How to Get a Parenting Order in British Columbia, Step by Step

If you and the other parent have no formal arrangement, you may be wondering how to turn an informal routine into something clear and enforceable. A parenting order is a court order that does that, and the process has a few set steps.

This article walks through who can apply, which court to use, the Parenting After Separation course you must complete in all Provincial Court locations unless you are exempt, and how a consent order fits in. Every family is different, so a lawyer can confirm what applies to you.

This article covers the law of British Columbia.

What a parenting order covers and who can apply

On a guardian's application, a court may make orders about the allocation of parental responsibilities, parenting time, how the arrangement is carried out, and how disputes are resolved. Parental responsibilities include day-to-day care, where the child lives, education, health-care consent and applying for a passport.

Only a guardian may have parental responsibilities and parenting time. Each parent is generally a guardian while living together and after separating, and separation alone does not end guardianship. A court must not make a parenting order if the guardians are the child's parents and are not separated.

If you are a parent who has never lived with the child, you may not be a guardian. A person who is not a guardian can apply to be appointed under section 51, and can apply for a parenting order at the same time.

Step 1: choose the court

You can generally start in Provincial Court or Supreme Court. The starting documents differ.

The Supreme Court form also covers divorce, support and property, and it asks whether your claim relies on the Divorce Act or the Family Law Act. If you are dealing with several issues at once, a lawyer can help you pick the better forum.

Step 2: the Parenting After Separation course

In all Provincial Court locations, a party must complete a Parenting After Separation (PAS) course before moving forward with an application, and before the first court date unless exempt. The Certificate of Completion is your proof.

Exemptions include a course completed within the past 2 years, a consent order being filed, no online access or no course in your language, literacy challenges, or a serious medical condition. You request an exemption on Form 20, Notice of exemption from parenting education program (PFA740).

Step 3: consent orders, agreements and contested cases

If you and the other guardian agree, a consent order is often the simplest route. Filing a consent order is one of the listed exemptions from the PAS course in Provincial Court. A parenting agreement is binding only if it was made after separation, or if you were about to separate and it was meant to take effect on separation. A written agreement that is filed in court is enforceable as if it were a court order.

If you disagree, the court decides. It considers the best interests of the child only. No particular parenting arrangement is presumed to be in the child's best interests, and the Act does not presume equal parenting time or joint decision-making. The court may also appoint someone to assess the child's needs, the child's views, or a party's ability and willingness to meet the child's needs.

What to do next

• Confirm whether you are a guardian, and if not, whether you need a guardianship application as well.
• Decide between Provincial Court and Supreme Court, ideally after talking with a lawyer.
• Complete the PAS course and keep the certificate if you are in Provincial Court.
• Try to reach an agreement first, since a consent order can be filed.
• Gather records of the child's care, schedules and any safety concerns.
• File the correct starting form and keep copies of everything.

A parenting order can later be changed, suspended or terminated if there has been a change in the needs or circumstances of the child. A lawyer can confirm the steps for your situation.

Frequently asked questions