Parenting Time and Contact Lawyers in Surrey

What Parenting Time Means in BC

Parenting time in BC is the time a child is with a guardian, as allocated under an agreement or an order. That is the definition in Part 4 of the Family Law Act (section 42). During parenting time, the guardian may make day-to-day decisions affecting the child and has day-to-day care, control and supervision, unless an agreement or order provides otherwise.

If you have been searching for "custody" or "access", you are not behind; the law changed its words. In British Columbia, a guardian has parenting time. A person who is not a guardian, a grandparent for example, may have contact. The two come with different rules, and mixing them up can send you down the wrong court process.

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 covers how parenting time is decided, how contact works for people who are not guardians, and what you can do when a schedule is not being followed. For the wider picture, start with our parenting services overview.

How Parenting Time Is Allocated in British Columbia

One rule sits above everything else. In making an agreement or order about parenting arrangements or contact, the parties and the court must consider the best interests of the child only (Family Law Act, s. 37). Not fairness between parents. Not whose turn it is. The child.

The Act is just as clear about what must not be assumed. No particular arrangement is presumed to be in the best interests of the child, and the court must not presume that parenting time should be shared equally, that parental responsibilities should be allocated equally, or that decisions should be made together or separately (s. 40(4)). Equal weeks work for some families. A school-week home base with alternating weekends works for others. The schedule has to fit the child, not a formula.

Most schedules are built in one of three ways:

• Agreement. Guardians can agree on parenting time, and a written agreement filed in court is enforceable as if it were a court order (s. 44). Our parenting plan guide shows what a workable schedule covers.
• Mediation. When direct negotiation stalls, a neutral can help you design the schedule instead of having one imposed. We offer family mediation in-house.
• Court order. A judge can allocate parenting time when agreement is not possible, or not safe (s. 45).

If you are weighing an equal-time schedule, our post on shared parenting arrangements in British Columbia walks through how those schedules run in real life.

Contact With a Child for Grandparents and Others

Contact is the Family Law Act's word for time between a child and someone who is not the child's guardian. There are two paths:

• Agreement (s. 58). A guardian and a non-guardian can make an agreement about contact, including its terms and form. It is binding only if made with all of the guardians who have responsibility for deciding with whom the child may associate, and once filed in court it is enforceable as if it were an order.
• Court order (s. 59). The court may grant contact to any person who is not a guardian, and the Act names parents and grandparents as examples. The court can also require that contact be supervised where supervision is in the best interests of the child.

Grandparents ask us about this more than anyone else. The details, including how these applications work, are in our post on contact orders for non-guardians in BC.

When Parenting Time Is Denied or Missed

A schedule only matters if it is followed. The Family Law Act gives courts a set of remedies for wrongful denial of parenting time or contact, including compensatory time, reimbursement of expenses such as travel and lost wages, and financial penalties (s. 61). A matching set applies when a person repeatedly fails to exercise their time (s. 63), because children are hurt by no-shows too.

Not every denial is wrongful. The Act protects a guardian who reasonably believed the child might suffer family violence, or who kept a sick child home with a written note from a medical practitioner or nurse practitioner, among other listed reasons (s. 62). Where safety is driving the decisions, see our family violence services.

Timing matters as well: an application about a denial must be brought within 12 months of the denial (s. 61(1)). If you are being kept from your children, or you are being accused of withholding, read our full guide to enforcing parenting time agreements in BC, then get advice early. We help clients document what is happening, pick the right application, and, wherever possible, repair the schedule without inflaming the co-parenting relationship.

Frequently Asked Questions

Is Parenting Time the Same As Custody?

It covers much of the same ground, but the words changed on purpose. BC's Family Law Act does not use "custody" or "access"; it speaks of guardians with parenting time and parental responsibilities, and contact for people who are not guardians. The federal Divorce Act now uses "parenting time" and "decision-making responsibility" as well.

Can a Grandparent Apply for Contact in BC?

Yes. Section 59 lets the court grant contact to any person who is not a guardian, and it mentions grandparents specifically. Contact can also be set up by agreement with the child's guardians. Every application is decided on the best interests of the child.

Does the Amount of Parenting Time Affect Child Support?

It can. Support has its own rules, and the way time is divided is one of the things that can change how the amount is calculated. Do not trade time with your children against money; each question deserves its own answer. Start with our guide to child support in BC.

What Should I Do When Exchanges Keep Getting Missed?

Keep a clear, dated record of every missed exchange, keep your written communication calm, and get advice before the 12-month window on any denial passes. The enforcement guide linked above walks through the court's remedies step by step.

Talk to a Parenting Time Lawyer in Surrey for Free

Whether you are building a schedule from scratch or trying to hold one together, 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.