Parenting arrangements — legally, parenting time and decision-making responsibility — are decided based on the best interests of the child, a legal test covering the child’s health and emotional well-being, relationships with each parent, need for stability, and each parent’s ability to meet the child’s needs.
How BC and Federal Law Apply
Married parents going through a divorce have their parenting time and decision-making responsibility governed by the federal Divorce Act. BC’s Family Law Act governs guardianship, parenting arrangements, and parental responsibilities for all parents in the province, married or not. In both cases, the child’s best interests are the only consideration the court will weigh — no arrangement, including a 50/50 split, is presumed to be correct.
What the Best-Interests Test Considers
Under section 37 of BC’s Family Law Act (and its federal counterpart under the Divorce Act), courts and parents negotiating an agreement must consider:
- The child’s physical, psychological, and emotional safety and well-being
- The child’s views, where appropriate to consider them
- The nature and strength of the child’s relationships with each parent and other significant people
- The history of the child’s care
- The child’s need for stability, given their age and stage of development
- Each parent’s ability to exercise their parenting responsibilities
- Any history of family violence affecting the child’s safety or security
No single factor outweighs the others by default — the weight given to each depends on your family’s specific circumstances.
Our Approach
Where many firms default to a template schedule, we don’t. Our approach starts with transparent communication between both parents before we draft anything, because an arrangement built on genuine understanding holds up better than one built on legal minimums alone. We negotiate parenting time and decision-making responsibility, in full compliance with BC and federal law, into a plan both parents can actually live with — not just sign.
The Gap Emerald Simple Divorce Fills
Many parenting arrangements are drafted around a standard schedule first, with the relationship between the parents addressed later, if at all — which can produce a plan that’s legally sound but practically fragile. Emerald Simple Divorce starts from the opposite direction: building the communication and understanding between parents first, so the resulting plan is one both parents helped shape and are more likely to follow.
What’s Unique About Emerald Simple Divorce
- Communication before drafting — we don’t start from a template; we start from a conversation between both parents.
- Plans built to be followed, not just signed — durability matters as much as legal compliance.
- Full compliance with BC and federal law — your agreement holds up whether it touches guardianship, parenting time, or decision-making responsibility.