British Columbia parents may be interested in an article discussing the types of child custody available through the court system. Knowledge of these different arrangements may be useful when negotiating a custody agreement with a former spouse.

Under the federal Divorce Act, when a couple who has a child together divorces, they will apply for custody of that child during the divorce process. The term custody refers to the right to spend time with a child and the right to take part in the major decisions in a child’s life. There are three major types of custody. The first is sole custody, which allows only one of the child’s parents to make important parenting decisions. The child generally lives with that parent most of the time as well.

Another type of custody is known as joint custody. Joint custody involves both of the parents in the major decision-making and parenting time to varying degrees. The amount of parenting time does not have to be equal in these arrangements. Decisions about the child’s upbringing, however, generally require the consent of both parents. When each parent spends at least 40 percent of the time responsible for the child, this is known as shared custody. Lastly, split custody is a situation where there is more than one child, and some live with one parent while others live with the second parent.

Decisions regarding child custody and living arrangements are either made through agreement by the parents or by a court. The court seeks to serve the best interests of the child. A lawyer may be able to help throughout the child custody process, either by negotiating an agreement on behalf of one parent or representing them in front of a judge.

Source: Family Law in British Columbia, “Custody“, September 15, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

A 2013 study with implications for parents in British Columbia and across Canada found that children of divorced parents have the best outcome when they can spend equal time with both parents. The study shows that shared parenting usually works to minimize abuse and contention between parents even when the parents disagree. A parent who has minimal time with a child generally seems to have reduced input into a child’s life. Even a Supreme Court judge referred to the parent with less time as an ‘interested bystander.”

Even when the courts order shared parenting, one parent will usually spend minimal time with a child. A parent who does not have equal access to the child could struggle to obtain even simple information, such as what is happening with the child’s education, address or health. The parent with primary custody could make decisions about the child without the second parent’s perspective. Parenting provisions might not always be administered properly.

Generally, courts enforce a standard visitation schedule that gives a non-custodial parent time with the child only four to six days per month. The child’s needs are usually not considered, and custody is often routinely ordered to one parent, usually the mother. One benefit to joint custody is that parents are free to work out better scheduling options, even if they are not equal parenting schedules. Some parents are backing a new bill in Parliament in order to encourage shared parenting practices.

When a marriage between parents ends, what to do about child custody and parenting time can be one of the most challenging issues to resolve. A family lawyer might be able to work out a schedule that favors a fair distribution of custody time so that both parents can have an adequate amount of time with their child.

Source: The Toronto Star, “Bill favoring ‘equal time’ for parents in divorce deserves support“, Glenn Cheriton, March 19, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370