Custody vs Parenting Time in BC: The Terminology That Actually Matters
Custody vs Parenting Time in BC: What the New Terminology Actually Means
If you're searching for "child custody" in British Columbia, you've already hit the first obstacle — BC law hasn't used that word in over a decade. The Family Law Act replaced "custody" and "access" with a completely different vocabulary, and the federal Divorce Act followed suit in March 2021.
This isn't just semantic. Using the wrong terms in your separation agreement or court application signals to a judge (or mediator, or Family Justice Counsellor) that you haven't engaged with the actual legal framework. Here's the translation.
The Old Terms vs the New
| What People Say | FLA Term (Provincial) | Divorce Act Term (Federal) | What It Actually Means |
|---|---|---|---|
| Legal custody | Guardianship + Parental Responsibilities | Decision-Making Responsibility | Authority to make major long-term decisions about the child's health, education, religion, and welfare |
| Physical custody | Parenting Time | Parenting Time | The actual schedule — which days and overnights the child spends with each parent |
| Access / Visitation | Contact | Contact | Time spent with a non-guardian (grandparent, step-parent, non-guardian parent) — no decision-making power |
Guardianship: The Foundation
Under the FLA, "guardianship" is the legal status that gives you the right to make decisions for your child and have the child in your care. If you and the other parent lived together with the child at any point, you're both automatically guardians — and you remain joint guardians after separation unless a court order or written agreement says otherwise.
If a parent never lived with the child, they don't automatically have guardianship. They'd need to apply to court or reach an agreement with the existing guardian.
Parental Responsibilities vs Decision-Making Responsibility
Under the FLA, "parental responsibilities" (Section 41) cover the authority to make significant decisions about education, healthcare, religious upbringing, extracurricular activities, and other major aspects of the child's life. These responsibilities can be shared equally between guardians, or divided so each parent handles specific areas.
The federal Divorce Act uses "decision-making responsibility" for the same concept. The difference in label doesn't change the substance — both statutes are talking about who gets to make the big decisions.
In practice, most agreements either share all decision-making equally (both parents must agree on major decisions) or divide it by category (one parent handles medical decisions, the other handles education, etc.).
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Parenting Time: The Schedule
"Parenting time" replaces both "physical custody" and "access." It's simply the time the child spends with each guardian. During their parenting time, that parent has day-to-day authority — they make routine decisions about meals, bedtime, homework, and minor health issues without needing the other parent's approval.
The parenting time schedule is where the 40% threshold matters for child support. If each parent has at least 40% of parenting time (146 overnights per year), child support is calculated using the set-off method rather than the standard table amount.
Why the Terminology Change Happened
The shift was intentional. "Custody" implies ownership — someone "wins" custody, someone "loses." The new framework reframes separation around the child's needs rather than parental rights. "Parenting time" and "parental responsibilities" acknowledge that both parents continue to be parents after separation, even if the schedule isn't equal.
Whether the language change actually reduces conflict is debatable. But practically, your court documents, mediation proposals, and separation agreement need to use the correct terms — and understanding what each term means helps you build a stronger parenting plan.
The British Columbia Custody & Parenting Plan Guide is built entirely around the FLA's current terminology, with a reference chart and fillable worksheets that map common questions to the correct legal concepts.
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