What You Need to Know After Separation | FMCFamily Mediation Center
Parenting Plans in British Columbia: What You Need to Know After Separation
What do I need to know about parenting plan ?
Are parenting plans and child support related?
No — parenting time and child support are separate legal issues. A parent cannot be denied parenting time because they have not paid child support. Likewise, a parent usually must still pay child support even if they do not have parenting time.
What Is a Parenting Plan?
In British Columbia, a parenting plan is a written agreement outlining how parents will raise their children after separation or divorce. It details parenting time, decision-making responsibilities, and other arrangements focused on the best interests of the child.
While a parenting plan is not legally required, having a written plan is highly recommended to avoid future conflict and misunderstandings.
Key Elements of a Parenting Plan
- Best Interests of the Child: This is the guiding principle for all parenting arrangements.
- Parenting Time: Specifies how and when the child will spend time with each parent.
- Decision-Making Responsibility: Clarifies which parent is responsible for making major decisions (e.g., education, healthcare).
- Flexibility: Plans can be adjusted as the child’s needs change.
- Court Filing: A written parenting agreement can be filed with the court. Once filed, it can be enforced like a court order.
- Child’s Views: As children grow older, their views may be considered, although they do not make the final decision.
Parenting Agreements & Contact
You can make a parenting agreement that addresses:
- Arrangements between guardians,
- Contact between the child and a non-guardian
Such agreements must be in the best interests of the child. If not, the court has the authority to set them aside and issue an appropriate order.
Note: Agreements can only be made at or after separation — children’s needs evolve, and it’s impossible to predict suitable arrangements beforehand.
Also, all guardians with parental responsibilities must agree to any contact between the child and a non-guardian.
Legal Enforcement
If a written agreement is filed with the court registry, it is treated the same as a court order and is enforceable through the court system.
Final Advice
It is crucial to consult a mediator, to ensure your parenting plan reflects your circumstances — and more importantly, your child’s well-being.
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