​

 

ACCESS

Historically the term “access” was used to describe the time that a parent without primary care of a child spent with the child. Although the terms "access” and “visitation rights” continue to be used, it is preferable to use the terms ‘parenting time’ and ‘parenting schedules’ in a Parenting Plan. The Divorce Act and the British Columbia Family Law Act use the term “contact time” to describe the time or right of a non-guardian of a child (like a grandparent) to spend time with the child.

 

SECTION 211 REPORTS

This report is the summation of a process in which a qualified professional (social worker, psychologist, or clinical counsellor) is appointed by the court to gather information and make recommendations about a parenting plan to the judge and the guardians that will promote the child’s best interests. The assessment is a professional evaluation of the best interests of the children. The assessor will speak with the children to find out their views and will likely observe the children interact with each of the Guardians, as well as interview Guardians. These are also known as “s. 211 reports,” as they are prepared pursuant to an order under s. 211 of the Family Law Act. The Guardians usually have to pay for these reports, though in some cases, a judge may order that the government provide a social worker (Family Justice Counsellor) to prepare a report, but there are lengthy delays for this service.

 

BEST INTERESTS OF THE CHILD

Where parenting arrangements are made under the Divorce Act or the British Columbia Family Law Act, they must be in the best interests of the child. This means an arrangement that will best encourage the child's development, happiness and success. There are many factors to consider in determining the child's best interests, such as: ● the age and stage of development of the child; ● any special needs of the child; ● the child's relationship with each parent; ● the child's relationship with siblings, grandparents and other extended family; ● care arrangements before the separation; ● the child's views and preferences; ● each parent's ability to care for the child; ● the ability of the guardians to cooperate and communicate about parenting issues; ● the willingness of each parent to support the child’s relationship with the other parent; ● the child's cultural, linguistic and religious upbringing, including indigenous heritage; and ● issues that may affect the child's safety and either guardian's parenting abilities such as family violence, substance abuse, or serious mental health issues. The definition of family violence has been expanded in the Divorce Act to explicitly include behaviour that constitutes a pattern of coercive control; and also includes financial abuse, threats to harm or kill animals, threats to damage property; and in the case of a child, indirect exposure to such conduct.

 

BLENDED FAMILY

A family with guardians who have children from different relationships, and may include a child of the current relationship. There will be step or half siblings in a blended family.

 

CHILD SUPPORT GUIDELINES

Child Support Guidelines are the regulations under the Divorce Act and the Family Law Act that apply when setting child support amounts that are to be paid from one parent to the other. The Guidelines consist of a set of rules and tables that must be followed by the courts when judges are setting the amount of child support.

 

COLLABORATIVE LAW

Guardians, their lawyers and potentially other professionals agree to work cooperatively to come to an agreement. During the collaborative process, guardians agree not to bring any court applications. There is an incentive to come to an agreement if the collaborative process does not result in an agreement as the collaborative lawyers cannot represent them in a court application, and Guardians would have to hire new lawyers.

 

CONTACT

A term used in the Divorce Act and Family Law Act to refer to a provision of a parenting plan or court order that allows a person who is not a parent, such as a grandparent, to have visits with a child or regularly communicate with the child.

​

CONSENT ORDER

This type of order means that both guardians agree on certain issues, and a judge will make an order based on the agreement.

 

CO-PARENTING RELATIONSHIP

the type of relationship between guardians who are separated or divorced where the guardians intend to jointly meet the needs of the child for whom they share responsibility. There are many types of co-parenting relationships and a range of ways in which parenting time and responsibilities are shared between guardians.

 

COURT ORDER

A decision by a judge that is written down. Guardians must follow what the court order says. Court orders can be changed by going back to the court and asking for a change, but only if there is a good reason or the guardians agree.

 

CUSTODY

The term historically used to describe the right of a parent to make all major decisions about the child and have the child primarily reside with that parent. This was also called “sole custody.” The concept evolved to include arrangements for joint custody, shared custody and split custody. Although some orders and agreements continue to use this term, present legislation uses more child-focused and nuanced concepts like parenting time and decision-making responsibility to describe the role of guardians.

 

PARENTAL DECISION-MAKING RESPONSIBILITY

This means the responsibility for making important decisions about their children’s well-being. This includes decisions about their children's: ● health care; ● education; ● culture, language, religion or spirituality; and ● significant extracurricular activities. Important decisions can be made in several different ways, including: ● Joint decision-making responsibility: The Guardians will consult each other and make the decisions together. ● Consultative decision-making responsibility: One guardian will be responsible for final decisions, but must consult the other before making a decision, and must inform the other parent of the decision. ● Sole decision-making responsibility: One guardian makes the decisions and informs the other.● Divided (parallel) decision-making responsibility: The guardians divide responsibility for decisions (for example, one parent will make decisions about health and religion, and the other parent is responsible for other decisions, for example, on education).

 

DOMESTIC VIOLENCE

This is a term to describe the physical, sexual, or emotional abuse of one spouse or intimate partner by the other. Other similar terms are intimate partner violence, spousal abuse, and wife abuse or battering.

 

GATEKEEPING

This refers to the behaviours and attitudes of a caregiver that either facilitates and supports a child’s relationship with the other guardian or restricts and limits the role of the other parent. While facilitative and supportive gatekeeping strategies are preferred for building healthy co-parenting and parent-child relationships, limiting the child’s contact with a parent due to concerns of abuse or neglect may be necessary to be a “protective gatekeeper.”

 

GUARDIAN

This is a term used in British Columbia’s Family Law Act to refer to a person who may exercise parenting time and have parental decision-making authority. In most cases, biological parents are guardians, though there are special situations where a father who was residing with the mother at birth may not be a guardian until his legal tie to the child is established, and same-sex partners of biological parents are generally guardians, and there are other persons who may become guardians.

 

HEAR THE CHILD REPORTS (HTC)

A report, usually prepared by a lawyer, psychologist, social worker, or a counsellor summarizing the results of two interviews with a child, with the child brought to each interview by a different parent. The child meets alone with the professional preparing the report. The report focuses on the child’s perspectives and preferences and does not include a recommendation about parenting time or decision-making. A Hear the Child Report may be prepared for court proceedings, or used in such family dispute resolution processes as mediation.

 

PARENTAL ALIENATING BEHAVIOURS

This  refers to a set of behaviours and strategies that are intended to denigrate, limit and/or interfere with the child’s relationship with the other parent or the extended family members. These behaviours and strategies may or may not result in parental alienation.

 

PARENTAL ALIENATION

A situation where a child’s resistance or refusal to have contact with a parent is considered to be based largely on the negative attitudes and behaviors of the favoured parent rather than based on the child’s actual experience with the rejected parent.

 

PARENTING PLAN

A  document that sets out how guardians will raise their children after separation or divorce. This includes arrangements about where the children will live, and who will be responsible for making major decisions about issues such as where the children will go to school, their religious education, their medical care, their after-school activities and so on.

 

PARENTING TIME

The time that a guardian, parent (or other person) spends with the care of a child under an agreement or court order. The person with parenting time has the responsibility for making day-to-day decisions related to caring for the child, such as related to feeding and discipline, while the child is in their care. Parenting time is usually divided between the guardians based on a parenting schedule.

 

PRIMARY DECISION-MAKING RESPONSIBILITY

This is when one guardian makes the major decisions about matters such as the child's education, religion, and health care. Generally, the child will live primarily with this person.

 

PRIMARY RESIDENTIAL PARENT

If the child spends a substantial majority of time with one parent or guardian, that person may be referred to as the primary residential parent. The other parent or guardian may still have shared parental decision-making responsibility.

RESIDENT PARENT

When children are with Parent A, that parent may be referred to as the “resident parent”, and when they are with the other parent, that parent will be referred to as the “resident parent”. The use of this term is common in certain clauses in a Parenting Plan.

 

RESIST/REFUSAL DYNAMIC

A child’s resistance to one parent is not necessarily due to parental alienation. It may be a result of the conduct of that parent or other factors, including a high level of conflict between the guardians.

 

SEPARATION AGREEMENT

A document that reflects an agreement between separated or divorcing guardians about the legal issues that face them, including division of property and support, and usually parenting.  A parenting plan may be incorporated into a separation agreement, be attached to it, or be a separate document.

 

SHARED DECISION-MAKING

This was called ‘joint custody’. This is when guardians have shared legal responsibility for the child and make major decisions about the child together.

 

SHARED PARENTING TIME

Formerly called ‘shared custody’, this is when a child lives at least 40% of the time with each parent.

 

SOLE CUSTODY

A term that was used pre-March 2021, when one parent had the right to make the major decisions about matters such as the child's education, religion, and health care; the child would primarily reside with that parent.

 

 

​