Questions about guardianship can arise when parents separate, when a parent hasn’t lived with their child, or when a grandparent, stepparent, relative or other caregiver has taken on an important role in a child’s life.
You may be wondering whether you’re legally considered a guardian, what responsibilities come with guardianship, how someone can become a guardian, or what happens when people disagree about a child’s care.
At Pathfinder Law, our family lawyers help clients understand child guardianship under British Columbia’s Family Law Act and consider practical options based on their circumstances. We serve families in Abbotsford, Langley, Chilliwack, throughout the Fraser Valley and across BC.
In British Columbia, guardianship is a legal status that affects who can exercise parental responsibilities and have parenting time with a child.
Parental responsibilities can include decisions about the child’s day-to-day care, where they live, education, health care, activities, cultural or religious upbringing, travel and other important aspects of their development.
If there is more than one guardian, those responsibilities don’t necessarily have to be divided equally. Guardians can make agreements about how responsibilities will be exercised, or a court can make parenting arrangement orders where necessary.
There is also no automatic presumption that guardians must have equal parenting time. Parenting arrangements must be based on the child’s best interests.
Guardianship, parenting time and contact are related, but they have different meanings.
Parenting time is the time a child spends with a guardian. Contact generally refers to time or interaction with a child by someone who isn’t a guardian.
This distinction can be important for grandparents, stepparents and other caregivers who have a meaningful relationship with a child but don’t currently have guardianship status.
If your main concern involves parenting schedules or decision-making between existing guardians, our Child Custody, Access and Parenting Time Disputes services may also be relevant.
The process depends on the person’s existing relationship with the child.
A parent who isn’t already a guardian may be able to become one through an agreement with all of the child’s existing guardians in certain circumstances. Where an agreement isn’t possible or appropriate, a court application may be required.
A grandparent, stepparent, relative or other non-parent doesn’t automatically become a guardian simply because they care for the child. A non-parent will generally need to apply to court to be appointed as a guardian.
The court’s decision must focus on the best interests of the child.
Parents who live together with their child are generally guardians. If they later separate, they generally remain guardians unless an agreement or court order provides otherwise.
The situation can be different where a parent has never lived with the child.
Under the Family Law Act, a parent who has never resided with their child isn’t automatically a guardian unless an exception applies. For example, that parent may still be a guardian if they regularly care for the child or if all existing guardians agree that the parent will also be a guardian.
This means being a parent and being a guardian aren’t always the same thing under BC family law.
If you’re unsure about your status, we can help you understand whether you’re already a guardian or whether further steps may be required.
The child’s best interests are the central consideration when a BC court makes a guardianship decision.
Depending on the circumstances, the court may consider the child’s health and emotional well-being, their relationships with parents and other important people, the history of their care, their need for stability, their views where appropriate, and the proposed guardian’s ability to exercise parental responsibilities.
Family violence and safety concerns must also be considered where they’re relevant.
For a child aged 12 or older, the Family Law Act generally requires the child’s written approval before a non-parent can be appointed as guardian, unless the court determines that the appointment is nevertheless in the child’s best interests.
Guardianship applications can also involve specific court forms, supporting evidence and required background or record checks.
Yes. A court can terminate a person’s guardianship in appropriate circumstances.
However, ending guardianship isn’t the same as changing parenting time or reallocating parental responsibilities. In some cases, the issue may be better addressed by changing the existing parenting arrangements rather than terminating guardianship altogether.
If someone is seeking to terminate your guardianship, or you’re considering an application involving another guardian, legal advice can help clarify which type of order may address the concern.
Guardianship can also be an important part of planning for a child’s future.
Under BC law, a guardian can appoint another person to become the child’s guardian following the appointing guardian’s death through a properly prepared will or another form permitted by the Family Law Act.
These situations can become more complicated where there are other existing guardians or where a surviving parent isn’t currently a guardian.
Parents considering future guardianship arrangements may also want to address the issue as part of their broader Wills, Estates and Probate planning.
Our family lawyers can provide guidance on matters involving:
Guardianship often overlaps with other Family Law issues, including parenting arrangements, child support and relocation. Looking at these issues together can help clarify what legal options may be appropriate.
Legal guidance can be particularly helpful if you’re unsure whether you’re already a guardian, you’re a parent who has never lived with your child, or you’re a grandparent, stepparent or other caregiver seeking guardianship.
It may also make sense to speak with a family lawyer if another person is applying to become a guardian, existing guardians disagree about the proposed arrangement, family violence or safety concerns are involved, or someone is seeking to terminate guardianship.
Getting advice early can also help determine whether guardianship is actually the legal issue that needs to be addressed, or whether parenting arrangements, contact or another family law process may be more appropriate.
Guardianship matters can affect important decisions about a child’s care, stability and future. Our role is to help you understand where you stand, what legal issues need to be addressed and what options are available.
We can assist with reviewing guardianship status, preparing or responding to guardianship applications, addressing parental responsibilities and parenting time, and helping clients navigate disputes where an agreement can’t be reached.
Where court involvement is required, our family lawyers can provide prepared, strategic representation through the appropriate process.
Our approach is focused on clear guidance, careful preparation and practical solutions that reflect the circumstances of each family.
Guardianship is a legal status under BC's Family Law Act. A guardian can have parenting time and exercise parental responsibilities relating to a child's care and upbringing.
Not exactly. Although "custody" is still commonly used, BC's Family Law Act generally uses terms such as guardianship, parental responsibilities, parenting time and contact.
Parents who live together with their child are generally guardians. A parent who has never lived with their child isn't automatically a guardian unless an exception under the Family Law Act applies.
Potentially. A grandparent can apply to court to be appointed as a child's guardian. The court must decide whether the appointment is in the child's best interests.
No. A stepparent doesn't automatically become a guardian because they marry or live in a marriage-like relationship with one of the child's parents or guardians.
No. Guardianship doesn't automatically create equal parenting time or equal parental responsibilities. Parenting arrangements must be based on the child's best interests.
Yes. A BC court can terminate guardianship in appropriate circumstances. However, changing guardianship is different from changing parenting time or parental responsibilities.
Pathfinder Law provides family law services to clients in Abbotsford, Langley, Chilliwack, throughout the Fraser Valley and across British Columbia.
Whether you’re trying to determine whether you’re already a guardian, seeking guardianship, responding to an application or dealing with a dispute involving a child’s care, we’re here to help you understand your options and next steps.
Services are also available in Punjabi and Hindi.
Contact Pathfinder Law to book a complimentary 20-minute consultation.
Disclaimer: This page provides general information only and does not constitute legal advice. Every situation is unique. For guidance about your specific circumstances, contact Pathfinder Law for a complimentary consultation.