Supervised Parenting Time in British Columbia: Ordering and Ending It

Supervised parenting time means another person is present, or handles handovers, so that a child can spend time with a parent in a safer or more controlled setting. It can feel like a heavy label if it is proposed for you, and a necessary protection if you are asking for it.

This article explains in general terms how British Columbia law approaches supervision, who may be named, and how a parent may later seek a change. Every case turns on its facts, so get legal advice about yours.

This article covers the law of British Columbia.

What the Family Law Act says about supervision

On a guardian's application, a court may make orders about parental responsibilities, parenting time, implementation and dispute resolution. The court may also require supervision of parenting time or transfers by a named person. So supervision can cover the visit itself, the handover, or both.

Where a non-guardian such as a grandparent has contact with a child, the court may also order supervision if that is in the child's best interests.

When courts consider ordering it

The Act does not list supervision as a standard outcome. The court looks at the child's best interests 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.

Family violence is an important consideration. The best interests factors include its impact on the child's safety, security or well-being and whether the person who was violent can care for the child. In assessing it, the court must consider matters such as the nature and seriousness, how recently and how often it occurred, whether there is a pattern of coercive and controlling behaviour, and whether the child was exposed to it. Family violence includes physical, sexual and psychological or emotional abuse, and a child's exposure to it.

A court may consider a person's conduct only if it substantially affects a best interests factor, and only to the extent of that effect. Poor behaviour alone is not enough.

Who can supervise

The order names the person who supervises. Who is suitable to supervise depends on your situation, so it is worth confirming with a lawyer. Think about whether the person is available, neutral enough, and trusted to report accurately.

• Supervision of the visit, of transfers, or both can be requested.
• Parents can also reach their own written agreement on parenting arrangements after separation.
• A written agreement 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 a parenting agreement that is not in the child's best interests.

Moving toward unsupervised time

A parenting order can be changed, suspended or terminated if there has been a change in the needs or circumstances of the child. Any new order about parenting arrangements must be based on the child's best interests only.

How long supervision should last depends on your situation, so it is worth confirming with a lawyer. Helpful evidence might include a record of consistent attendance, completed programs or counselling, and any steps that address the original concern. Where the court is concerned about family violence, it considers steps taken to prevent further violence. Where informal arrangements have been settled, a guardian must not change them without consulting the other guardians unless consultation is unreasonable or inappropriate.

If you repeatedly fail to exercise entitled parenting time, the court may order dispute resolution, counselling, supervised transfers, reimbursement of others' reasonable expenses, or security or reporting. How missed time might affect a later request to change supervision depends on your situation, so it is worth confirming with a lawyer.

What to do next

• Get a copy of the current order or agreement and read the supervision terms closely.
• Keep a log of visits attended, handovers and any concerns, with dates.
• In Provincial Court, applications are made on Form 3, and enforcement uses Form 29.
• In Provincial Court, you must complete a Parenting After Separation course before moving forward, unless exempt.
• In Supreme Court, a family case starts with a Form F3 Notice of Family Claim.
• Speak with a lawyer about whether to apply, agree on terms, or change an order.

Frequently asked questions