Guardianship & Parenting Time

Divorce or separation can affect parenting arrangements for years to come. We help families in Vancouver and Langley create arrangements that support their child’s best interests.

Family Law Services
Guardianship & Parenting Time

Serving Vancouver and Langley

Parenting issues can be some of the most difficult parts of separation. Our team helps parents in Vancouver and Langley address parenting time, decision-making responsibilities, guardianship, and related concerns with a focus on their child’s well-being.

Guardianship & Parenting Time

Guardianship and Parenting Responsibilities

In most cases, a child’s parents are their guardians. However, other people appointed by the court may also become a guardian of a child. Guardianship is the bundle of rights and duties involved in caring for and raising a child.

Guardians exercise parenting responsibilities, which include deciding where a child will go to school, what activities they will be involved in, what medical treatment they can receive, and what religion they will be raised under, if any. Guardians also have parenting time with a child, as opposed to someone who is a non-guardian. A non-guardian may have specified time with a child under an agreement or court order.

Best Interests of the Child

Parenting responsibilities must be determined in the best interests of the child. Guardians are often required to cooperate in reaching a consensus and making decisions on the child’s behalf. If a consensus cannot be reached, either party may apply to the court for an order. In some cases, where there is an order or agreement in place, one guardian may be given tie-breaking authority in the event of a disagreement.

When Parenting Responsibilities Change

In more serious situations, some or all parenting responsibilities may be reallocated to one parent. A reallocation of all parenting responsibilities to one guardian is often used as an alternative to terminating guardianship where one party is unwilling or unable to exercise their parenting responsibilities, or to do so appropriately.

Family Law Act and Divorce Act

Anyone may seek an order for guardianship and parenting time under the Family Law Act. If a former couple was married, they may also obtain an order or come to an agreement for custody and access under the Divorce Act.

Shared Custody and Split Custody

Shared custody is a parenting schedule in which both parents have 40% or more of the time with their children. Split custody is where each parent has one or more of the children in their primary care, or some combination of both.

Frequently asked questions about Guardianship & Parenting Time
Guardianship & Parenting Time

Frequently Asked Questions

A child’s views may be considered, but there is no set age when a child gets to decide. The court looks at the child’s best interests, and the child’s views are only one part of that analysis.

Not usually. If a parenting arrangement is already in place and working, one parent generally should not change it without the other parent’s agreement or a court order.

Not usually without a court application. One exception is naming a testamentary guardian in a will or similar document that takes effect if you pass away. 

Get in Touch

Parenting arrangements can be one of the most emotional parts of any family law matter. At England & Lam Family Law, we help parents in Vancouver and Langley work through parenting issues with clear advice, practical solutions, and a focus on their children’s well-being. Whether you are creating a parenting plan, dealing with a dispute over decision-making responsibilities, or trying to protect your time with your child, our team is here to help.

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