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Concerned about parenting time or guardianship in BC? Alexandra Booth at Booth Legal handles parenting time, guardianship, and child-related family law matters across Vancouver and the Lower Mainland.
Speak with a Parenting Time Lawyer Today →| Concept | Old Term (Pre-2013) | Current BC Term |
|---|---|---|
| Time with a Child | Custody / Primary Residence | Parenting Time |
| Visit Rights (Non-Primary Parent) | Access | Parenting Time (guardian) / Contact (non-guardian) |
| Decision-Making for the Child | Legal Custody | Parental Responsibilities |
| Legal Status as a Parent | Guardianship (informal) | Guardianship |
| Rights for Grandparents / Others | Access | Contact |
| Federal Divorce Act (Updated 2021) | Custody / Access | Parenting Time / Decision-Making Responsibility |
The BC Family Law Act, which came into force in 2013, removed the terms "custody" and "access" from provincial family law. The legislature made this change to shift focus away from parental rights — and the adversarial "winning" and "losing" framing — and toward the best interests of the child.
Under the old Divorce Act language, one parent "won" custody and the other got "access." BC family law now frames parenting issues around time with a child and responsibility for decisions about a child's life.
Note: The federal Divorce Act was also updated in 2021 to replace "custody" and "access" with "parenting time" and "decision-making responsibility" — aligning with BC's approach.
Booth Legal Note: Understanding the current BC terminology matters when filing court documents and negotiating agreements. Using outdated language in legal filings can cause problems. Talk to Alexandra Booth →
Parenting time refers to the time a child spends with each guardian — covering where the child lives, when they are with each parent, and the schedule governing day-to-day care. The guardian who has the child during their parenting time is responsible for routine decisions in that period.
Parenting time can be equal, shared, or weighted toward one parent depending on what is in the best interests of the child.
Guardianship is the legal status of a person who has parental responsibilities for a child. In BC, most parents are automatically guardians. Guardians make decisions about a child's education, health care, cultural upbringing, and other significant life matters.
Guardianship and parenting time are separate concepts — a guardian does not need equal parenting time to retain guardianship.
Parental responsibilities are the specific decision-making powers that guardians hold. Under the BC Family Law Act, guardians can divide parental responsibilities — for example, one guardian may have primary authority over education while both share health decisions.
In BC provincial law, "access" has been replaced by "contact." Contact applies to people who are not guardians — such as grandparents, stepparents, or extended family — who want time with a child. Contact is distinct from parenting time, which applies to guardians only.
Modern BC law encourages parents to work together to create a Parenting Plan that minimizes conflict.
Speak with a Lawyer →If you are searching online for a "child custody lawyer in Vancouver," you are using language the public still commonly uses — and BC courts and lawyers understand what you mean. What you are actually looking for is a lawyer who handles:
Booth Legal's Child Custody Lawyer Vancouver page covers parenting time and guardianship matters in detail — using the current BC legal language your case will require.
"While the language has shifted, the emotional weight of these transitions remains the same. We focus on stabilizing families during change."
Alexandra Booth, Family Mediator
Booth Legal provides strategic, child-focused representation for guardianship and parenting time matters.
Book a Confidential Consultation with Alexandra Booth →
Alexandra Booth represents parents through parenting time disputes, guardianship applications, and child support matters across BC.
Book Your Consultation → About Booth Legal →