How Do I File for Parenting Arrangements in British Columbia?

British Columbia retired the word "custody" in 2013 when the Family Law Act came into force. Today, parents apply for parenting arrangements (where children live and the parenting schedule) and decision-making responsibility (who makes major decisions about health, education, and religion). Understanding the correct process under British Columbia divorce law saves time and avoids filing in the wrong court.

Which Court Should I File In?

You have two options. Provincial (Family) Court handles parenting arrangements, contact, and child support — and it's free to file. The Supreme Court is required if you also want a divorce order or a division of property, because Provincial Court cannot grant either. Most parents who are not yet divorcing start in Provincial Court because it is faster and lower-cost.

Under BC's Family Law Act § 37, every parenting decision must be made on the best interests of the child standard — and only that standard. Section 37 lists factors including the child's health, emotional needs, relationships, and any history of family violence.

What Are the Filing Steps?

1. Complete the right form. In Provincial Court, file an Application About a Family Law Matter. In Supreme Court, file a Notice of Family Claim (Form F3).
2. File with the court registry and pay any fee (Provincial Court parenting applications are free; Supreme Court charges a filing fee).
3. Serve the other parent with the filed documents — personal service is usually required for the initial application.
4. Attend a first appearance or case conference, where a judge may direct you to mediation or a Family Justice Counsellor.

A detailed walkthrough is in our British Columbia divorce checklist, and current court forms are listed in our British Columbia divorce resources.

What Does the Court Consider?

BC courts presume that no single parenting arrangement is preferred — there is no automatic 50/50 rule and no preference for mothers or fathers. Roughly 40% of BC families restructure parenting through agreements rather than trials, according to provincial family-justice data, and the Family Justice Services Division reports that most parenting disputes settle before a final hearing when mediation is used.

Under Family Law Act § 40, only a child's guardians have parental responsibilities; a parent who has never lived with the child may need to apply for guardianship first. If safety is a concern, § 183 allows you to seek a protection order on an urgent basis.

Because parenting cases turn on detailed facts and the best-interests analysis, you should find a BC family law attorney before filing, especially if family violence, relocation, or guardianship status is involved. For more answers, browse our Divorce Questions hub.