<p>The responsibilities guardians have for the children in their care, including decisions about daily care, education, religious upbringing, extracurricular activities, etc. After separation or divorce, guardians can share parental responsibilities in whatever way that's in the child's best interests, as decided by agreement or court order.</p>
<p>When a child's parents live together, both parents are the child's guardians (have guardianship). When the parents separate, both parents continue to be guardians unless they agree to change this or a court orders a change. A court can give guardianship of a child to a non-parent. Guardians are responsible for making all decisions about their child, including about daily care and supervision, education, health care, cultural or religious upbringing, and where the child will live.</p>
guardianship, parental responsibilities, parenting time, contact with a child, custody and access.
data-html="true" data-trigger="click"
title="Custody<br>
<p>Under the Divorce Act, where and with whom a child lives, and the guardian's rights and responsibilities for the child. Under the BC Child, Family and Community Service Act, custody is similar.</p>
<b>NOTE:</b> Just because you have children does not mean you have to select this option. Only select if you want a Judge to make an order about these items.
Guardians are responsible for the care and upbringing of, and decision making about, their child.
There are two parts to guardianship: parental responsibilities and parenting time.
</p>
<p><strong>What happens when we separate?</strong></p>
<p>
If you and the other parent have lived together with your children, both of you continue to
be guardians after you separate. You'll need to figure out how you you'll care for and make
decisions about your children. That is, how will you divide or share parenting
responsibilities and parenting time?
A separation agreement is a document that sets out how you and your spouse have agreed to deal with matters like parenting support and property after you separate (Provincial family law calls it an agreement).
</p>
<p>
Even though parents share these responsibilities when they're living together, the law does
not assume that any particular arrangement is in the children's best interests after you
split up. The law specifically says that courts can't assume that equal sharing of parenting
time or equal allocation of parental responsibilities are in the children's best interests.
It is up to you whether you want to select this option and have the parenting and support terms you and your spouse have in your separation agreement to also be included in a formal Court Order. It is important to know that if you wish to file your separation agreement, the parts of the agreement that deal with parenting and support can be enforced as if they were in a court order. More information on how to file your agreement can be found on the Family Law website. A tool to help you create a separation agreement can be found on the My Law BC website.
</p>
<p>
More information on <ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/guardianship.php"target="_blank">
Guardianship: Parenting time and parental responsibilities </a>
can be found on the Family Law in B.C. website
You will be asked about whether you have a separation agreement later in the application.