What Is a Parenting Plan, and
What Happened to Custody in BC?

If you have been searching "child custody in BC," here is something worth knowing before you go any further. Custody is no longer a legal term in BC family law. It was replaced in 2013, and the new system asks a better question than the old one did. Here is what it actually looks like.

When a relationship ends and children are involved, "who gets custody" is almost always the first thing parents want to know. That makes complete sense. The word has been part of our vocabulary, well, forever.

But in British Columbia, custody does not exist in family law anymore. The Family Law Act replaced it entirely when it came into force in 2013. That shift was intentional and for very good reasons. It moves the focus away from what parents want and toward what children need.

A note on terminology

BC family law no longer uses the word "custody." Today, parenting arrangements are built from guardianship, parenting time, and parenting responsibilities (also called decision-making responsibility). You will still see "custody" used informally, including by us in places like this article's title, because it is still how most people search and talk about this. In your paperwork and in court, the terms above are what apply. 

Under the current law, what used to be called CUSTODy is now organized around three things: 

1. Guardianship, 
2. Parenting time, and 
3. Parenting Responsibilities. 

Together, those three things make up a Parenting Plan.

What is a parenting plan?

A written agreement between parents or guardians that sets out how they will each care for and raise their children after separation. It covers where the children live, how time is divided, and who makes which decisions. It can be reached by agreement, through mediation, or ordered by a court.

The three building blocks of every parenting plan

Before you can build a plan that works for your family, you need to understand what each piece actually means.

Part one: Guardianship.

Guardianship (think “Parent”) is the legal authority and responsibility to care for a child and make decisions in their life. In most cases, both parents are automatically guardians of their children. A guardian holds parenting responsibilities and has parenting time, or the right to apply for them, unless a court says otherwise. 

Part two: Parenting time.

Parenting time is the schedule, the actual days and hours each parent has the children in their care. While a child is with a parent during their parenting time, that parent makes the day-to-day decisions about the child's activities, meals, and routines.

Part three: Parenting responsibilities.

Parenting responsibilities cover the major decisions in a child's life, separate from day-to-day care. These include:

• Deciding where the children will live (except if the parent wishes to move away, they will likely have to get consent or get the court to approve)
• Choosing schools
• Consenting to medical and dental treatment
• Decisions about cultural, religious, and linguistic upbringing
• Applying for passports and official documents

Responsibilities can be shared, meaning both guardians agree before a major decision is made, or allocated, so one guardian holds responsibility for a specific area. Sharing responsibilities does not require equal parenting time. Allocating them does not mean one parent matters less.

Why "best interests of the child" is the phrase that drives everything

Every decision in a BC parenting arrangement, whether by agreement, mediation, or a judge, must be guided by the best interests of the child. This is not just a principle. It is the legal standard applied to every parenting dispute.

When courts assess best interests, they look at:

• The child's physical, psychological, and emotional safety and wellbeing
• The child's relationships with each parent and other significant people in their life
• The history of care each parent has provided
• The child's cultural, linguistic, and spiritual background
• The child's own views, weighted appropriately for their age and maturity
• Any family violence or safety concerns
• Each parent's ability to exercise their parenting responsibilities

What courts do not consider: who filed first, who earns more, or who is angrier. The focus stays on the children.

How parenting plans get made

Most parenting plans in BC are made by the parents themselves, not by a judge. You have real room to build something that fits your family, and an agreement you have both shaped tends to be one that works day-to-day.

The routes to getting there:

• Direct negotiation. If you and your co-parent can communicate reasonably, you may be able to work out the details yourselves and have a lawyer review and formalize the agreement.
• Mediation. A neutral mediator helps both parents work through disagreements. We recommend clients bring their lawyers to mediation, or at minimum have  their proposed agreement reviewed by their lawyer before signing.
• Collaborative family law. Both parties work with their own lawyers in a structured, court-free process designed to reach agreement.
• Court. When agreement between the parties is not possible, a judge can make parenting orders. This path takes many months, and sometimes years. It is always the last resort, not the first step unless safety is at issue. 

Is a parenting plan the same as a court order?

No, but it can become one. A parenting plan is an agreement between parents. When both parties want it to be enforceable, they can file it with the court, resulting in it being enforceable the same way a court order is. That gives both parents the ability to enforce it if the other stops following it.

A written agreement not filed with the court is still valid between the parties. But without a court order in place, enforcement options are more limited if one parent stops cooperating.

For most families, we recommend formalizing any parenting agreement into a consent order, or at minimum a signed separation agreement, so both parents are protected and the arrangement is clear.

Can a parenting plan be changed later?

Yes. Children grow, circumstances change, and parenting plans often need to evolve. Under BC law, a parenting arrangement can be varied when there has been a significant change in circumstances since the original order or agreement.

What counts? A child's changing needs as they get older, a parent relocating, a shift in work schedules, or a meaningful change in the child's relationship with a parent can all qualify. Changes should be documented in a new agreement or court order. Verbal adjustments are hard to enforce and tend to create conflict.

Ready to build something that works?

Whether you and your co-parent are on the same page or miles apart, the next step is getting clarity on what your options look like. Every family is different. Every parenting plan should be too. We can help.