Vancouver BC Child Custody Best Interests Lawyers deal with critically important disputes involving, BC child custody, BC child guardianship, BC parenting time and BC child contact and access. Our multiple award winning Vancouver BC Child Custody Best Interests Lawyers operate out of 5 offices across BC conveniently located in downtown Vancouver, Surrey, Kelowna, Fort St John Dawson Creek and Richmond as well as in Calgary Alberta.
Lorne N. MacLean, QC was winning counsel in Canada’s leading child custody case that focused on making decisions that are in the best interest of the child in Young v Young which also established the principle of maximum contact that is to be applied in a child focused fashion. Mr. MacLean has also established a number of precedents for shared parenting time over the past decades. In H. (O.T.) v. H. (S.L.),Rogers J. held that just because a child has had his primary residence with one parent for a period of time, the court is not precluded from making another arrangement that is in the child’s best interest. Rogers J. held that simply because the mother had been the primary caregiver and the father had been the primary breadwinner did not disentitle the father to rights of custody and Rogers J. made an order of shared custody.
Vancouver BC Child Custody Best Interests Lawyers Explain The Test To Be Applied
So what does a BC Judge have to look at to decide custody and parenting time applications? The sole test in BC is a child focused one based on the child’s best interests not on either parent’s best interests. This test applies on interim applications, at trial and on variation applications including relocation cases. Our BC Family Law Act lists a number of factors that may apply to you case as follows:
Best interests of child
37 (1) In making an agreement or order under this Part respecting guardianship, parenting arrangements or contact with a child, the parties and the court must consider the best interests of the child only.
(2) To determine what is in the best interests of a child, all of the child’s needs and circumstances must be considered, including the following:
(a) the child’s health and emotional well-being;
(b) the child’s views, unless it would be inappropriate to consider them;
(c) the nature and strength of the relationships between the child and significant persons in the child’s life;
(d) the history of the child’s care;
(e) the child’s need for stability, given the child’s age and stage of development;
(f) the ability of each person who is a guardian or seeks guardianship of the child, or who has or seeks parental responsibilities, parenting time or contact with the child, to exercise his or her responsibilities;
(g) the impact of any family violence on the child’s safety, security or well-being, whether the family violence is directed toward the child or another family member;
(h) whether the actions of a person responsible for family violence indicate that the person may be impaired in his or her ability to care for the child and meet the child’s needs;
(i) the appropriateness of an arrangement that would require the child’s guardians to cooperate on issues affecting the child, including whether requiring cooperation would increase any risks to the safety, security or well-being of the child or other family members;
(j) any civil or criminal proceeding relevant to the child’s safety, security or well-being.
(3) An agreement or order is not in the best interests of a child unless it protects, to the greatest extent possible, the child’s physical, psychological and emotional safety, security and well-being.
(4) In making an order under this Part, a court may consider a person’s conduct only if it substantially affects a factor set out in subsection (2), and only to the extent that it affects that factor
Vancouver BC Child Custody Best Interests Lawyers Types Of Child Custody
The BC LSS website provides this snapshot of the types of custody and parenting arrenagements:
There are different types of custody more often called parenting arrangements now as a way to reduce conflict
- Sole custody — One parent has the legal responsibility for caring for and making all decisions about a child. The child lives primarily with that parent
- Joint custody — Both parents share the rights and responsibilities for their children. The children can live with both parents or mostly with one parent, and both parents make decisions about the children. A form of joint custody is shared custody, where each parent is responsible for the child or children for at least 40 percent of the time.
- Split custody — There are at least two children, and one or more of them live with one parent, and one or more of the other children live with the other parent (that is, the children are split up).
Meet with one of our top rated* Vancouver BC Child Custody Best Interests Lawyers to have your questions answered and to have someone help you create a child focused plan that meets their best interests.
