How to Get a Parenting Order in BC: Provincial or Supreme Court

If you and the other parent cannot agree on where your child lives or how time is shared, a court order can set it out. British Columbia no longer uses the words custody and access. The system now talks about guardianship, parental responsibilities and parenting time.

This article walks through who can apply, which court to choose, the forms that start the process and what usually happens next. Every family is different, so a lawyer can confirm the right path for your situation.

This article covers the law of British Columbia.

Start by checking whether you are a guardian

Under the Family Law Act, only a guardian may have parental responsibilities and parenting time. While parents live together and after they separate, each parent is a guardian, and separation alone does not end that. The exception is an agreement or order made after separation, or when the parents are about to separate, that provides a parent is not a guardian.

There is another exception for a parent who has never lived with the child. That parent 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. A father who is not a guardian can apply to the court under s. 51 to be appointed one. A person applying for guardianship may apply at the same time for a parenting order.

Stepparents are treated differently. A person who marries or enters a marriage-like relationship with a guardian does not become a guardian for that reason alone, and a stepparent is a guardian only if a court appoints them. A stepparent applies to the court under s. 51 and must give details about their plans for the child's care and their own history.

What a parenting order can cover

On a guardian's application, a court may make orders about the allocation of parental responsibilities, parenting time, how the order is carried out and how disputes are resolved. The court can also require supervision of parenting time or transfers by a named person.

Nothing is assumed in advance. No particular arrangement, including equal time, is presumed to be in the child's best interests, and each case is decided on the child's best interests. An order must not be made if the guardians are the child's parents and are not separated.

In making an agreement or order, the parties and the court must consider the best interests of the child only. An agreement or order is not in the child's best interests unless it protects, to the greatest extent possible, the child's physical, psychological and emotional safety, security and well-being.

Provincial Court or Supreme Court

The Supreme Court form covers divorce and orders about children, support and property, and asks whether your claim relies on the Divorce Act or the Family Law Act. If you have property, divorce or support issues alongside parenting, that can affect which court suits you. A lawyer can help you choose.

The Parenting After Separation course

In all Provincial Court locations, a party must complete a Parenting After Separation course before moving forward with an application, before the first court date unless exempt. The Certificate of Completion is the proof. The standard course is offered in English, French and Punjabi, and versions exist for Indigenous families.

• A course completed within the past 2 years can be an exemption.
• Other exemptions include all children being 19 or older, 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).

What to do next

• Confirm whether you are a guardian.
• Complete the Parenting After Separation course if you plan to use Provincial Court.
• Write down your proposed schedule and why it suits your child's best interests.
• Collect any existing agreements or earlier orders.
• Ask a lawyer which court and forms fit your case.

Once an order exists, it can be changed, suspended or terminated if there has been a change in the child's needs or circumstances. If an order is not being followed, enforcement in Provincial Court uses Form 29 Application about enforcement (PFA725). Where the child's safety is a concern, get advice early.

Frequently asked questions