Does BC still use the word 'custody'?

Not in the BC Family Law Act. Since 2013 BC uses 'parenting time' and 'parental responsibilities' instead. Federally, the Divorce Act was updated in 2021 to use 'parenting time' and 'decision-making responsibility.' Most parents still say 'custody' — courts understand the meaning.

What is 'full custody' in BC?

In practice it means (a) all parenting time with one parent (with the other having supervised or no contact), or (b) that parent holding all parental responsibilities — school, medical, religion — even if the other parent still has some time.

What does a court look for?

Only one thing: the best interests of the child under s. 37 of the Family Law Act. Relevant factors include the child's needs and safety, the history of care, family violence, and each parent's ability to meet the child's needs and to cooperate on decisions.

Is family violence enough?

Family violence is a specific, weighted factor under ss. 37 and 38. A finding of family violence — including coercive controlling behaviour — often leads to reduced or supervised parenting time for the offending parent, and to one parent holding decision-making alone.

Guide · Custody · British Columbia

How to get full custody of a child in BC.

A realistic overview of what 'full custody' means in British Columbia, what a parent has to prove, and the steps through Provincial or Supreme Court.

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What 'full custody' actually means in BC

BC family law abolished the word "custody" in 2013. The Family Law Act now uses parenting time (when the child is with each parent) and parental responsibilities (who makes decisions about school, health, culture, and religion). "Full custody" in everyday language usually means one parent has all the parenting time, all the responsibilities, or both.

The only test that matters: best interests

Section 37 of the Family Law Act lists the best-interests factors, and s. 37(2) says the court must consider all of them. The child's safety and well-being are the paramount considerations. There is no presumption in favour of either parent, and no automatic preference for the mother.

Where family violence is present

Where family violence — including coercive controlling behaviour under s. 1 of the Act — is proven, the court weighs the additional factors in s. 38. That includes whether the violence is directed at the child or others, the pattern, and each party's history of care. A finding of family violence commonly produces supervised parenting time and sole decision-making for the safer parent.

Section 211 reports

Contested parenting files often turn on a s. 211 report — a court-ordered assessment by a family justice counsellor, social worker, or psychologist who interviews the parents, the child, and collateral witnesses. These reports are influential and are often the pivot on which contested files settle.

Provincial vs. Supreme Court

Provincial Court is faster and less formal, and handles parenting, guardianship, and support. Supreme Court is required for divorce and property, and has broader remedies. The choice depends on what else your file needs to resolve.

The realistic timeline

Interim protection orders and urgent conduct orders can be obtained in days. A final parenting order after a contested trial typically takes 12–24 months. Most cases settle before trial once financial disclosure, a s. 211 report, and a judicial case conference or family case conference are complete.

Common questions

Frequently asked.

Does BC still use the word 'custody'?: Not in the BC Family Law Act. Since 2013 BC uses 'parenting time' and 'parental responsibilities' instead. Federally, the Divorce Act was updated in 2021 to use 'parenting time' and 'decision-making responsibility.' Most parents still say 'custody' — courts understand the meaning.
What is 'full custody' in BC?: In practice it means (a) all parenting time with one parent (with the other having supervised or no contact), or (b) that parent holding all parental responsibilities — school, medical, religion — even if the other parent still has some time.
What does a court look for?: Only one thing: the best interests of the child under s. 37 of the Family Law Act. Relevant factors include the child's needs and safety, the history of care, family violence, and each parent's ability to meet the child's needs and to cooperate on decisions.
Is family violence enough?: Family violence is a specific, weighted factor under ss. 37 and 38. A finding of family violence — including coercive controlling behaviour — often leads to reduced or supervised parenting time for the offending parent, and to one parent holding decision-making alone.
How long does it take?: A protection order can be obtained on short notice. A final parenting order after a contested trial typically takes 12–24 months. Most files settle before trial once evidence and reports (including a s. 211 report) are in.

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