Are you looking for family law guardianship lawyers in BC? Clients are often confused about guardianship, custody, and parenting time.

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Depending on which legislation is applicable, different terms are used when it comes to parenting arrangements.

The federal Divorce Act and the provincial Family Law Act use different terminology regarding parenting arrangements. The Divorce Act only applies to married people, while the Family Law Act applies to common-law spouses and married couples.

The Divorce Act uses the terms custody and access. Custody usually refers to the parent who has primary residency of the children and has the children in their care most of the time. In contrast, access refers to the time the other parent has with the children. If one parent has sole custody, the other parent has access.

The term custody relates to possession of property. Legislatures are moving away from the idea of children as property. The federal government introduced legislation to amend the Divorce Act to use the terms “parenting order” and “parenting time” instead of “custody” and “custody order.”

Large Guardianship Disputes In BC

Several cases have made headlines in recent years, three of which stand out. These cases highlight the importance of prioritizing the best interests of vulnerable individuals and ensuring their safety and well-being.

One of BC’s most notable guardianship lawsuits was the Baby M case. This custody dispute involved a baby girl born addicted to drugs, whose biological mother was a drug addict who had lost custody of her other children.

The case ultimately granted guardianship to a foster family, highlighting the importance of placing children in safe and stable environments.

Best interests of the child

Another significant case was the Karimova case, involving a custody battle over a young girl whose father had a history of violence and abuse.

The court ultimately granted guardianship to the mother, who had moved to Canada from Uzbekistan, highlighting the importance of considering the best interests of the child in custody disputes, even when international borders are involved.

The Metzner case involved a guardianship dispute over an elderly woman named Maria Metzner. She had been living in unsanitary conditions and not receiving adequate care.

The court ultimately granted guardianship to Metzner’s granddaughter, highlighting the importance of ensuring that elderly individuals receive appropriate care and that guardians act in their best interests.

Indigenous Child Welfare Act

These cases demonstrate the need for a legal system prioritizing the safety and well-being of vulnerable individuals, including children and the elderly.

According to statistics from the BC government, there were over 7,500 children in care in 2020, and the majority of them were Indigenous.

The government has committed to addressing this issue through initiatives such as the Indigenous Child Welfare Act, which prioritizes keeping Indigenous children in their communities and with their families.

According to a report by the Office of the Seniors Advocate, there were over 4,900 reported cases of elder abuse in BC in 2020, with financial abuse being the most common form. The report calls for greater support for seniors and their families and increased awareness of the signs of elder abuse.

Guardianship lawsuits can significantly impact families and the legal system in BC. These cases demonstrate the importance of prioritizing the best interests of vulnerable individuals, including children and the elderly, and ensuring their safety and well-being.

The government has taken steps to address these issues, but much work remains to ensure that all individuals are protected and cared for.

Guardianship and parental responsibilities

The BC Family Law Act does not use the terms custody or access but rather guardianship, parenting time, parental responsibilities, and contact time.

Guardianship refers to a person, usually a parent, who can exercise parenting time and parental responsibilities.

Parents are generally guardians of their children. If two parents lived together after the child’s birth and before separation, the parents are automatically guardians. A parent who has never lived with the other parent but regularly cares for the child is also a guardian.

A parent who has never lived with the other parent and has not regularly cared for the child is not a guardian and would need to apply to be appointed guardian.

A person who is not a parent can apply to become a guardian, but that person must establish that it is in the child’s best interest that they be appointed a guardian (and undergo background checks).

Top BC Guardianship Lawyers for Your Family

Only guardians can exercise parenting time and parental responsibilities.

A person without a guardian can apply for contact time with a child. That includes parents who are not guardians and extended family members.

Parenting time refers to the time a guardian has with the child, and parental responsibilities refer to the decision-making authority that a guardian can exercise on behalf of the child.

The courts and lawyers tend to prefer to use the updated language in court orders and written agreements dealing with children.

How do I get guardianship in BC?

Guardianship is a legal status granted to individuals with the authority to make decisions for a child under 19 years of age in British Columbia. The path to guardianship in BC is varied, with different routes available depending on the particular circumstances of the individual seeking guardianship.

One option is to apply through the court system. This involves submitting the relevant court documents, paying the fee, and attending a hearing where the judge will evaluate the potential guardian’s suitability for the role.

Several factors will be considered, such as the potential guardian’s ability to care for the child, the relationship between the child and the prospective guardian, and the child’s best interests.

Individuals may be able to reach an agreement with the child’s parents to transfer guardianship. This method can be less costly and time-consuming than going through the court system.

However, to avoid potential issues, it is crucial to ensure that the agreement is formalized legally through a lawyer or a notary public.

Family Care with BC’s Best Guardianship Lawyers

Individuals can also apply to become foster parents if the child is already in the Ministry of Children and Family Development’s care. The approval process involves demonstrating the ability to care for the child in question, and if approved, the individual will be granted guardianship while the child is in their care.

If an individual is married to the child’s parent, they may be eligible for legal guardianship through stepparent adoption. This process involves applying through the court system and obtaining consent from the child’s other parent or a court order.

It is essential to recognize that guardianship is a significant responsibility that requires careful consideration before pursuing it. Individuals should consult with a lawyer or family law mediator to assess their options and understand the potential implications of becoming guardians.

How can you get guardianship of a child without going to court?

Guardianship of a child in Canada can be obtained without resorting to a court process. Several options exist for individuals seeking guardianship that do not require the court’s involvement.

One possibility is to agree with the child’s parents to transfer guardianship. This option can be less costly and quicker than going through the court system, and you can formalize the agreement through a lawyer or notary public.

Another option is kinship care, available when the child is in the Ministry of Children and Family Development’s care. Kinship care provides financial assistance to relatives or close family friends caring for a child who cannot live with their parents. However, consent from the child’s parents is required.

Private guardianship order

A private guardianship order is also available, but only in some Canadian provinces, such as British Columbia and Alberta. This type of guardianship does not require court involvement and involves a legal agreement between a child’s parents and the proposed guardian.

It is important to note that guardianship is a significant undertaking that requires careful consideration before being pursued. Potential guardians should seek legal advice from a lawyer or family law mediator to understand this role’s implications.

What is the difference between custody and guardianship in BC?

Custody and guardianship are two distinct legal concepts regarding a child’s care and decision-making authority in British Columbia. As you can see, it’s complex, and that’s why guardianship lawyers in BC can help you.

Custody grants the legal authority to make decisions about a child’s daily care, such as where they live, go to school, and receive medical treatment. It also involves the responsibility for the child’s physical and emotional well-being.

According to the Ministry of Attorney General in BC, in custody disputes, the court considers the child’s best interests and whether joint custody or sole custody is more appropriate.

On the other hand, guardianship refers to the legal authority that makes long-term decisions about a child’s upbringing, including decisions about education, religion, and major medical treatment.

It also gives an individual the ability to consent to a child’s adoption, change of name, or leaving the country. According to the Family Law Act in BC, guardianship can be granted to a parent, a non-parent (such as a grandparent), or multiple individuals.

Share guardianship with another individual

Custody and guardianship are not interchangeable. A parent can have sole custody of a child but share guardianship with another individual or vice versa. It is important to note that custody can be temporary, whereas guardianship is typically a long-term responsibility until the child turns 19.

According to the 2016 Census, there were 691,225 families with children under 18 in BC. Understanding the differences between custody and guardianship is critical to ensuring that the child’s best interests are met and that the appropriate legal agreements are in place.

We hope you found this guide on guardianship lawyers in BC helpful.