How to create a fair and effective shared parenting schedule in British Columbia after Divorce?

A parenting plan is crucial to outline how parents will care for and make important decisions about their children after separation or divorce. It ensures that both parents are involved in raising their children, even if they are not living together. The plan should prioritize the best interests of the children and can include various arrangements such as;

• Sharing parenting time;

• Decision making, and

• Communication

To create a parenting plan, you can use resources like the Department of Justice Canada’s “Making Plans” guide and the parenting plan tool, which help you develop personalized arrangements that benefit your children. These tools provide guidance on crafting a plan that suits your family’s needs and promotes a stable environment for your children.

What is a Parenting time Schedule?

A parenting time schedule helps parents who are no longer together keep track of when the child will be in their care. A schedule should cover where the child will be daily, as well as during vacations and special occasions.

In British Columbia, parents can either agree on a schedule or have one determined by a judge. A structured schedule is recommended to prevent confusion and potential disputes.

Co-Parenting: Balancing your needs with your child

Co-parenting involves making sacrifices to ensure your child’s needs are met, even when it means spending less time with them than you would like. Here are some key points to consider:

1. Recognizing the benefits of your child spending time with both parents - It’s essential to recognize that your child benefits from spending time with both parents. While it may feel challenging, spending time apart from your child can actually strengthen their sense of security and emotional development. Your role as a parent isn't limited to the amount of time you spend with them; it’s about providing love, support, and guidance, even if that means not being physically present every day.

   
   

2. Balancing the time spent with each parent - It’s natural to want to be there for every significant event in your child’s life. However, shared parenting involves finding a balance between the time spent with each parent. Some moments may seem huge to you, but it’s the consistent, everyday presence of both parents that fosters a child’s sense of stability and well-being. Your child’s emotional health is supported not just by milestones but by the ongoing love and support from both parents.

   
   

3. Emotional Adjustment - It can be emotionally difficult to accept not having daily access to your child, especially if you were previously used to living with them full-time. The adjustment can lead to feelings of sadness, frustration, or guilt. However, it’s important to recognize that these emotions are normal. Finding ways to manage your feelings - through support from friends, family, or therapy - will allow you to be more present and engaged during the time you do spend with your child.

   
   

4. Effective Communication - Smooth transitions between homes and consistent decision-making are vital to a successful co-parenting arrangement. Open, honest communication with the other parent helps create a cooperative environment that benefits the child. Regular check-ins and discussions about the child’s needs, changes in routines, or important events can help prevent misunderstandings and ensure both parents are on the same page.

By considering these factors and keeping your child’s best interests at the forefront, you can navigate the complexities of co-parenting. A well-thought-out approach helps create a healthy environment where both parents remain actively involved in their child’s life, fostering a sense of security and stability for the child as they grow

How do you create a shared Parenting Schedule in BC after divorce?

Establishing a shared parenting schedule in British Columbia involves several steps, especially if you and the other parent cannot agree on a schedule. Here is how you can proceed:

1. Mutual Agreement

Whenever possible, parents should work together to develop a schedule that prioritizes the best interests of the child. The factors such as the child’s age, developmental needs, and any special circumstances should be taken into account.

2. Seeking assistance from a neutral third party

If direct discussions prove challenging, engaging a neutral third party, such as a family counselor, may be beneficial. A Parenting coordinator, mediator, or family lawyer can assist in negotiating an arrangement that works for both parties.

3. Legal Assistance from a family lawyer

If an agreement cannot be reached, seeking legal counsel from an experienced BC child custody lawyer is advisable.

A lawyer can initiate proceedings seeking a fixed parenting schedule in the Provincial or Supreme Court of BC, depending on the complexity of the case.

Customizing the Schedule

The schedule should reflect the child’s needs, including their age, attachment of each parent, and any special requirements. Parents should be prepared to adjust the schedule as the child’s circumstances evolve over time.

By following these steps and utilizing professional guidance when necessary, parents can establish a structured and effective shared parenting schedule that serves the best interests of the child while safeguarding parental rights.

Why is planned shared parenting good for children?

Shared parenting is often encouraged in British Columbia because it helps children grow in a healthy and happy environment.

Here is why:

1. Stronger Bonds with Both Parents

2. Better physical and Mental Health

3. Improved social and emotional skills

   
   

   

   
   

When Shared Parenting does Not Work?

While shared parenting is usually beneficial, there are situations where it may not be the best choice.

• If one parent has a history of abuse or neglect, or if there are threats to the child’s emotional or physical well-being, alternative custody arrangements may be necessary to ensure the child’s safety.

• If one parent is unable to provide a stable and safe environment, full custody with the other parent might be a better option.

  
  

In such cases, the child’s best interest should always come first, and the court may decide on alternative parenting arrangements to ensure their safety and well-being.

What are the common shared Parenting Time Schedules

Courts in BC aim to give each parent the maximum parenting time that is appropriate. If both parents are capable and provide a safe environment, they generally share parenting time, meaning the child spends at least 40% of the year with each parent. Some common schedules include;

• 2-2-5-5 Schedule 

The child spends two days with one parent, two days with the other, followed by five days with the first parent, then five days with the second.

• 3-4-4-3 Schedule

The child spends three days with one parent, four with the other, then alternates to four and three the following week.

• 4-3 Schedule

The child spends four days with one parent and three days with the other

• Alternating Weeks Schedule 

The child spends one full week with one parent and then switches to the other

Other Schedules for Limited Parenting Time

If one parent has less than 40% parenting time, other schedule options include;

• Alternating Weekends Schedule

The child stays with one parent on alternating weekends. A weekday visit may be added for more contact.

• 5-2 Schedule

The child spends five days with one parent and two with the other

Holidays and vacation Schedules 

Parents should consider holiday and vacation schedules separately from regular schedules. Option include;

• Splitting Holidays 

Parents alternate holidays in odd and even-numbered years.

• Full Summer Breaks

If one parent has less time during the school year, they may receive extended summer vacation time.

• Custom Celebrations

One parent may have the child on the holiday itself, while the other celebrates on a different day.

• Vacation Allowance

Parents may set annual vacation periods where they have uninterrupted parenting time.

What are Parental Responsibilities?

Parental responsibilities refer to the rights and duties of a child’s guardians to make important decisions on their behalf, including education, religion, and medical care. This means parents decide which school the child will attend, the religious practices they will follow, and their necessary medical treatments.

When both parents share guardianship, they typically have equal decision-making authority. However, they can customize this arrangement based on what works best for them. Some parents may choose to share all major decisions equally, while others might divide responsibilities - for example, one parent handling education and the other managing extracurricular activities.

To ensure clarity and avoid conflicts, it is important to be specific about how decisions will be made. Open and consistent communication between both parents helps keep everyone informed and involved. By establishing clear guidelines, parents can create a stable and supportive environment for their child.

How can you resolve Parenting Schedule Disputes with the Best Family Lawyers?

Parenting time disputes can be complex, particularly when parents are unable to reach an agreement on their own. As a family litigation-focused law firm, we provide strategic legal representation to help clients navigate these disputes effectively through court proceedings and other legal avenues.

While many parents successfully establish and maintain shared parenting schedules without outside intervention, conflicts can still arise. Even with the best intentions, maintaining consistency in a parenting plan can become challenging.

Under the Family Law Act and the Divorce Act, parents are legally required to prioritize the child’s best interests when making decisions about parenting time.

If disagreements occur over an existing or proposed parenting arrangement, seeking guidance from a custody and divorce lawyer, mediator, or family counselor can help facilitate a resolution. However, when negotiation and mediation fail, pursuing legal action may be necessary to protect your parental rights and ensure a fair arrangement.

Our experienced family law litigators offer the best family law services and can assist by filing applications for interim parenting time or modifications to existing parenting orders, advocating for you in court to achieve the best possible outcome for your child.

Understanding Your Rights and Responsibilities in Shared Parenting Time in BC

If you are involved in a custody dispute, securing legal representation is crucial to protecting your parental rights. A skilled child custody lawyer can help negotiate and structure a shared parenting agreement that aligns with your child’s best interests.

At Legalbird, our child custody and divorce lawyers have extensive experience assisting clients across British Columbia in navigating complex custody matters.

Schedule a consultation with a parenting plan lawyer today to explore your legal options and develop a plan tailored to your situation.