What Goes in a Parenting Plan or Agreement in British Columbia

Many separating parents would rather write their own plan than have a judge decide. In British Columbia the Family Law Act allows this, but the rules about what counts as a binding agreement matter.

This article walks through what a parenting agreement can cover, when it is binding, and what happens if it later stops working. It is general information only.

This article covers the law of British Columbia.

What a parenting agreement can cover

Guardians may make an agreement about parenting arrangements. That includes how parental responsibilities are allocated, the parenting time each guardian has, how the arrangements are carried out, and how disputes will be resolved.

Parental responsibilities are the decisions and duties that come with guardianship. They include day-to-day care, where the child lives, education and activities, cultural and religious upbringing, health-care consent, applying for passports and benefits, and receiving information. Guardians can share them or divide them up.

Only a guardian may have parental responsibilities and parenting time. Separation alone does not end guardianship, so each parent is generally still a guardian after separating. A parent who has never lived with the child is an exception and is not a guardian unless one of the exceptions in section 39(3) applies.

Ideas for what to include

• Who makes which decisions, and whether any are shared or divided.
• The parenting time schedule, including how the child moves between homes.
• How you will resolve disagreements, such as through family dispute resolution.
• Travel and passports, since applying for a passport is a parental responsibility.
• How and when you will tell each other about a move, remembering the relocation notice rules.
• How the plan will be reviewed as the child grows.

Unless an agreement says otherwise, each guardian may exercise all parental responsibilities after consulting the other guardians, unless consultation would be unreasonable or inappropriate. Writing down your own arrangement lets you change that default.

The Act does not presume equal parenting time or any particular arrangement, so your plan can be built around your child's needs.

Is it legally binding?

A parenting agreement is binding only if it is made after separation, or when the parties are about to separate and it is meant to take effect on separation. An agreement signed while you are together and not planning to separate is not binding in this way.

If you file a written agreement in court, it is enforceable as if it were a court order. That can make it easier to enforce later.

The agreement is still subject to the child's best interests. 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. The best interests test looks at the child's safety, stability, relationships and any family violence, among other things.

Changing or enforcing the plan

Children's needs change. A parenting order can be changed, suspended or terminated if there has been a change in the needs or circumstances of the child. Where informal arrangements have settled, a guardian must not change them without consulting the other guardians unless consultation is unreasonable or inappropriate.

If you cannot agree, a guardian may apply to the court for an order on allocation of parental responsibilities, parenting time, implementation and dispute resolution. The court must not make that order if the guardians are the child's parents and are not separated. In Provincial Court, you apply by filing Form 3, Application about a family law matter.

In Provincial Court locations, a party must generally complete a Parenting After Separation course before moving forward with an application, unless an exemption applies.

What a court can do when a plan is not followed depends on what went wrong. A person entitled to parenting time or contact under an agreement or order who has been wrongfully denied it may apply within 12 months after the denial, and the court may order remedies such as counselling, compensatory time or a payment or fine of up to $5,000. A denial is not wrongful in some situations, such as a reasonable belief the child might suffer family violence.

If a person repeatedly fails to exercise the parenting time or contact they are entitled to, the court may order dispute resolution, counselling, supervised transfers, reimbursement of others' reasonable expenses, or security or reporting.

Some parents also use a parenting coordinator under a written agreement or court order to help carry out the arrangements. Unless the agreement or order says otherwise, that authority ends after two years, and can be extended in two-year periods.

What to do next

• Talk through the topics above with the other parent and write down what you agree.
• Make sure the agreement is made after separation, or as you are about to separate.
• Ask a lawyer to review the draft before you sign.
• Consider filing it in court so it is enforceable like an order.
• Keep a signed copy somewhere safe and diarize a review date.

Frequently asked questions