What do guardianship, parental responsibilities and parenting time mean in BC?
BC law does not use "custody" and "access". Under the Family Law Act, each parent who lived with the child is normally a guardian; guardians hold the parental responsibilities, which are the decisions about a child's life; and parenting time is the time the child spends with each guardian. Every arrangement is decided on the child's best interests alone, and no arrangement is presumed.
Guardianship
While parents live together, and after they separate, each parent is the child's guardian. A parent who never lived with the child is not a guardian unless the other guardians agree, the parent regularly cares for the child, or a court orders it. A step-parent does not become a guardian by marrying a guardian. Only a guardian can have parental responsibilities and parenting time; someone else with a relationship to the child can have contact.
Parental responsibilities
The Act lists them: day-to-day decisions and care; where the child lives and with whom; education and extracurricular activities; cultural, linguistic, religious and spiritual upbringing; consent to medical treatment; passports and other applications; receiving information from schools and doctors; legal proceedings on the child's behalf; and anything else needed to nurture the child's development. Unless an agreement or order divides them, each guardian may exercise all of them in consultation with the others.
Parenting time
Parenting time is the time a child is with a guardian under an agreement or order. During it, that guardian makes the day-to-day decisions. The Act is explicit that no arrangement is presumed: not equal parenting time, not equal responsibilities, and not joint decision-making.
The only test: the child's best interests
Parents and courts must consider the best interests of the child only, weighing the child's health and emotional well-being, the child's views where appropriate, the strength of the child's relationships, the history of care, the need for stability, each guardian's ability to meet the child's needs, and the impact of any family violence. An arrangement is not in a child's best interests unless it protects the child's safety, security and well-being to the greatest extent possible.
The Divorce Act's terms
For married spouses divorcing, the Divorce Act since March 1, 2021 uses "parenting time" and "decision-making responsibility" in a parenting order, with its own best-interests list that gives primary consideration to the child's physical, emotional and psychological safety. The ideas line up with the Family Law Act, and in practice BC orders are drafted so the two fit together.
The law
Each link opens the section itself on BC Laws or Justice Laws. Checked on November 9, 2026.
- Family Law Act, SBC 2011, c 25, s 37 — the best interests of the child as the only consideration, and the factors
- Family Law Act, s 39 — parents are generally guardians
- Family Law Act, s 40 — parenting arrangements; no arrangement presumed
- Family Law Act, s 41 — the list of parental responsibilities
- Family Law Act, s 42 — parenting time
- Divorce Act, RSC 1985, c 3 (2nd Supp), s 16 — best interests of the child under the Divorce Act
- Divorce Act, s 16.1 — parenting orders: parenting time and decision-making responsibility
People also ask
- Is 50/50 parenting time the default in BC?
- No. The Family Law Act says that no particular arrangement is presumed to be in a child's best interests, and specifically that equal parenting time must not be presumed. Equal time is common where it works for the child, but it has to be shown to be in that child's interests.
- Is a parent who never lived with the child a guardian?
- Not automatically. They become a guardian by agreement with all the child's guardians, by regularly caring for the child, or by court order.
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General information about the law in British Columbia, not legal advice. Laws change and every situation differs; speak to a lawyer before acting on anything here.