How Do I File for Parenting Arrangements in British Columbia?

British Columbia abolished the term "custody" in 2013. Under the Family Law Act, parents now apply for parenting arrangements and decision-making responsibility instead. Roughly 40% of BC family law cases involve children, and the majority resolve without a contested trial when parents understand the process.

Which Court Should I File In?

You have two options in British Columbia, and the choice affects cost and complexity:

• Provincial (Family) Court — Free to file, designed for self-represented parents, and handles parenting arrangements, contact, and child support. This is where most parents begin.
• Supreme Court — Required if you are also seeking a divorce or dividing property/pensions, since Provincial Court cannot grant a divorce. Filing fees apply.

If you only need to resolve where the child lives and how decisions are made, Provincial Court is usually the practical starting point. Our British Columbia divorce resources list the relevant court registries and forms.

What Forms and Steps Are Involved?

The general path in Provincial Court is:

1. Mandatory early resolution — Most registries now require a Parenting Education Program and a needs assessment before a judge hears your matter.
2. File an Application About a Family Law Matter with the court registry.
3. Serve the other parent with your filed documents.
4. Attend a Family Management Conference or hearing, where a judge may make interim or final orders.

The Provincial Court (Family) Rules govern this process. For a step-by-step overview, see our British Columbia divorce checklist.

How Does the Court Decide?

Under Family Law Act § 37, the court considers ONLY the best interests of the child. Relevant factors include the child's health and emotional well-being, the history of care, the child's views, and any family violence. Section 37 explicitly requires the court to weigh these factors together — there is no automatic preference for either parent.

Decision-making responsibility (formerly part of "custody") and parenting time (formerly "access") are allocated separately, so one parent may hold more parenting time while both share major decisions about education and health.

Do I Need a Lawyer?

Provincial Court is built for self-represented parents, and BC offers free Family Justice Counsellors and Family Duty Counsel. However, contested matters, family violence, or relocation disputes become complex quickly. Studies show represented parties reach durable agreements more often. If your situation is contested, find an attorney experienced in BC family law before filing. You can also review current British Columbia divorce statistics and browse common questions in our Divorce Questions hub.

This information is educational and not legal advice — consult a British Columbia family law lawyer for guidance on your specific circumstances.