Changing an Existing Parenting Order in BC: When and How

The term “custody” is no longer used in British Columbia. Parents either create a parenting plan, which is an agreement that sets out how they’ll share parenting responsibilities for their child, or the family law courts issue parenting orders. 

A parenting order typically sets out:

• Parenting time—the schedule of when the child is in each parent’s care;
• Decision-making responsibility—who has the authority to make significant decisions about the child’s health, education, religion, and other important matters; and
• Other terms, where needed—such as communication between parents, contact with other important people in the child’s life, or specific conditions (e.g., supervised time).

Orders can be changed under either BC provincial law, which applies to all parents (married, common-law, or never living together) or federal law, which applies specifically to married spouses who are divorcing or divorced. In some cases, both may be relevant. A family lawyer can let you know which applies to your situation. 

You must follow the original order unless you successfully apply to change it. To do so, you need to show a material change in circumstances that affects the child’s best interests. 

What Is a “Material Change in Circumstances”?

A material change in circumstances is:

• A development significant enough to affect your child’s needs,
• An unanticipated event that occurred since the original parenting order, or
• Something that impacts your child’s best interests.

Common examples of material changes include:

• A parent relocating to another city, province, or country;
• Major changes to a parent’s work schedule;
• A child’s changing educational, developmental, or medical needs;
• Concerns over the child’s safety or well-being (due to family violence, neglect, substance abuse, etc.); and
• A parent failing to follow the current order or meet the child’s needs.

Minor or temporary changes don’t usually qualify for a change of order, and the court generally rejects the request. Your family lawyer can advise you whether your change of circumstances is “material” enough to meet the threshold and, if so, how to prove it to the court.

What Is the “Child’s Best Interests” Standard?

The guiding principle for all family law decisions affecting children in British Columbia is the “best interests of the child” standard.

In other words, judges base decisions on what’s best for the stability, development, and well-being of the child, not what best suits the parents. The judge will consider each parent’s ability to meet the child’s needs when deciding whether to grant the custody change.