Understanding Guardianship and Parenting Time in BC

When parents separate, one of the most important questions that arises is how decisions about their child will be made moving forward. In British Columbia, the Family Law Act provides clear guidance on guardianship, parental responsibilities, and parenting time—ensuring that a child’s best interests remain at the centre of every parenting arrangement.

Guardianship: What It Means

Under BC law, both parents are automatically deemed guardians of their child if they lived together with the child before separation. This means most separating parents continue as guardians by default. Guardianship is made up of a set of decision‑making duties known as parental responsibilities.

Parenting Time 

Parenting time refers to the actual time a guardian spends with the child, including time for day‑to‑day care, supervision, and routine decision‑making. Only guardians can have parenting time under the Family Law Act.

How Parental Responsibilities Work

Section 40 of the Family Law Act outlines how parental responsibilities and parenting time may be shared or divided. These responsibilities may be exercised by one guardian, by more than one guardian, or by all guardians together. Importantly, no specific parenting arrangement is presumed to be “best”, not equal time, not equal shared responsibilities, and not joint versus separate decision‑making. Every plan must reflect what’s in the best interests of the child.

Examples of Parental Responsibilities: Section 41 lists a full range of parental responsibilities, including:

• day‑to‑day care and supervision,
• decisions about where the child lives and with whom,
• education and extracurricular activities,
• cultural, linguistic, and spiritual upbringing,
• medical and dental consent,
• applying for passports and official documents,
• receiving important notices and information, and protecting the child’s legal and financial interests.

Need Guidance on Your Parenting or Guardianship Arrangements? 

Pier Law & Mediation is here to help you understand your rights, navigate your options, and build a parenting plan that supports your child’s wellbeing. 

We can also help with child support. Call us at 604-560-8285 or email info@pierfamilylawyers.com.