Parenting Agreements in BC: What Divorcing Parents Need to Know
Separation and divorce can be emotionally draining—especially when children are involved. While it’s not always easy to set emotions aside, creating a parenting agreement is one of the most important steps you can take to support your children’s well-being.
In British Columbia, parenting agreements help establish clear guidelines for how separated or divorced parents will share responsibilities and decision-making. Whether the split is amicable or high-conflict, a detailed and legally sound agreement can help reduce confusion and minimize disputes down the line.
This blog will walk you through what parenting agreements are, what should be included, how BC law applies, and how to create one that works for your family.
What Is a Parenting Agreement?
A parenting agreement is a written document that outlines how parents will raise their children after a separation or divorce. It includes practical arrangements—like where the children will live and how much time they’ll spend with each parent—as well as broader parenting decisions, such as healthcare, schooling, and religious upbringing.
Parenting agreements can be made privately between parents, with the help of a mediator or lawyer, or ordered by the court when parents can’t agree.
In British Columbia, the Family Law Act encourages parents to resolve these matters outside of court whenever possible. A well-crafted agreement can make that easier.
Key Elements of a Parenting Agreement
Every family is different, but most parenting agreements in BC include the following:
1. Parenting Time (formerly “custody” and “access”)
This section details the schedule of when each parent will spend time with the children. It may include:
- Weekly or bi-weekly schedules
- Holidays and school breaks
- Birthdays and special occasions
- Procedures for making changes to the schedule
2. Parental Responsibilities
This defines who will make decisions about things like:
- Education and extracurricular activities
- Medical and dental care
- Religious or spiritual upbringing
- Day-to-day routines and discipline
Some parents choose to share these responsibilities equally. Others agree that one parent will take the lead in certain areas.
3. Communication Between Parents
Successful co-parenting relies on clear communication. Your agreement can set expectations for how and when you’ll communicate:
- Phone calls, texts, or emails
- Regular check-ins or parenting meetings
- Sharing important updates (e.g., health or school concerns)
4. Communication with the Children
It’s helpful to include how children will stay in contact with each parent when apart. For example, will video calls be encouraged during the other parent’s time?
5. Travel and Relocation
If one parent plans to move, especially out of town or out of province, the agreement should clarify:
- Notice requirements
- Approval process
- How the parenting time will be modified
6. Dispute Resolution Process
Disagreements are bound to come up. A strong parenting agreement outlines how you’ll resolve them:
- Mediation
- Counselling
- Legal arbitration
Including this step can help prevent a return to court.
Do Parenting Agreements Have to Be Legally Binding?
Not all parenting agreements are immediately enforceable under the law. If parents create their own agreement, they can either:
- Keep it informal, relying on mutual trust (not recommended), or
- Make it legally binding by filing it with the court
To make an agreement enforceable, you can apply for a Consent Order from the BC Provincial Court or Supreme Court. This step provides legal protection if the other parent doesn’t follow through.
A family lawyer can help ensure the agreement meets all legal requirements and reflects your child’s best interests.
How Do Courts View Parenting Agreements?
In BC, the law puts the best interests of the child at the centre of every parenting decision. When reviewing a parenting agreement, a judge will consider:
- The child’s physical, emotional, and psychological needs
- Stability and continuity in the child’s life
- The strength of each parent-child relationship
- Any history of family violence or neglect
- The child’s views (depending on their age and maturity)
If your agreement is fair, child-focused, and respectful of both parents’ roles, courts are likely to support it. But if it raises concerns, a judge may modify it to better serve the child’s needs.
Tips for Building a Successful Parenting Agreement
No parenting plan is perfect, but a well-thought-out agreement can make daily life easier for everyone. Here are some practical tips:
- Be specific but flexible: Clearly outline schedules and responsibilities, but allow room for reasonable changes.
- Focus on the kids: Keep their well-being and routines at the core of every decision.
- Use respectful language: The tone of the agreement sets the stage for co-parenting dynamics.
- Plan for the future: Anticipate changes in your child’s needs as they grow, such as school transitions or extracurricular involvement.
- Consider mediation: If you can’t agree, a neutral third party can help you find common ground.
When to Involve a Lawyer
Even if you’re on good terms with your ex, it’s wise to consult a family lawyer. Legal advice can help you:
- Understand your rights and obligations
- Draft a parenting agreement that reflects BC law
- Avoid language that’s vague or open to interpretation
- Ensure enforceability by filing through the court
If there are signs of conflict, power imbalance, or past abuse, legal guidance is especially important.
At Pathfinder Law, our experienced family lawyers work with you to create a parenting plan that’s fair, practical, and focused on your child’s best interests.
Final Thoughts
Creating a parenting agreement isn’t just a legal task—it’s an emotional one. The decisions you make now can shape your child’s life for years to come. Take the time to get it right, and don’t be afraid to ask for help along the way.
If you’re navigating divorce or separation and need help developing a parenting plan that works, contact Pathfinder Law today. Our Abbotsford family lawyers are here to guide you through the process with care and clarity.