British Columbia
Children and Parenting in BC Divorce
14 min read
Updated
Guardianship in BC
Under BC's Family Law Act, both parents are automatically guardians if they lived together after the child's birth. If the parents never lived together after the child was born, only the birth parent is a guardian — the other parent must apply. Guardians have parenting time (time with the child) and parental responsibilities (decision-making authority about health, education, religion, and extracurricular activities).
Child Support
Child support in BC is calculated using the Federal Child Support Guidelines with the BC Table. The payor's gross income determines the base Table amount. Special expenses (childcare, medical, extracurricular) are shared proportionally between parents based on income. In shared parenting arrangements (each parent has the child at least 40% of the time), the set-off calculation applies.
Parenting After Separation Program
BC strongly encourages parents to attend the free Parenting After Separation program, available online and in-person throughout the province. While not mandatory (unlike Alberta), the course provides valuable information about reducing the impact of separation on children and communicating with co-parents.
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Key Facts: British Columbia
Filing Fee
$210 (Notice of Family Claim) + $80 (Desk Order Divorce)
Waiting Period
1 year separation (no exceptions)
Common-Law Threshold
2 years cohabitation = full property division rights identical to married spouses
Property Division
Equal division of family property with excluded property regime
Child Support
Federal Child Support Guidelines + BC Table
These facts provide a general overview. Your specific situation may have unique considerations.
