Parenting Plans and Parenting Agreements in British Columbia

Separated parents often want something in writing that sets out who does what. People call this a parenting plan, while the Family Law Act speaks of a parenting agreement.

This article covers what to include, whether it can be enforced without a court order, and what happens if things change or break down.

This article covers the law of British Columbia.

Plan, agreement and order: what is the difference?

Guardians may make an agreement about parenting arrangements. It can cover the allocation of parental responsibilities, parenting time, how the arrangement is carried out, and how disputes are resolved.

Government guidance explains that guardians can share all parental responsibilities or divide them up. Time with a guardian is parenting time, while time with a person who is not a guardian is contact.

What to include

Unless an agreement or order says otherwise, each guardian may exercise all parental responsibilities after consulting the other guardians, unless consultation would be unreasonable or inappropriate. Your agreement can change that default. Useful topics include:

• Who makes which decisions, such as education, health care, activities and cultural or religious upbringing.
• Who applies for a passport and handles benefits.
• The schedule, including holidays, handovers and how day-to-day decisions are made during parenting time.
• Whether responsibilities are exercised separately or together.
• How you will resolve disagreements before going to court.
• How and when you will give notice of a move, which matters if a relocation is planned.

No arrangement is presumed to be best, and the Act does not presume equal parenting time. Build the plan around the child, not around a formula.

Is it enforceable without a court order?

A parenting agreement is binding only if it was 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 still together and not planning to separate is generally not binding in this way.

A written agreement that is 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 an agreement that is not in the child's best interests. Best interests are the only consideration.

When it changes or breaks down

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

If someone wrongly denies parenting time or contact that an agreement or order gives you, you may apply within 12 months after the denial. The court has a range of remedies, including a payment or fine of up to $5,000. Denial is not wrongful in some situations, such as a reasonable belief the child might suffer family violence. In Provincial Court, enforcement uses Form 29, Application about enforcement (PFA725).

Some parents use a parenting coordinator, who may act only under a written agreement or a court order. Unless it says otherwise, the authority ends after two years and can be extended in two-year periods.

What to do next

• List the decisions and schedule you want to cover, starting with the child's needs.
• Write the agreement clearly and sign it after separation, or when separation is about to happen.
• Get independent legal advice before signing.
• Consider filing the agreement in court so it is enforceable like an order.
• Review the agreement when the child's needs change, and consult the other guardian before changing routines.

Frequently asked questions