Parent and child

Child Custody vs Parenting Time in BC: What's the Difference?

BC family law replaced "custody" and "access" with "parenting time," "guardianship," and "parental responsibilities" under the BC Family Law Act in 2013. If you are searching for a "child custody lawyer" in BC, you are looking for a lawyer who handles parenting time disputes, guardianship applications, and parental responsibility matters — the legal concepts that now govern children's issues in BC family law.

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Modernizing the Language of Parenting

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
Legislative Framework

Why BC No Longer Uses the Term "Custody"

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 Using outdated language in legal filings can cause problems.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 →

Legal document

What Is Parenting Time in BC?

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.

What Is Guardianship in BC?

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.

What Are Parental Responsibilities in BC?

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.

What About "Access" — Does That Term Still Exist in BC?

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.

Read: Withholding a Child From Another Parent in BC

Family

Cooperative Co-Parenting

Modern BC law encourages parents to work together to create a Parenting Plan that minimizes conflict.

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What This Means If You Are Searching for a "Child Custody Lawyer" in BC

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:

  • Parenting time disputes and schedules
  • Guardianship applications
  • Parental responsibility allocations
  • Contested parenting matters and court orders
  • Relocation and mobility issues

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

Dealing with a parenting time dispute in Vancouver or the Lower Mainland?

Booth Legal provides strategic, child-focused representation for guardianship and parenting time matters.

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Common Questions

People Also Ask & FAQ

Child's artwork

Does BC use the term "custody"?

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Not in provincial family law. The BC Family Law Act uses parenting time, guardianship, and parental responsibilities instead.

What replaced custody in BC?

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Parenting time replaced the time component. Guardianship and parental responsibilities replaced the decision-making component.

What is the difference between parenting time and contact in BC?

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Parenting time applies to guardians. Contact applies to non-guardians — such as grandparents — who want court-ordered time with a child.

Can parenting time be denied in BC?

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Court-ordered parenting time cannot be withheld without legal justification. Read more: Withholding a Child From Another Parent in BC

How does a BC court decide parenting time?

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Based on the best interests of the child — including the child's relationship with each guardian, each guardian's ability to meet the child's needs, and any history of family violence.

Booth Legal — Family Lawyers Serving Vancouver, North Vancouver & the Lower Mainland

Alexandra Booth represents parents through parenting time disputes, guardianship applications, and child support matters across BC.

Book Your Consultation → About Booth Legal →