Child Custody Agreements in BC

Sole custody versus joint, or shared custody

The spouse who has “custody” of the child in a child custody agreement is typically associated with the parent the child lives with, and who provides the day to day care for them. It is common for parents to have joint custody, which generally means that the two spouses have equal care of the children, sharing all responsibilities. However, this may or may not mean the child spends equal amounts of time living with each parent.

In joint custody it is important that the “primary residence” be established in the agreement. In some situations parents are able to truly split custody with the child or children 50/50. Splitting custody in this way is often not practical with younger children.

When one parent has sole custody in a child custody agreement it is clear where they will reside, so there is no need for a primary residence to be established. In this case, one parent keeps the child or children living with them at all times.

Access to the child

“Access to the child” refers to the amount of time the child or children will spend with the parent who does not have sole custody or primary residence. This needs to be carefully structured, taking into account the needs of the child, both physically and psychologically. For this reason, access must be carefully negotiated and many details need to be revealed and discussed in a divorce settlement.

Guardianship of the child

“Guardianship” refers to being in charge of all legal decision-making with regards to the child. These decisions typically concern education, medical care, and anything else deemed important.

As with child custody, child guardianship can be held solely by one parent or jointly by both. In the case of joint custody, both parents are expected to confer and reach a consensus in the best interest of the child.

If you have questions or concerns about ensuring a fair child custody agreement in BC or any other family law issue, please click here to request a free consultation with Marlisa Martin, a family lawyer in Victoria.