Parenting Orders, Guardianship, and Contact (3:XI) - Revision history

LSLAP: /* c) Parental Mobility (Under the FLA, this is referred to as Relocation which has separate considerations from that of Mobility under the DA) */

2025-11-10T20:15:02Z

c) Parental Mobility (Under the FLA, this is referred to as Relocation which has separate considerations from that of Mobility under the DA)

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	A child abducted and taken elsewhere within the province will be returned to their rightful custodian. Abduction is an offence under the ''FLA'', s 188 that carries a possibility of criminal proceedings (''[https://canlii.ca/t/56hjs Criminal Code]'', RSC 1985, c C-46, ss 280-281). The ''Criminal Code'' makes it an offence for a non-custodial parent to abduct a child. Where a parenting order is in effect, abduction amounts to contempt of Court.		A child abducted and taken elsewhere within the province will be returned to their rightful custodian. Abduction is an offence under the ''FLA'', s 188 that carries a possibility of criminal proceedings (''[https://canlii.ca/t/56hjs Criminal Code]'', RSC 1985, c C-46, ss 280-281). The ''Criminal Code'' makes it an offence for a non-custodial parent to abduct a child. Where a parenting order is in effect, abduction amounts to contempt of Court.

	==== c) ''Parental Mobility'' (Under the ''FLA'', this is referred to as Relocation which has separate considerations from that of Mobility under the ''DA'') ====		==== c) Parental Mobility (Under the ''FLA'', this is referred to as Relocation which has separate considerations from that of Mobility under the ''DA'') ====

	Relocation is defined and explained under Division 6 of the ''FLA''. It considers relocation of a child that can reasonably be expected to have a significant impact on the child’s relationship with his/her guardian(s) or other adults with whom the child has a significant relationship (s 65). The guardian intending to relocate with the child must provide 60-day written notice to all other guardians and persons having contact with the child (s 66). The notice must include the date of the relocation, and the name of the proposed location. Exemptions to these requirements can be granted by the Court if they are satisfied that the notice cannot be given without incurring a risk of family violence by another guardian or a person having contact with the child or there is no ongoing relationship between the child and the other guardian or the person having contact with the child (s 66(2)).		Relocation is defined and explained under Division 6 of the ''FLA''. It considers relocation of a child that can reasonably be expected to have a significant impact on the child’s relationship with his/her guardian(s) or other adults with whom the child has a significant relationship (s 65). The guardian intending to relocate with the child must provide 60-day written notice to all other guardians and persons having contact with the child (s 66). The notice must include the date of the relocation, and the name of the proposed location. Exemptions to these requirements can be granted by the Court if they are satisfied that the notice cannot be given without incurring a risk of family violence by another guardian or a person having contact with the child or there is no ongoing relationship between the child and the other guardian or the person having contact with the child (s 66(2)).

LSLAP: /* 1. Factors in Awarding Parenting Time */

2025-11-10T20:13:01Z

1. Factors in Awarding Parenting Time

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	::(g) Any plans for the child’s care;		::(g) Any plans for the child’s care;
	::(h) The ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child;		::(h) The ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child;
	:::(i) The ability and willingness of each person in respect of whom the order would apply to communicate and cooperate, in particular with one another, on matters affecting the child;		::(i) The ability and willingness of each person in respect of whom the order would apply to communicate and cooperate, in particular with one another, on matters affecting the child;
	::(j) Any family violence and its impact on, among other things,		::(j) Any family violence and its impact on, among other things,
	:::i. The ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and		:::i. The ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and

LSLAP: /* A. General */

2025-11-10T19:36:44Z

A. General

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	== A. General ==		== A. General ==

	Disputes over parenting time of minor children are often the most difficult issues to resolve during the breakdown of a marriage or other relationship. Parenting time decisions can always be changed; however, a material change of circumstances must be established. Thus, the decision about who gets interim parenting time is particularly important. Children usually stay with the parent who has provided primary care in the past and who can spend the most time with them. In most cases, courts will order a form of shared parenting time on an interim basis so that neither parent’s position is prejudiced. The best interest of the child is the '''only''' consideration in determining parenting time, contact, and parenting arrangements (''DA'', s 16(1)). The primary consideration in determining the child’s best interest will be given to the child’s physical, emotional, and psychological safety, security, and wellbeing (''DA'', s 16(2)). For all further factors please see '''[[Parenting Orders, Guardianship, and Contact (3:XI)#1. ~~Factors in Awarding~~ Parenting Time\|Section XI Part D: Parenting Time]]''' or s 16(3) of the ''Divorce Act''.		Disputes over parenting time of minor children are often the most difficult issues to resolve during the breakdown of a marriage or other relationship. Parenting time decisions can always be changed; however, a material change of circumstances must be established. Thus, the decision about who gets interim parenting time is particularly important. Children usually stay with the parent who has provided primary care in the past and who can spend the most time with them. In most cases, courts will order a form of shared parenting time on an interim basis so that neither parent’s position is prejudiced. The best interest of the child is the '''only''' consideration in determining parenting time, contact, and parenting arrangements (''DA'', s 16(1)). The primary consideration in determining the child’s best interest will be given to the child’s physical, emotional, and psychological safety, security, and wellbeing (''DA'', s 16(2)). For all further factors please see '''[[Parenting Orders, Guardianship, and Contact (3:XI)#D. Parenting Time\|Section XI Part D: Parenting Time]]''' or s 16(3) of the ''Divorce Act''.

	In addition to parenting time, courts can also make decisions regarding guardianship of minor children. Guardianship gives a parent or other person “a full and active” role in determining the course of a child’s life and upbringing (see e.g. ''[https://canlii.ca/t/23r7t Charlton v Charlton]'', [1980] BCJ No 22). There is considerable overlap between the two, but it is useful to note that while having parenting time usually includes having guardianship, the reverse is often not true. This distinction is impacted somewhat by the ''FLA'' as the term “Guardianship” subsumes all the rights and responsibilities of a parent.		In addition to parenting time, courts can also make decisions regarding guardianship of minor children. Guardianship gives a parent or other person “a full and active” role in determining the course of a child’s life and upbringing (see e.g. ''[https://canlii.ca/t/23r7t Charlton v Charlton]'', [1980] BCJ No 22). There is considerable overlap between the two, but it is useful to note that while having parenting time usually includes having guardianship, the reverse is often not true. This distinction is impacted somewhat by the ''FLA'' as the term “Guardianship” subsumes all the rights and responsibilities of a parent.

LSLAP: /* A. General */

2025-11-10T19:35:45Z

A. General

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	== A. General ==		== A. General ==

	Disputes over parenting time of minor children are often the most difficult issues to resolve during the breakdown of a marriage or other relationship. Parenting time decisions can always be changed; however, a material change of circumstances must be established. Thus, the decision about who gets interim parenting time is particularly important. Children usually stay with the parent who has provided primary care in the past and who can spend the most time with them. In most cases, courts will order a form of shared parenting time on an interim basis so that neither parent’s position is prejudiced. The best interest of the child is the '''only''' consideration in determining parenting time, contact, and parenting arrangements (''DA'', s 16(1)). The primary consideration in determining the child’s best interest will be given to the child’s physical, emotional, and psychological safety, security, and wellbeing (''DA'', s 16(2)). For all further factors please see '''[[Parenting Orders, Guardianship, and Contact (3:XI)#D. Parenting Time\|Section XI Part D: Parenting Time]]'''~~, Factors in Awarding Parenting Time below~~ or s 16(3) of the ''Divorce Act''.		Disputes over parenting time of minor children are often the most difficult issues to resolve during the breakdown of a marriage or other relationship. Parenting time decisions can always be changed; however, a material change of circumstances must be established. Thus, the decision about who gets interim parenting time is particularly important. Children usually stay with the parent who has provided primary care in the past and who can spend the most time with them. In most cases, courts will order a form of shared parenting time on an interim basis so that neither parent’s position is prejudiced. The best interest of the child is the '''only''' consideration in determining parenting time, contact, and parenting arrangements (''DA'', s 16(1)). The primary consideration in determining the child’s best interest will be given to the child’s physical, emotional, and psychological safety, security, and wellbeing (''DA'', s 16(2)). For all further factors please see '''[[Parenting Orders, Guardianship, and Contact (3:XI)#1. Factors in Awarding Parenting Time\|Section XI Part D: Parenting Time]]''' or s 16(3) of the ''Divorce Act''.

	In addition to parenting time, courts can also make decisions regarding guardianship of minor children. Guardianship gives a parent or other person “a full and active” role in determining the course of a child’s life and upbringing (see e.g. ''[https://canlii.ca/t/23r7t Charlton v Charlton]'', [1980] BCJ No 22). There is considerable overlap between the two, but it is useful to note that while having parenting time usually includes having guardianship, the reverse is often not true. This distinction is impacted somewhat by the ''FLA'' as the term “Guardianship” subsumes all the rights and responsibilities of a parent.		In addition to parenting time, courts can also make decisions regarding guardianship of minor children. Guardianship gives a parent or other person “a full and active” role in determining the course of a child’s life and upbringing (see e.g. ''[https://canlii.ca/t/23r7t Charlton v Charlton]'', [1980] BCJ No 22). There is considerable overlap between the two, but it is useful to note that while having parenting time usually includes having guardianship, the reverse is often not true. This distinction is impacted somewhat by the ''FLA'' as the term “Guardianship” subsumes all the rights and responsibilities of a parent.

LSLAP: /* A. General */

2025-11-10T19:35:10Z

A. General

← Older revision		Revision as of 19:35, 10 November 2025
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	== A. General ==		== A. General ==

	Disputes over parenting time of minor children are often the most difficult issues to resolve during the breakdown of a marriage or other relationship. Parenting time decisions can always be changed; however, a material change of circumstances must be established. Thus, the decision about who gets interim parenting time is particularly important. Children usually stay with the parent who has provided primary care in the past and who can spend the most time with them. In most cases, courts will order a form of shared parenting time on an interim basis so that neither parent’s position is prejudiced. The best interest of the child is the '''only''' consideration in determining parenting time, contact, and parenting arrangements (''DA'', s 16(1)). The primary consideration in determining the child’s best interest will be given to the child’s physical, emotional, and psychological safety, security, and wellbeing (''DA'', s 16(2)). For all further factors please see '''[[Parenting Orders, Guardianship, and Contact (3:XI)#D. Parenting Time\|Section XI Part D: Parenting Time]]''', Factors in Awarding Parenting Time or s 16(3) of the ''Divorce Act''.		Disputes over parenting time of minor children are often the most difficult issues to resolve during the breakdown of a marriage or other relationship. Parenting time decisions can always be changed; however, a material change of circumstances must be established. Thus, the decision about who gets interim parenting time is particularly important. Children usually stay with the parent who has provided primary care in the past and who can spend the most time with them. In most cases, courts will order a form of shared parenting time on an interim basis so that neither parent’s position is prejudiced. The best interest of the child is the '''only''' consideration in determining parenting time, contact, and parenting arrangements (''DA'', s 16(1)). The primary consideration in determining the child’s best interest will be given to the child’s physical, emotional, and psychological safety, security, and wellbeing (''DA'', s 16(2)). For all further factors please see '''[[Parenting Orders, Guardianship, and Contact (3:XI)#D. Parenting Time\|Section XI Part D: Parenting Time]]''', Factors in Awarding Parenting Time below or s 16(3) of the ''Divorce Act''.

	In addition to parenting time, courts can also make decisions regarding guardianship of minor children. Guardianship gives a parent or other person “a full and active” role in determining the course of a child’s life and upbringing (see e.g. ''[https://canlii.ca/t/23r7t Charlton v Charlton]'', [1980] BCJ No 22). There is considerable overlap between the two, but it is useful to note that while having parenting time usually includes having guardianship, the reverse is often not true. This distinction is impacted somewhat by the ''FLA'' as the term “Guardianship” subsumes all the rights and responsibilities of a parent.		In addition to parenting time, courts can also make decisions regarding guardianship of minor children. Guardianship gives a parent or other person “a full and active” role in determining the course of a child’s life and upbringing (see e.g. ''[https://canlii.ca/t/23r7t Charlton v Charlton]'', [1980] BCJ No 22). There is considerable overlap between the two, but it is useful to note that while having parenting time usually includes having guardianship, the reverse is often not true. This distinction is impacted somewhat by the ''FLA'' as the term “Guardianship” subsumes all the rights and responsibilities of a parent.

LSLAP: /* A. General */

2025-11-10T19:34:39Z

A. General

← Older revision		Revision as of 19:34, 10 November 2025
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	== A. General ==		== A. General ==

	Disputes over parenting time of minor children are often the most difficult issues to resolve during the breakdown of a marriage or other relationship. Parenting time decisions can always be changed; however, a material change of circumstances must be established. Thus, the decision about who gets interim parenting time is particularly important. Children usually stay with the parent who has provided primary care in the past and who can spend the most time with them. In most cases, courts will order a form of shared parenting time on an interim basis so that neither parent’s position is prejudiced. The best interest of the child is the '''only''' consideration in determining parenting time, contact, and parenting arrangements (''DA'', s 16(1)). The primary consideration in determining the child’s best interest will be given to the child’s physical, emotional, and psychological safety, security, and wellbeing (''DA'', s 16(2)). For all further factors please see '''[[Parenting Orders, Guardianship, and Contact (3:XI)#D. Parenting Time\|Section XI Part D: Parenting Time]]''' Factors in Awarding Parenting Time or s 16(3) of the ''Divorce Act''.		Disputes over parenting time of minor children are often the most difficult issues to resolve during the breakdown of a marriage or other relationship. Parenting time decisions can always be changed; however, a material change of circumstances must be established. Thus, the decision about who gets interim parenting time is particularly important. Children usually stay with the parent who has provided primary care in the past and who can spend the most time with them. In most cases, courts will order a form of shared parenting time on an interim basis so that neither parent’s position is prejudiced. The best interest of the child is the '''only''' consideration in determining parenting time, contact, and parenting arrangements (''DA'', s 16(1)). The primary consideration in determining the child’s best interest will be given to the child’s physical, emotional, and psychological safety, security, and wellbeing (''DA'', s 16(2)). For all further factors please see '''[[Parenting Orders, Guardianship, and Contact (3:XI)#D. Parenting Time\|Section XI Part D: Parenting Time]]''', Factors in Awarding Parenting Time or s 16(3) of the ''Divorce Act''.

	In addition to parenting time, courts can also make decisions regarding guardianship of minor children. Guardianship gives a parent or other person “a full and active” role in determining the course of a child’s life and upbringing (see e.g. ''[https://canlii.ca/t/23r7t Charlton v Charlton]'', [1980] BCJ No 22). There is considerable overlap between the two, but it is useful to note that while having parenting time usually includes having guardianship, the reverse is often not true. This distinction is impacted somewhat by the ''FLA'' as the term “Guardianship” subsumes all the rights and responsibilities of a parent.		In addition to parenting time, courts can also make decisions regarding guardianship of minor children. Guardianship gives a parent or other person “a full and active” role in determining the course of a child’s life and upbringing (see e.g. ''[https://canlii.ca/t/23r7t Charlton v Charlton]'', [1980] BCJ No 22). There is considerable overlap between the two, but it is useful to note that while having parenting time usually includes having guardianship, the reverse is often not true. This distinction is impacted somewhat by the ''FLA'' as the term “Guardianship” subsumes all the rights and responsibilities of a parent.

LSLAP: /* A. General */

2025-11-10T19:34:21Z

A. General

← Older revision		Revision as of 19:34, 10 November 2025
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	== A. General ==		== A. General ==

	Disputes over parenting time of minor children are often the most difficult issues to resolve during the breakdown of a marriage or other relationship. Parenting time decisions can always be changed; however, a material change of circumstances must be established. Thus, the decision about who gets interim parenting time is particularly important. Children usually stay with the parent who has provided primary care in the past and who can spend the most time with them. In most cases, courts will order a form of shared parenting time on an interim basis so that neither parent’s position is prejudiced. The best interest of the child is the '''only''' consideration in determining parenting time, contact, and parenting arrangements (''DA'', s 16(1)). The primary consideration in determining the child’s best interest will be given to the child’s physical, emotional, and psychological safety, security, and wellbeing (''DA'', s 16(2)). For all further factors please see XI~~(B)(c)(i~~) Factors in Awarding Parenting Time or s 16(3) of the ''Divorce Act''.		Disputes over parenting time of minor children are often the most difficult issues to resolve during the breakdown of a marriage or other relationship. Parenting time decisions can always be changed; however, a material change of circumstances must be established. Thus, the decision about who gets interim parenting time is particularly important. Children usually stay with the parent who has provided primary care in the past and who can spend the most time with them. In most cases, courts will order a form of shared parenting time on an interim basis so that neither parent’s position is prejudiced. The best interest of the child is the '''only''' consideration in determining parenting time, contact, and parenting arrangements (''DA'', s 16(1)). The primary consideration in determining the child’s best interest will be given to the child’s physical, emotional, and psychological safety, security, and wellbeing (''DA'', s 16(2)). For all further factors please see '''[[Parenting Orders, Guardianship, and Contact (3:XI)#D. Parenting Time\|Section XI Part D: Parenting Time]]''' Factors in Awarding Parenting Time or s 16(3) of the ''Divorce Act''.

	In addition to parenting time, courts can also make decisions regarding guardianship of minor children. Guardianship gives a parent or other person “a full and active” role in determining the course of a child’s life and upbringing (see e.g. ''[https://canlii.ca/t/23r7t Charlton v Charlton]'', [1980] BCJ No 22). There is considerable overlap between the two, but it is useful to note that while having parenting time usually includes having guardianship, the reverse is often not true. This distinction is impacted somewhat by the ''FLA'' as the term “Guardianship” subsumes all the rights and responsibilities of a parent.		In addition to parenting time, courts can also make decisions regarding guardianship of minor children. Guardianship gives a parent or other person “a full and active” role in determining the course of a child’s life and upbringing (see e.g. ''[https://canlii.ca/t/23r7t Charlton v Charlton]'', [1980] BCJ No 22). There is considerable overlap between the two, but it is useful to note that while having parenting time usually includes having guardianship, the reverse is often not true. This distinction is impacted somewhat by the ''FLA'' as the term “Guardianship” subsumes all the rights and responsibilities of a parent.

LSLAP at 16:49, 10 November 2025

2025-11-10T16:49:28Z

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	{{REVIEWED LSLAP \| date= ~~June 23~~, ~~2024~~}}		{{REVIEWED LSLAP \| date= November 8, 2025}}
	{{LSLAP Manual TOC\|expanded = family}}		{{LSLAP Manual TOC\|expanded = family}}

LSLAP at 16:43, 10 November 2025

2025-11-10T16:43:17Z

Show changes

LSLAP: /* F. Guardianship */

2025-11-10T16:40:13Z

F. Guardianship

← Older revision		Revision as of 16:40, 10 November 2025
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	Section 39 of the ''FLA'' also provides for three other scenarios under which a parent is presumed to be a guardian. A parent who has never resided with a child is not the child’s guardian unless:		Section 39 of the ''FLA'' also provides for three other scenarios under which a parent is presumed to be a guardian. A parent who has never resided with a child is not the child’s guardian unless:

	~~:1)~~ There is an agreement made under section 30 of the ''FLA'',		#There is an agreement made under section 30 of the ''FLA'',
	~~:2)~~ The parent and all the child’s guardians make an agreement providing that the parent is also a guardian, or		#The parent and all the child’s guardians make an agreement providing that the parent is also a guardian, or
	~~:3)~~ The parent regularly cares for the child.		#The parent regularly cares for the child.

	Additionally, a person does not become a child’s guardian by reason only of marriage or a marriage-like relationship.		Additionally, a person does not become a child’s guardian by reason only of marriage or a marriage-like relationship.