A parenting plan in British Columbia is a written agreement that allocates parenting time and decision-making responsibility between guardians under the Family Law Act, S.B.C. 2011, c. 25. Filing a parenting order costs $0 in Provincial Court or $200 in Supreme Court, and section 37 makes the best interests of the child the only consideration. No 50/50 presumption applies.
Key Facts: Parenting Plans in British Columbia
| Factor | Detail |
|---|---|
| Filing Fee | $0 (Provincial Court) or $200 (Supreme Court Notice of Family Claim) |
| Governing Law | BC Family Law Act § 37; Divorce Act § 16 |
| Residency Requirement | 1 year ordinarily resident in BC (for divorce) under Divorce Act § 3 |
| Decision Standard | Best interests of the child only (FLA § 37) |
| Equal-Time Presumption | None — FLA § 40(4) prohibits any presumption of equal sharing |
| Property Division Type | Equal division of family property (FLA § 81) |
What Is a Parenting Plan in British Columbia?
A parenting plan British Columbia document sets out how separated guardians will share parenting time and parental responsibilities for their children. Under BC Family Law Act § 41, parental responsibilities include education decisions, healthcare consent, and choosing where the child lives. A parenting plan can be a private agreement or a court order, and approximately 40% of separated BC families use shared arrangements.
British Columbia replaced the terms "custody" and "access" when the Family Law Act took effect on March 18, 2013. The province now uses "parenting time" and "parental responsibilities" for cases under the provincial statute, while the federal Divorce Act uses "parenting time" and "decision-making responsibility" for married couples. A parenting plan covers both day-to-day care and major decisions, providing a written framework that reduces conflict, clarifies expectations, and gives the child stability. Guardians can create a plan themselves, through mediation, or have a court impose one if they cannot agree. A well-drafted custody agreement addresses the residential schedule, holidays, communication, and a dispute-resolution method, so the parties avoid returning to court for every disagreement.
The Legal Framework: Family Law Act vs. Divorce Act
Two laws govern parenting arrangements in British Columbia. The Family Law Act applies to all parents regardless of marital status, while the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) applies only to married spouses seeking divorce. Married couples can use either statute, but only the Divorce Act grants the actual divorce, which takes effect on the 31st day after the order under § 12(1).
The Family Law Act is the more detailed framework for parenting issues, defining guardianship, parental responsibilities, parenting time, and contact across Part 4. The 2021 amendments to the federal Divorce Act modernized its language, replacing "custody" and "access" with "parenting time" and "decision-making responsibility" to match BC's child-focused terminology. When a married couple divorces, BC courts typically resolve parenting under the Family Law Act because of its granular definitions, then grant the divorce itself under the Divorce Act. For unmarried parents, only the Family Law Act applies. Understanding which statute governs matters because each has distinct procedures, forms, and the Provincial Court can only make orders under the Family Law Act, not grant divorces.
The Best Interests of the Child Standard
Under BC Family Law Act § 37, the best interests of the child are the only consideration when making any parenting agreement or order. This standard governs guardianship, parenting time, parental responsibilities, and contact. The statute lists specific factors and requires that any arrangement protect the child's physical, psychological, and emotional safety, security, and well-being to the greatest extent possible.
Section 37(2) sets out the factors a court and the parties must weigh: the child's health and emotional well-being; the child's views, unless inappropriate to consider them; the nature and strength of relationships between the child and significant persons; the history of the child's care; the child's need for stability given age and stage of development; each guardian's ability to exercise their responsibilities; and the impact of any family violence. Section 37(3) adds that an agreement or order is presumed not to be in the child's best interests unless it protects the child's safety and well-being to the greatest extent possible. When building your co-parenting schedule, address each of these factors directly, because a judge reviewing your plan will measure it against this checklist. Demonstrating that your parenting time schedule prioritizes the child's stability and safety strengthens both private agreements and contested applications.
How Parenting Time Is Allocated
Parenting time is the time a child spends in the care of a guardian, and BC Family Law Act § 40(4) explicitly prohibits any presumption that parenting time should be shared equally. Common arrangements include shared parenting (each guardian has at least 40% of the time), primary parenting (one guardian has more than 60%), and split parenting (each guardian has primary care of different children).
During a guardian's parenting time, that guardian is responsible for the child's care and may make day-to-day decisions under FLA § 42. Because BC law has no automatic 50/50 default, the parenting time schedule must reflect the child's actual needs rather than a parental entitlement to equal time. A workable co-parenting schedule specifies the regular weekly rotation, exchange times and locations, holiday and school-break allocations, and arrangements for special occasions like birthdays. Many BC families use a 2-2-3 rotation, week-on-week-off, or a primary-residence model with alternating weekends. The plan should also address transportation responsibility, notice requirements for schedule changes, and how the parties handle a child's illness. A detailed visitation schedule prevents recurring disputes and gives children predictable routines, which courts consistently recognize as serving the stability factor in § 37.
Parental Responsibilities and Decision-Making
Parental responsibilities under BC Family Law Act § 41 cover the major decisions in a child's life and can be shared between guardians or divided so one guardian decides specific matters. These responsibilities include determining where the child lives, choosing schools and extracurricular activities, consenting to medical and dental treatment, and decisions about the child's cultural, linguistic, religious, and spiritual upbringing.
Section 41 lists eight categories of parental responsibility, including making day-to-day decisions and having care and supervision; deciding where the child resides; education and extracurricular choices; cultural and religious upbringing (including Indigenous identity, if applicable); consenting to health-related treatment subject to § 17 of the Infants Act; and applying for passports, licences, or benefits. Guardians can allocate these flexibly in a parenting plan — for example, sharing major medical and education decisions while assigning routine decisions to whoever has the child at the time. When guardians share decision-making but cannot agree, FLA § 49 lets a court resolve the dispute, and courts can grant one guardian a "final say" provision. A clear custody agreement should specify exactly which responsibilities are shared, which are divided, and what dispute-resolution process applies before either party returns to court.
What to Include in Your Parenting Plan
A comprehensive parenting plan British Columbia document should address the residential schedule, decision-making allocation, communication rules, and a dispute-resolution mechanism. While the Family Law Act does not mandate a fixed template, BC courts and the Provincial Court Family Rules expect plans to cover parenting time, parental responsibilities, and how parents will handle disagreements. The Provincial Court charges $0 to file a parenting order.
A strong parenting plan typically includes: a detailed parenting time schedule covering the regular rotation, holidays, school breaks, and summer; allocation of parental responsibilities under § 41; exchange logistics including times, locations, and transportation; communication protocols between guardians and between each guardian and the child; a method for resolving disputes such as mediation or arbitration before litigation; provisions for relocation notice under § 65; rules for introducing new partners; and procedures for reviewing and modifying the plan. Including a right of first refusal — offering the other guardian care time before using a third-party caregiver — is common. The more specific your co-parenting schedule, the less room for conflict. Vague plans invite repeated court applications, while precise terms give both guardians and the child predictable, enforceable routines.
Filing Costs and Court Process
Filing a parenting order in British Columbia costs $0 in Provincial Court or $200 for the Notice of Family Claim (Form F3) in Supreme Court, as of March 2026. Verify with your local clerk. For a desk order divorce that also resolves parenting, BC Supreme Court filing fees total approximately $290, comprising the $200 filing fee, a $10 federal Registration of Divorce Proceedings fee, and an $80 desk order processing fee.
Most BC families resolve parenting through the Provincial Court (free) or by private agreement, which costs nothing to create but should ideally be reviewed by a lawyer. The Supreme Court handles parenting issues bundled with divorce. Self-represented filers can use the free BC Online Divorce Assistant. Additional costs in a contested matter include a process server ($75-$150), a certified marriage certificate ($45-$75), and notary fees for affidavits (around $40 each). If you cannot afford the $200 Supreme Court fee, you may apply for "No Fee" status under Rule 20-5 of the Supreme Court Family Rules by filing a requisition, draft order, and affidavit showing financial hardship. Desk order matters typically take 4-8 weeks to process, though timelines vary by registry. All filing fees apply equally to contested and uncontested cases.
Relocation: Moving With Your Child
Relocation under BC Family Law Act § 65 is a change in residence that can reasonably be expected to significantly impact the child's relationship with another guardian. A guardian planning to relocate with a child must give 60 days' written notice under § 66, and another guardian has 30 days to file an application opposing the move under § 68. The court decides based on the child's best interests under § 69.
The legal test depends on the existing parenting arrangement. Where guardians have substantially equal parenting time, FLA § 69(5) requires the relocating guardian to prove the move is made in good faith, that reasonable arrangements have been proposed to preserve the child's relationship with the other guardian, and that the relocation is in the child's best interests. Where one guardian has the majority of parenting time, § 69(4) shifts more of the burden, presuming the move is in good faith unless challenged. A parenting plan can address relocation in advance by setting notice requirements, defining what distance counts as relocation, and specifying how parenting time will be restructured if a move occurs. Building relocation provisions into your plan reduces uncertainty and gives courts a framework that already reflects the parties' intentions.
Modifying an Existing Parenting Plan
A parenting plan in British Columbia can be changed when there is a material change in circumstances affecting the child's best interests. Under BC Family Law Act § 47, a court may change, suspend, or terminate a parenting order if satisfied that the change is in the child's best interests since the last order was made. Filing a variation application in Provincial Court costs $0.
A material change might include a parent's relocation, a significant shift in work schedules, the child's evolving developmental needs, concerns about safety, or one guardian repeatedly violating the existing schedule. Parents who agree on changes can simply sign an updated written agreement, which under FLA § 44 is enforceable once filed with the court. When parents disagree, the party seeking change must demonstrate to the court that circumstances have materially changed and that the proposed modification serves the child's best interests under § 37. Courts are cautious about altering arrangements that provide stability, so minor inconveniences rarely justify a change. A well-drafted parenting plan anticipates this by including a built-in review schedule — for example, an annual review or a review when the child reaches a new school stage — allowing adjustments without litigation.