Parental Responsibilities Lawyers in Surrey

What Parental Responsibilities Mean in BC

When parents separate, someone still has to decide where the children go to school, whether they get braces, and whose signature goes on the passport application. In British Columbia those decisions are called parental responsibilities, and they are listed in Part 4 of the Family Law Act (section 41). If you have been searching for "legal custody" or "decision-making responsibility", this is the BC version of that idea.

Only a guardian may have parental responsibilities and parenting time with respect to a child (s. 40(1)). For most separating parents, both remain guardians after separation, so the real question is not who qualifies. It is how the responsibilities will be exercised across two households.

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. Family law is the only kind of law we practise, and we work in English and Punjabi. This page sets out the statutory list, the line between everyday and major decisions, and the ways responsibilities can be shared or divided. For the broader picture, see our parenting services overview.

The Section 41 List of Parental Responsibilities

Section 41 spells out what parental responsibilities are:

• making day-to-day decisions affecting the child, and having day-to-day care, control and supervision of the child;
• making decisions about where the child will reside;
• making decisions about with whom the child will live and associate;
• making decisions about the child's education and participation in extracurricular activities, including their nature, extent and location;
• making decisions about the child's cultural, linguistic, religious and spiritual upbringing and heritage, including, if the child is an Indigenous child, the child's Indigenous identity;
• giving, refusing or withdrawing consent to medical, dental and other health-related treatments for the child, subject to section 17 of the Infants Act;
• applying for a passport, licence, permit, benefit, privilege or other thing for the child;
• giving, refusing or withdrawing consent for the child, if consent is required;
• receiving and responding to any notice that a parent or guardian is entitled or required by law to receive;
• requesting and receiving health, education or other information about the child from third parties;
• subject to any applicable provincial legislation, starting, defending, compromising or settling proceedings relating to the child, and identifying, advancing and protecting the child's legal and financial interests;
• exercising any other responsibilities reasonably necessary to nurture the child's development.

That last item matters. The list is long, but it is not closed, and every responsibility must be exercised in the best interests of the child (s. 43(1)).

Everyday Decisions and Major Decisions

The Act draws a practical line. During parenting time, the guardian who has the child may make the day-to-day decisions and has day-to-day care, control and supervision, unless an agreement or order provides otherwise (s. 42(2)). Meals, bedtime, screen limits, a Saturday playdate: nobody has to phone the other household about pizza night.

Major decisions run on a different track. Unless an agreement or order allocates responsibilities differently, each guardian may exercise all parental responsibilities, in consultation with the child's other guardians, unless consultation would be unreasonable or inappropriate in the circumstances (s. 40(2)). In plain terms, the starting point after separation is talk first, decide together where you can.

If a guardian is temporarily unable to act, the Act also lets that guardian authorize a person, in writing, to exercise certain responsibilities on the guardian's behalf while they are unable to (s. 43(2)).

Shared or Divided - How Responsibilities Can Be Allocated

Under section 40(3), parental responsibilities may be allocated so that they are exercised by one or more guardians only, or by each guardian acting separately, or by all guardians acting together. In practice, arrangements tend to take one of a few shapes:

• all responsibilities shared, with consultation on major decisions;
• responsibilities divided by subject, for example one guardian holding education decisions and both holding health decisions;
• one guardian exercising all or nearly all responsibilities, which can matter where conflict stays high or where family violence makes joint decision-making unsafe.

The Act refuses to put a thumb on the scale. No particular arrangement is presumed to be in the best interests of the child, and courts must not presume that responsibilities should be allocated equally or that decisions should be made together (s. 40(4)). The allocation has to fit the child and the family in front of the court.

Agreements and Orders About Parental Responsibilities

Guardians can make an agreement allocating parental responsibilities, along with parenting time and terms for resolving future disputes (s. 44(1)). The agreement is binding only if it is made after separation or when the parties are about to separate (s. 44(2)), and once a written agreement is filed in court, it is enforceable as if it were a court order (s. 44(3)). A court must set aside or replace an agreement that is not in the best interests of the child (s. 44(4)).

Where agreement is not possible, a guardian can apply for an order allocating responsibilities (s. 45). And when one specific issue has everyone stuck, a guardian may apply to the court for directions on that issue (s. 49).

Most families never need that last step. A clear parenting plan that says who decides what, paired with a workable communication routine, prevents most of the fights. Our co-parenting communication guide keeps decision-making businesslike, and family mediation can rebuild a decision process that has broken down.

Frequently Asked Questions

Who Makes Decisions During the Other Parent's Parenting Time?

Day-to-day decisions belong to the guardian whose parenting time it is, unless an agreement or order says otherwise (s. 42(2)). Major decisions, such as changing schools or consenting to significant medical treatment, follow whatever allocation applies to your family, with consultation as the default.

Can One Parent Have All Parental Responsibilities in BC?

Yes. Section 40(3) allows responsibilities to be allocated to one guardian only, by agreement or court order. There is no presumption for or against it; the decision rests on the best interests of the child alone.

What Happens if Guardians Cannot Agree on a Major Decision?

Start with the consultation the Act expects, and put your position in writing. If you stay stuck, mediation can often break the deadlock faster and cheaper than court. If it cannot, a guardian may apply to the court for directions on the issue (s. 49).

Talk to a Lawyer About Parental Responsibilities

If decision-making with your co-parent has turned into a standoff, or you want an agreement that prevents one, the first 30 minutes with us are free, in English or Punjabi, by phone, video, or in person at Suite 201, 3108 Croydon Drive in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.