How do I get a parenting order in British Columbia?
This answer covers the law of British Columbia.
To get a parenting order in British Columbia, a guardian applies to court, either Provincial Court or Supreme Court, and the court decides based on the child's best interests.
In Provincial Court you file Form 3, Application about a family law matter. In Supreme Court a family case starts with Form F3, Notice of Family Claim. In Provincial Court you must complete a Parenting After Separation course before the first court date unless exempt, and a Certificate of Completion is the proof. In Supreme Court the course is not mandatory.
A parenting agreement is binding only if it was made after separation, or when you are about to separate and it is meant to take effect on separation, and a written agreement filed in court is enforceable as if it were a court order. On application, the court must set aside or replace all or part of a parenting agreement that is not in the child's best interests. An order can later be changed if the child's needs or circumstances change. An order must not be made if the guardians are the child's parents and are not separated. A lawyer can help you choose the right court and forms for your situation.
Key takeaways
- In Provincial Court you apply with Form 3, Application about a family law matter.
- In Supreme Court a family case starts with Form F3, Notice of Family Claim.
- In Provincial Court you must complete a Parenting After Separation course before the first court date unless you are exempt, but in Supreme Court the course is not mandatory.
- A parenting agreement is binding only if made after separation or when you are about to separate, a written one filed in court is enforceable as if it were a court order, and on application the court must replace any part that is not in the child's best interests.