Is 50/50 Parenting the Default in BC?

Ask around after a separation and you will often hear that parents in BC “get 50/50”. It is an understandable assumption, and equal time does suit many families. But it is not where the law starts.

Neither BC's Family Law Act nor the federal Divorce Act presumes any particular split of parenting time. Every arrangement is measured against one question: what is in this child's best interests? This guide explains what that means when you are negotiating a schedule.

The short answer: no arrangement is the default

BC's Family Law Act makes the best interests of the child the only consideration when parents, or a court, decide parenting arrangements (section 37). Section 40, which deals with how parenting time and parental responsibilities are allocated, adds a deliberate safeguard. As the Ministry's notes on the Act explain, there is no presumption in favour of equal parenting time or equal parental responsibilities.

The reverse is also true. The Act does not assume a child should live mainly with one parent; the same notes say there is no presumption about which type of parenting arrangement suits a particular child. The Province's own guidance says parents may decide that children will live mostly with one parent, spend equal time with each, or anything in between. Equal time can be agreed or ordered where it suits the child. It just has to be justified by the child's circumstances rather than assumed. For how guardianship, parental responsibilities and parenting time fit together, see our guide to guardianship and parenting time in BC.

What the Divorce Act says for married parents

If you are married and getting a divorce, the federal Divorce Act's parenting provisions can also apply, although the Province notes you can still use the Family Law Act to settle parenting arrangements. The Divorce Act starts in the same place: the court considers only the best interests of the child (section 16(1)), giving primary consideration to the child's physical, emotional and psychological safety, security and well-being (section 16(2)).

Section 16(6) is sometimes read as a 50/50 rule. It says that in allocating parenting time, the court “shall give effect to the principle that a child should have as much time with each spouse as is consistent with the best interests of the child.” That supports meaningful time with both parents, but it is limited by the child's best interests. It does not say “equal”, and for many children the time that fits their interests will not be an even split.

What actually shapes the schedule

Because there is no default, the outcome turns on evidence about your child. The Province lists factors in the best interests test that include the child's emotional health and well-being, the child's views (unless it would be inappropriate to consider them), the child's relationships with parents, guardians and other important people, the history of care, and the impact of any family violence.

Practical questions matter too when you are building a schedule that has to work week after week:

• Distance. How far apart are the two homes, and how far is each from school and activities?
• Age and stage. A toddler, a ten-year-old and a teenager usually need different rhythms.
• Work and availability. Who can realistically cover school runs, sick days and evenings?
• Communication. Schedules with frequent handovers ask more of both parents' ability to cooperate.

Where there has been family violence

The Family Law Act sets out how family violence is to be assessed in parenting decisions (section 38), and the Divorce Act lists its own factors for the court to consider (section 16(4)). The Ministry's notes explain that the Act aims to avoid a one-size-fits-all approach in these cases. Safety comes first, and an arrangement that depends on frequent contact between parents may not be appropriate.

Common shared schedules: illustrations, not rules

If you agree that roughly equal time suits your child, there are several ways to build it. These are common patterns, not legal categories, and the law does not prefer any of them:

• Week-on, week-off. The child alternates full weeks between homes. Fewer handovers, but a long stretch away from each parent, which some younger children find hard.
• 2-2-3. Two days with one parent, two with the other, then three with the first, switching each week. Frequent contact with both homes, but more handovers.
• 2-2-5-5. Each parent has the same two weekdays every week and weekends alternate, creating five-day blocks. Predictable for school routines.
• Unequal but substantial. For example, alternating weekends plus one or two midweek overnights. This can suit families where distance, work or a child's needs make equal time impractical.

Whatever the pattern, the detail is what prevents disputes later: handover times and places, holidays and school breaks, travel, and how the schedule will be reviewed as your child grows.

How shared time can affect child support

Child support in BC is calculated using the Federal Child Support Guidelines. Section 9 of the Guidelines applies a different approach where each parent exercises not less than 40% of parenting time with a child over the course of a year. In that case, the amount is determined by taking into account the table amounts for each parent, the increased costs of shared parenting time, and the conditions, means, needs and other circumstances of each parent and of the child.

That is not a simple formula, because all three factors are weighed. As an illustration, 40% of a 365-day year is 146 days, so a schedule close to that line is worth counting carefully, and how the time is measured can itself become a point of disagreement.

One caution: parenting time is decided on the child's best interests, so build the schedule around your child rather than around the support calculation.

Putting the arrangement in writing

Parents can set parenting time by written agreement or ask the court to decide. Whatever you agree, record it clearly in a written agreement or a consent order, and use BC's terms (guardianship, parental responsibilities, parenting time) rather than “custody”. Build in a way to review the schedule as your child's needs change, and get independent legal advice before you sign. If you are at the very start of a separation, our first-steps checklist for separating in BC covers what to organise first.

Negotiating a parenting schedule? Get advice before you agree to a split

Our family lawyers can help you assess a proposed schedule against the factors in the best interests test, explain how it may affect child support, and put the arrangement into a clear agreement or consent order.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.