resolution system. Sandy Sihota is an accredited family law mediator, arbitrator and parenting coordinator, so several forms of out-of-court help are available under one roof.

Frequently asked questions

Do we have to go to court to settle parenting arrangements?

No. Many parents reach a written agreement on their own or through mediation, and turn to court only when nothing else works or when safety is a concern. An arrangement you both helped shape is usually easier to live with than one imposed on you.

Does the law favour mothers over fathers?

No. Parenting decisions are guided by the best interests of the child, not by a parent's gender. What matters is each parent's relationship with the child and ability to care for them.

Can we change a parenting arrangement later?

Yes. Children grow, jobs change, people move. Agreements and orders can be updated when circumstances change, ideally by consent, or through mediation or court if you cannot agree. Until then, the existing arrangement still applies.

Talk to a parenting lawyer in South Surrey

You do not have to figure this out alone. SiLaw Group Family Lawyers is a boutique family law and mediation firm at 3108 Croydon Drive, Suite 201, in South Surrey. We offer a free 30-minute consultation by phone, video or in person, in English or Punjabi. This page is legal information, not legal advice about your specific situation.

Book a free consultation or call (778) 381-9977.