When you are going through an emotional divorce and trying to work out what’s best for your children, it can be a challenge to think clearly and make the important decisions that will affect the rest of your lives.
It helps to be able to consult with a divorce lawyer who is familiar with the family law system here in British Columbia.
The team at Jennings Family Law can help you formulate a parenting plan that is agreeable to both parents and, most importantly, in the best interests of your child(ren).
How do I make sure my parenting plan complies with BC law?
To ensure that your parenting plan complies with BC law, follow these steps:
Understand BC’s Parenting Laws
Familiarize yourself with the Family Law Act of British Columbia, which governs parenting arrangements and responsibilities. Review the specific sections related to parenting plans and the best interests of the child.
Prioritize the Child’s Best Interests
Ensure that your parenting plan reflects the child’s best interests. BC courts prioritize factors such as the child’s physical and emotional well-being, their safety, stability, and the importance of maintaining meaningful relationships with both parents.
Include Relevant Parenting Provisions
Consider including the following provisions in your parenting plan to ensure compliance with BC law:
Custody and guardianship arrangements: Specify how decision-making responsibilities will be shared between parents.
Parenting time and access schedule: Outline a detailed schedule for when the child will spend time with each parent, including regular parenting time, holidays, vacations, and special occasions.
Communication and information sharing: Address how parents will communicate about the child’s well-being, education, healthcare, and other important matters.
Dispute resolution mechanisms: Include provisions for resolving disputes, such as mediation or alternative dispute resolution methods, before seeking court intervention.
Relocation provisions: If applicable, outline how potential relocations will be addressed and any necessary notice requirements.
Seek Legal Guidance
Consult with a family lawyer in British Columbia who can provide legal advice tailored to your specific situation. They will ensure that your parenting plan complies with BC law, reflects your child’s best interests, and meets the legal requirements for enforceability.
Consider Mediation or Collaboration
If possible, engage in mediation or collaborative processes to develop your parenting plan. These methods can help you and the other parent work together in a cooperative and child-centered manner, increasing the likelihood of compliance and reducing conflicts.
Document the Plan Properly
Ensure that your parenting plan is documented in writing and signed by both parents. While it does not necessarily need to be filed with the court, having a written agreement provides clarity and can serve as evidence in case of future disputes.
Remember that each parenting situation is unique, and it is crucial to consult with a qualified family lawyer to address your specific circumstances and ensure compliance with BC’s parenting laws.
Understanding the best interests of the child entails viewing custody situations from the perspective of the children. Regardless of parental involvement during marriage, the children will benefit most from the love and care of both parents. In navigating separation, adjustments to custody arrangements may be necessary to safeguard the child’s welfare.
As per the BC Family Law Act, agreements or orders concerning guardianship, parenting arrangements, or contact must prioritize the child’s best interests above all else.
In British Columbia, determining the best interests of the child is fundamental in custody matters. The BC Family Law Act outlines various factors to consider:
The child’s health and emotional well-being.
The child’s views, unless inappropriate.
The nature and strength of relationships with significant individuals.
The child’s care history.
The need for stability based on age and development.
Each guardian or parent’s ability to fulfill responsibilities.
The impact of family violence on safety and well-being.
Whether a person’s behavior indicates impairment in caring for the child.
The appropriateness of requiring cooperation among guardians.
Relevance of civil or criminal proceedings to safety and well-being.
Ultimately, any agreement or order must prioritize the child’s physical, psychological, and emotional safety and well-being.
How to determine if sole custody is right for my child
When considering whether sole custody is right for your child in British Columbia, it is important to carefully evaluate various factors and circumstances. Here are some key considerations:
Child’s Best Interests: Focus on what is in the best interests of your child, which is the primary consideration in custody determinations in BC. Evaluate how sole custody would support their safety, well-being, and overall development.
Parental Capacity: Assess the ability of each parent to provide a stable, nurturing, and supportive environment for the child. Consider factors such as parenting skills, involvement in the child’s life, and willingness to meet their physical, emotional, and educational needs.
Relationship with the Other Parent: Evaluate the nature and quality of the child’s relationship with the other parent. Consider factors such as the level of involvement, bonding, and the ability of the other parent to foster a positive and healthy relationship.
Communication and Co-parenting: Reflect on the ability of you and the other parent to communicate effectively and collaborate on important decisions concerning the child. Assess your willingness to work together in the child’s best interests, even if sole custody is granted.
Stability and Continuity: Consider the importance of maintaining stability and continuity in the child’s life. Reflect on how sole custody may impact their routines, relationships with extended family members, schooling, and community connections.
Please note that these considerations should be evaluated in conjunction with the advice and guidance of a qualified family law lawyer at Jennings Family Law, who can provide personalized advice based on the specific details of your case and the laws and regulations in British Columbia.
What should a BC custody agreement include?
There are a few basic areas that any Alberta parenting plan should cover. Most important of these are:
An overview of custody arrangements
An access schedule demonstrating how parents will divide time with the child
Provisions for holidays, vacations, weekends, etc.
A summary of how your parental responsibilities toward your child will be divided
A proposed resolution process for any disputes
Any other details that demonstrate how the best interests of your child will be met
In British Columbia (BC), marital status does not directly affect guardianship rights and responsibilities. The province’s Family Law Act emphasizes the best interests of the child as the primary consideration in determining guardianship, regardless of the parents’ marital status. Here are some important details to understand about how marital status intersects with guardianship in BC:
Equal Treatment: The law in BC ensures that both married and unmarried parents have equal rights and responsibilities when it comes to their child. Marital status is not a determining factor in establishing guardianship.
Guardianship Determination: The court assesses guardianship based on the child’s best interests, considering factors such as the parent-child relationship, ability to meet the child’s needs, and willingness to promote the child’s well-being. The court does not differentiate between married and unmarried parents in this regard.
Presumption of Joint Guardianship: There is a presumption of joint guardianship when the child’s parents are married or in a marriage-like relationship at the time of the child’s birth or conception. This means that both parents are presumed to be the child’s guardians and have equal rights and responsibilities, unless it can be shown that joint guardianship is not in the child’s best interests.
Unmarried Parents: For unmarried parents, there is no automatic presumption of joint guardianship. However, both parents still have the opportunity to establish their guardianship rights by agreement or court order. Unmarried fathers, in particular, can assert their guardianship rights through various means, such as signing a Voluntary Declaration of Paternity or obtaining a court order.
Guardianship Agreements: Parents, regardless of marital status, can enter into a guardianship agreement to define and clarify their rights and responsibilities as guardians. This agreement can address various aspects of guardianship, such as decision-making, residence, and parenting time, and it provides a framework for co-parenting and resolving disputes.
Relationship with Parenting Arrangements: While marital status does not directly affect guardianship, it may have implications for parenting arrangements, including the child’s residence and parenting time. These arrangements are determined based on the child’s best interests, taking into account factors such as the child’s age, their relationship with each parent, and their need for stability and continuity.
When you are going through an emotional divorce and trying to work out what’s best for your children, it can be a challenge to think clearly and make the important decisions that will affect the rest of your lives.
