What does guardian mean in British Columbia family law?
This answer covers the law of British Columbia.
A guardian is a person who has the legal authority to make decisions for a child, and under the Family Law Act each parent is a guardian of the child while living together and after separating. The Act replaced the old ideas of custody and access with guardianship, parental responsibilities, parenting time and contact.
Some parents are not guardians. A parent who has never lived with the child is not a guardian unless they are a parent under the s. 30 arrangements, all guardians agree in writing, or the parent regularly cares for the child. An agreement or order made after separation can also provide that a parent is not a guardian. A stepparent does not become a guardian only by joining the family, and needs a court appointment.
Only guardians may have parental responsibilities and parenting time. A non-guardian parent can still have contact, but has no parental responsibilities. No particular parenting arrangement is presumed to be in the child's best interests. Your own situation depends on the facts, so a lawyer can confirm where you stand.
Key takeaways
- Each parent is a guardian while living together and after separation, so separation alone does not end guardianship.
- A parent who has never lived with the child is not a guardian unless an exception applies, such as a written agreement of all guardians or regular care of the child.
- A stepparent does not become a guardian only by joining the family and is a guardian only if a court appoints them.
- Only guardians may have parental responsibilities and parenting time, while a non-guardian parent can still have contact.