Vancouver Family & Divorce Lawyers | Henderson Heinrichs LLP

Who gets custody of the children in a common law separation?

Written by: HHLaw (View All Posts ) Published: November 10, 2022
Categorized: .

Parenting arrangements between common law partners is no different from married partners.  “Custody,” now referred to as parenting time in British Columbia, is based on the best interests of the children, taking into consideration the child’s physical, psychological and emotional safety, security and well-being.

Some factors which determine what is in their best interests are:

  • the child’s health and emotional well-being;
  • the child’s views, unless it would be inappropriate to consider them;
  • the nature and strength of the relationships between the child and significant persons in the child’s life;
  • the history of the child’s care;
  • the child’s need for stability, given the child’s age and stage of development;
  • the ability of each person who is a guardian or seeks guardianship of the child, or who has or seeks parental responsibilities, parenting time or contact with the child, to exercise his or her responsibilities;
  • the impact of any family violence on the child’s safety, security or well-being, whether the family violence is directed toward the child or another family member;
  • whether the actions of a person responsible for family violence indicate that the person may be impaired in his or her ability to care for the child and meet the child’s needs;
  • the appropriateness of an arrangement that would require the child’s guardians to cooperate on issues affecting the child, including whether requiring cooperation would increase any risks to the safety, security or well-being of the child or other family members;
  • any civil or criminal proceeding relevant to the child’s safety, security or well-being.
Vancouver Family & Divorce Lawyers | Henderson Heinrichs LLP