Joint Custody, Shared Custody & 50/50 in BC: What Courts Actually Order
Joint Custody, Shared Custody & 50/50 in BC: What the Law Actually Says
Parents going through separation in BC often ask for "50/50 custody" or "joint custody" — but those terms don't exist in BC law anymore. Understanding what courts actually order (and don't order) prevents you from walking into a mediation session or courtroom with the wrong expectations.
BC Law Doesn't Use "Custody"
The Family Law Act replaced "custody" with three separate concepts: guardianship (the legal status), parental responsibilities (decision-making authority), and parenting time (the physical schedule). There's no single label like "joint custody" that bundles everything together.
What most parents mean by "joint custody" maps to two distinct arrangements under the FLA:
Joint guardianship with shared parental responsibilities — both parents remain guardians and share authority over major decisions (education, healthcare, religious upbringing). This is the default for parents who lived together with the child.
Equal parenting time — the child spends approximately the same number of overnights with each parent (50/50 split). This is not automatic and must be agreed to or ordered.
You can have joint guardianship without equal time. A parent with 30% of parenting time still has full guardian status and shared decision-making. The schedule and the decision-making authority are separate questions.
There's No Presumption of 50/50
BC courts don't start from the assumption that equal time is best. Section 37 of the FLA requires arrangements based solely on the child's best interests — and that means looking at each family's specific circumstances.
Factors that support equal time include both parents having strong caregiving histories, living close together, the child being school-aged with established routines, and both parents demonstrating the ability to cooperate on scheduling and communication.
Factors that work against it include significant conflict between parents, geographic distance, one parent's work schedule making consistent caregiving impractical, a very young child who needs a primary attachment figure, and any history of family violence.
What "Sole Custody" Looks Like Now
Under the old language, "sole custody" meant one parent made all decisions and the child lived primarily with them. Under the FLA, the equivalent would be:
- One parent having primary parenting time (the child lives mainly with them)
- That parent having sole parental responsibilities (they make all major decisions)
- The other parent having contact or limited parenting time
Courts rarely strip guardianship entirely. Even when one parent has primary time and most decision-making authority, the other parent typically retains some parenting time and the right to be informed about major decisions affecting the child.
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The 40% Financial Threshold
The parenting time split has direct financial consequences. Under Section 9 of the Federal Child Support Guidelines, if each parent has at least 40% of parenting time (146 overnights), child support is calculated using the set-off method — each parent's table obligation is calculated based on their income, and the higher earner pays the difference.
Below 40%, the standard table amount applies in full. This threshold creates a sharp financial cliff: the difference between 39% and 40% parenting time can mean hundreds of dollars per month in child support. Courts are alert to parents who pursue specific schedules primarily for financial reasons rather than the child's benefit.
Building a Realistic Plan
Rather than starting with "I want 50/50," start with your child's actual needs: school schedule, extracurricular commitments, each parent's work availability, and the child's developmental stage. A well-designed plan built around the child's routine is more likely to be accepted by a mediator or judge than one built around a percentage target.
The British Columbia Custody & Parenting Plan Guide includes schedule comparison worksheets and an overnight calculator that helps you build a plan around your child's actual life — not an abstract time split.
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