Is it true that the courts are biased in favour of women when it comes to custody disputes?

The answer to this question depends on who you talk to. Some people are of the view that the courts prefer to leave children with their mothers; others are of the view that the courts have changed with the times and that custody will be awarded to whomever was the primary caregiver of the children during the relationship. In the author's view, the courts have, by and large, changed with the times and custody will be given to the parent who is more fit and able to look after the children where joint custody or shared custody is not an option.

I've just separated from my wife. I'm concerned because she has a problem with alcohol and it was me who left our home, and left the children with her. Will this stop me from having custody?

Not necessarily. The courts do prefer to allow the children to remain in a familiar and stable setting, whether the application is on an interim or final basis. Even if your ex was the children's primary caregiver during the relationship, you still may be able to get a custody Order if you can show that her drinking problem impacts on her ability to care for the children and therefore on your children's best interests.

General Custody Issues

I have heard a rumor that there are changes coming to the Canada Divorce Act. Is this true? (by L of Coquitlam, BC)

Is there a difference between joint custody and split custody where child support is concerned when two children are involved and one child is living with each parent? (by G of Delta, BC)

2 years ago I allowed my daughter (now 17) to live with her father. The court order states that she lives with me and the order was never changed. I believe that my daughter is not doing well in her present enviroment. What do I do? (by L of Maple Ridge, BC)

I had the paternal father of my 10 year old daughter declared unacknowledged on her birth certificate at time of birth. How do I go about getting sole custody of her? I do not know where her paternal father could possibly be. (by T of Courtenay, BC)

Can a biological father demand joint custody of a child conceived after only 'one night' of union when the he and the mother (me) never had a 'relationship' except a brief sexual one? (by S of Victoria, BC)

I have recently seperated from my husband and have started a new relationship. My ex found out about this new relationship is saying that he can take my children from me, refuse me sposal support and whatnot on the basis that he believes I had an affair during the marriage, is this true? (by J of Red Deer, AB)

How can I deal with custody issues when I know my husband has alcoholism? Does this come into play when assessing his ability as a parent? (by J of Kamloops, BC)

Who will get the custody of a newborn baby the mother or father? We are not together anymore and my baby is due in three months. (by K of Surrey, BC)

The father and myself never lived together or had a "relationship," and our daughter has always lived with me while he got visitation that we agreed on. There is no court order for access, there is one for support. Who has custody? Who has guardianship? (by S of Kamloops, BC)

My wife has moved out. We have one kid together and one from her previous relationship. I take it I have custody since she left? I do not have the means to keep her kid and she or her parents will not take him. I feel for the kid but there's just no way I can handle him. Things will get better fast but again there's no way I can take him for the next six months. (by J of Roberts Creek, BC)

Does the father actually have any rights? When HE terminated the relationship, and I found out after the fact that I am expecting? (by D of London, ON)

"Section 15" Reports

Your site is helpful but I need more info, specifically on a Section 15 report! (by S of Cyberspace, BC)

My husband's ex-wife has and still continues to use parental alienation to diminish my husband from his children's life. Each time we have filed for defined reasonable access we get accused of things we do not do. We have been served with court papers again! What are chances if we were to fight for full custody? We intend to ask the court to do a review. (by T of Cyberspace, BC)

Who has legal access to Section 15 report psychometrics? (by K of Richmond, BC)

We have been advised to apply for a Section 15 psych evaluation in Provincial Court. We have also applied to transfer our files to Supreme Court to eventually proceed to trial. Do we apply for the section 15 in Provincial or Supreme Court and how is it applied for? (by K of Cyberspace, BC)

I am going through the provincial courts and I was wondering if there is some procedure that has to be done to request one of these Section 15 reports. Does the Judge himself have to request for one or can I ask him to have one done? How do you get one? (by M of Burnaby, BC)

Mobility Issues

I am a single mother in british columbia. I met a man and want to get married, and move to the USA. Does the father of my children have the right to refuse my request to move the kids to the USA? Where do I get the paperwork done if he says he will give up his parental rights? Once the papers are signed, does that mean I am free to take the kids to the USA? (by T of Victoria, BC)

I have sole custody of my child. The father has custody of two other children from a previous marriage. Can I move back to Alberta where I am from, and where all of my family is? (by G of Vancouver, BC)

In our agreement it states that I have to give 1 months notice if I want to move from the lower mainland with the kids. I am choosing to move to the interior, about 3 hours away. Can he stop me from moving? (by N of Pitt Meadows, BC)

My two young grandchildren, ages two and a half and five and a half, have lived with me for just over two years. Nine months ago my daughter and her ex-husband voluntarily granted me custody of the children. Now she wants to move to Saskatchewan with the children. Can she just take them and go? (by L of Nanaimo, BC)

My ex-husband and I have joint custody of our daughter. She lives with me, and he has reasonable access. I will be finishing school within four months and I want to move. My ex says he will fight to keep me in this town. (by K of Cranbrook, BC)

I have joint custody of my 2 children and I am wanting to move to Alberta. I do have a job and a partner in Alberta and I am wondering if there will be a problem with my ex-husband wanting the kids to stay in BC? (by L of Nanaimo, BC)

My ex-wife has custody of my children. I was not informed of this move until 2 months after. What are the rules regarding her entering the US? (by D of Cache Creek, BC)

My child is in 50-50 living arrangement. I'd like to send her to a school close to where I live next school year. My ex and I have both moved away from her current school boundary last month. What would the court be looking at if we could not agree on a school? Would the court look at a change of our daughter's living arrangement when she changes school, say, that she lives with me for 5 days a week and goes to her dad for the weekend? (by L of Vancouver, BC)

I'm currently living in BC with my newborn daughter. The father lives in Montreal. Now he wants her in his life. I said I would move there rent a place so he can have access to her. I'm worried there is some law that if something doesn't go well and I want to return to BC he can stop me or take the baby from me. (by L of Surrey, BC)

My husband has an interim Order giving him custody of our daughter. I am joint guardian with him. What rights does this give me?

The rights you have as a guardian will depend on the way your Order is worded. In generally, you should expect to be consulted on major issues involving your daughter, such as where she goes to school, what religion she practices, and whether her teeth need to be fixed. You also have the right to get information from the people involved in your daughter's life, like teachers and doctors. In addition, you have the obligation to try your best to reach an agreement with your husband when an issue develops, such as poor performance in school or what sort of medical treatment your daughter should receive. Be wary though, as depending on the Order your husband might have the final say if you and he cannot agree, and your only option will be to take the matter to court if you disagree with his decision.

In the event of my death I would like my parents to raise my daughter. However, her father wants her. How can I ensure that my parents will get guardianship? (by T of Norfolk, VA)

I have a daughter who is almost 8. Her father has had almost nothing to do with her for her whole life. He has suddenly decided after all these years he wants to be a part of her life and is going to take me to court for joint guardianship. Can he do this? (by E of Kamloops, BC)

I have sole custody of my infant daughter and plan to share guardianship with her father. We were never married. In the event of my death, does he assume custody because he shares guardianship, or can i appoint my parents as caretakers? Also, is he even entitled to guardianship? (by J of Vancouver, BC)

Is my son's stepfather (my husband) considered his legal guardian? What rights does he have to make decisions regarding my son in my absence? (by J of Vancouver, BC)

I have a nine year old daughter. Her biological father stepped out of her life when she was one and has never seen her since. My husband of five years and I would like to make a Will arranging her guardianship should anything ever happen to us. Would we have to go through the courts or would him signing a legal document waiving rights be enough? (by H of Coquitlam, BC)

My sister has 2 children who have not been adopted by my brother in law. If she puts in her will that she would like the girls to live with someone, could her husband or dispute that? Who is it best to give guardianship to? (by S of Surrey, BC)

The father and myself never lived together or had a "relationship," and our daughter has always lived with me while he got visitation that we agreed on. There is no court order for access, there is one for support. Who has custody? Who has guardianship? (by S of Kamloops, BC)

My ex has sole custody. We have joint guardianship. The agreement says that we share guardianship on the Master Joyce Model. Does that mean I have only the Master Joyce rights or that I have all rights as a guardian as well as those rights? (by J of Duncan, BC)

I have been in a relationship for the past 2 1/2 years with a woman whom has two children. We have moved from [city] to [city] and the boys are attending a new school. Recently there's been some issues with the teacher and principal regarding our children. The principal stated that I had no rights to come on school ground and talk to the teacher. What are my rights as a step-parent? (by F of Richmond, BC)

My kid's bio-father was never acknowledged on the Birth Certificate and has never even met our kid. I have a new partner and we were planning to have him adopt; however, we couldn't believe the cost of a formal adoption. If he had guardianship would that be enough for him to get custody of my kid in the event of my death? (by A of Vancouver, BC)

My husband's first wife is deceased. I am now step-parenting one minor child from their marriage. Do I have any guardianship/custody by default, or do I have to obtain legal guardianship? (by D of Cyberspace, BC)

I have been a full-time parent to my partner's child for 10 years. We are about to marry. He and the child's mother were never married, and we all have a very good relationship. I would like to formalize my relationship with my step-son by becoming his legal guardian. Right now I have all the contact with his teacher, and act as his guardian, but it seems that I have no legal rights. Is it possible to obtain guardianship while his parents are both alive and involved in his life? They would both support this. (by L of Shawnigan Lake, BC)

My wife is denying my access. Can I stop paying support until she lets me see them?

No, absolutely not. Firstly, just because your wife is doing something improper doesn't mean it's okay for you to act in a similar manner. Secondly, child support is paid for the benefit of your child or children, not for for your wife's benefit. Thirdly, if you cut off support, the only people who are being harmed are your children, not your wife. What you should do is make an application to court to enforce your access rights; however, be warned that the court will not look kindly on your access problem if you withhold your support payments. See the chapter "Other Family Issues > Enforcing Orders" for more information.

The father of my step-daughter's children has fought and won access to the children. There are concerns about his drug use and the company he keeps and the court granted him supervises access. Can I apply to cut off his access completely? (by D of Maple Ridge, BC)

My 6 yr old son's father is taking me to court for one week on one week off access. For all of his six years, I have had sole custody and he's seen him every 2nd weekend and on holidays. My son tells me that he wants things to stay the way that they are. Does the father have to have a good reason to change the current access order? (by C of Langley, BC)

The father of my 17 year old daughter is very verbally abusive to me and goes out of his way to cause problems for me and my family. My daughter will occasionaly talk to him on the phone but really does not want too much to do with him. Do I have to make my daughter see him or phone him? (by L of Cyberspace, BC)

I would like my son to have access to his father. I was wondering if there are or have been any cases where a father was ordered to have visitation with his child? (by C of North Vancouver, BC)

My separation agreement states that my ex-husband can have access to our daughter 2 days a week. He calls me and tell me that he will pick her up that day, or calls and tells me that he will take her the next day. There is no schedule or consistency for when she sees him. How can I change this? (by L of Vancouver, BC)

Does the biological father of my daughter have any rights after a 6-year absence? (by T of Qualicum, BC)

Do I have the right to tell my ex when and how many times to phone a day or week and at what time as the phone calls now are disruptive and too frequent. They are at bedtime and in the morning while we're are getting ready for school. (by D of Nanaimo, BC)

The father of my child wants access and I need to know how much access he can have a newborn baby while I am nursing. I am suggesting two hours at a time as a newborn and he wants up to six hours at a time. What are my rights and what are his? (by A of Chilliwack, BC)

My ex-girlfriend took away my visitation rights with my son because I was on vacation on the weekend of my visit, the only visit I missed. How can she do that when I had a court order? She sent me a letter saying she was moving to another province. This was 3 months after her taking away my visitation rights. What can I do and what rights do I have? (by M of Oak Bay, NB)

My ex mother in law says that I have to give my ex wife our daughter this Sunday for Mothers Day because the law says so. I was wondering if this is true or not? I only see my daughter 2 days a week and Sunday is one of them. (by J of Nanaimo, BC)

In our order of divorce it says that my ex can have reasonable access to our son as long as he hasn't used non prescription drugs or alcohol within 24 hours of seeing him. The last time he had access to my son, I found out he had been smoking crack the night before and only had 2 hours of sleep. What should I do legally? (by T of Abbotsford, BC)

My ex lives in Vancouver and sees his kids about 4 or 5 times per year. Every summer I try to work out a plan for him to see our son in the summer. He will only ever see him for 1 week in the summer because he says he's not willing to make camp arrangements for the other week and that he is too busy with his own affairs. Is there a way of making him have to commit to seeing his son more often? Our son wants to see him badly. (by C of Vernon, BC)

Is a parent legally entitled to access to the child on specific days (such as Father's Day) outside of any agreed access time? (by R of Calgary, AB)

I have liberal and free access to them. We have always had a dispute on leaving the kids alone with the elder child "babysitting". My ex states that I cannot leave them alone at my home without her approval. What recourse I have to protect my rights to having my oldest child babysit the group without her interfering? (by D of Cyberspace, BC)

Can the courts force an ex to see his kids? (by J of Burnaby, BC)

The father of my daughter has an order giving him access, but he's not allowed to drink when he's with her. The last he had her he had a drink in front of her twice. If he comes to the door with the police do I legally have to force her to go? (by M of Chilliwack, BC)

Every time I see my kids they seem more and more distant from me. They've said things to me like "daddy hates you" and that my new boyfriend is a "bad man." My daughter actually asked what a "whore" was. I think that my ex is trying to turn my kids against me and I don't want to lose them. We share joint custody of our kids. What can I do?

The courts take an extremely dim view of one parent's efforts to alienate the children from the other parent for obvious reasons. It is plainly not in your children's best interests to resent you and to be deprived of a meaningful relationship with you. In the past, this sort of conduct has been grounds for a change from joint custody to sole custody and for the severe restriction of access to non-custodial parents. You should take careful notes of what your children have said and when they have said it and consider making an application to court to change the existing custody situation. If you can show the court that your ex is poisoning your children against you, you may very well be able to change the existing Order. You should consider making an application for an Order for a s. 15 report as to your and your ex's relationship with the children at the same time, as this is likely to provide proof of any alienation. Section 15 reports are discussed in the chapter "Children > Custody."

My husbands' daughter is 14. She lives with her mother and is very unhappy. Apparently she has threatened to leave home. Her mother refuses to give up custody as we feel she would be better living with us. What would likely happen if we fought for custody? (by S of Cyberspace, BC)

My husband's ex-wife has custody of his 15 year old daughter. She now wants to live with us. What can we do? (by D of Dawson Creek, BC)

My daughter wants to stay with me now after our vacation, will this be a problem? Also, I am not living in BC at the moment but have my home in Williams Lake. In our order we have nothing that states we can not remove our chidren from the province. Will I run into a problem? (by G of Inuvik, NT)

My ex girlfriend has been denying me access of the 2 children we had for about 6 months ago, two months ago she changed her phone number and won't let me have it and she tells any one who sees the kids not to mention me at all to the kids as well as she tells the kids I dont love them, what are the first steps I should do to change this? (by C of Mission, BC)

My mother and I and ex wife have joint custudy with supervised acess to my ex wife. Now she wants the kids back. Can she get them back and how? (by T of Fort St. James, BC)

At what age is a child able to decide what type of custody arrangement they would prefer? I currently have joint guardianship while my ex-wife has sole custody. My 15 year old daughter would prefer to live with us on alternating weeks. (by K of Penticton, BC)

My girlfriend was just served with a court order giving interim custody of her [age] year old child to the father. For the first two years of the child's life, he had very little to do with her (the child) and never paid any support. During the past two years, by verbal agreement, the child lived with the father while my girlfriend was going to school. She's now finished school. What rights do we have? (by M of Saskatoon, SK)

If you don't see your question dealt with below, have a look at the section "Other Family Issues," which covers a few additional topics concerning children, such as adoption and the naming of children.

Leaving Home

When is your child legally of age to leave home? Leave school? When is it being a run-away and being old enough to leave? My daughter is 16, and will be 17 this year. (by D of Vancouver, BC)

I am going to be 16 in 2 months and I am really unhappy with my situation at home. I want to move out when I turn 16, but I know my Mother will object. Do I have to have her approval to move out, or can she stop me? (by K of Courtenay, BC)

If my 16 year old son moves out, by law do I have to give him any support, for rent etc? Also does welfare BC give him any support as well? What is the law on this? (by B of Abbotsford, BC) See Follow Up below.

I plan on moving out when I turn 18, my problem is that my guardian says I can't until I'm 19 because that's what social services told her, my question is: Is it alright for me to move out when I turn 18 without parental consent? (by J of Kamloops, BC)

Follow Up: Please advise as to how a child could be eligible for welfare. My uderstanding is that a child cannot apply for welfare in British Columbia until the age of 19. Also, welfare will not be provided to any individual who does not have a previous history of earning a minimum of $7,000 in two consecutive years prior to applying for welfare. (by G of Langley, BC)

Forcing Children to Leave Home

This question is the exact opposite of all the literature out there. My teenager will not leave the house. Can we force him to go or to at least put his belongings on the bus to his father's house and change the locks on the door? (by D of Victoria, BC)

Leaving Children alone at Home

What is the age that you are legally allowed to leave your child unattended? There is an hour between the end of his school day and my end of work day. I would like him to be able to walk home and wait at home for me. (by T of Vancouver, BC)

My grandson is 2 yrs. old and has [a debilitating illness]. His single mother leaves him with a sibling who is 12 yrs of age, or another unrelated child of 10 yrs of age. She is often gone all of or part of the night. Is this legal? (by S of Prince George, BC)

Paternity Issues

Is there any way to stop a man from getting a paternity test? (by S of Maple Ridge, BC)

My friend has been served with an application from Washington State claiming that he is the alleged father of an 18 yr old girl. He has never known about this child until now. The grandmother is trying to get my friend to submit to a paternity suit so she can get money to put this child through medical school. Can he be forced to submit to a DNA test? (by D of Vernon, BC)

I am fairly sure I became pregnant during an affair while my husband and I were having some difficulties. My husband and I have reconciled. Do I have to recognize the biological father if it is this other guy? Can my husband accept paternity? (by J of Kelowna, BC)

The father of my child did not give a single cent for support. I did not place the father's name on my child's birth certificate. I just left it blank. What are the rights of my child's father? (by O of Vancouver, BC)

What rights does a father have if he is not on the child's birth certificate? Are they obligated to pay child support? (by N of Langley, BC)

I was led to believe that the child of now my ex-girlfriend was mine. Now I have found out through a DNA test that this child is not mine. What options do I have if I do not want to make anymore child support payments? (by M of Burnaby, BC)

The "Other Woman/Man"

My husband was commiting adultry in our marriage. Now he is bringing her around our children on their outings and having her overnight when they are there. Is there any way I can legally get a restraining order or charge her? (by C of Abbotsford, BC)

The Rights of Family Members

How much access is typically given to a grandparent? (by V of Delta, BC)

We are new grandparents to a 1 year old. The mother and father (our son) have both been on welfare for many years. The mother never worked and the father is looking. They are fighting all the time and we fear that the mother will keep our grandaughter away from us. Can we secure some sort of visitation/access? If so, what do the courts consider reasonable? (by D of Surrey, BC)

I would like to know what the legal rights are concerning access to a grandchild, niece or nephew. Can access be denied for no reason? (by L of Campbell River, BC)

My sister and I have never gotten along, but I have always seen and been very close to her 2 children. Last fall we had a huge argument and she refuses to let me see the children. As an aunt, what can I do to visit the children? (by D of Seattle, WA)

What rights does a new wife have with respect to the husband's child (he has sole custody and the child lives with us)? His former wife lost custody and has only supervised access. What guardianship, custody rights does the new wife have? (by L of Red Deer, AB)

Corporal Punishment

Is corporal punishment against the law in British Columbia? Is this law applicable for birth parents and adopting parents? (by W of Cyberspace, BC)

"Giving Up" Parental Rights & Abduction Issues

My son's father has had no contact for 6 months and hasn't paid child support for over a year. How do I go about starting paper work for him to sign over his parental rights? (by P of Richmond, BC)

Do parents who abduct children in violation of court orders EVER retain custody? (by H of Surrey, BC)

I have sole custody of my 4 children. My ex is supposed to visit once a month and pay maintenance. He does neither. Is it possible to revoke all his rights and to not hurt the children any more? (by T of Dauphin, MB)

I am thinking of signing over my parental rights, but do not have any information about it. Can you tell me where I go, how I go about doing it, am I still obligated to pay child support? (by M of Surrey, BC)

Standing in the Place of Parent

I've been living with my partner 3 years. I have a 10 year old daughter. I would like to know if my partner have any rights to her at all. Her biological father is no where to be found. (by B of Cyberspace, ON)

Adoption

If a single mother's boyfriend adopts her child does the biological father have a right to have custody and/or guardianship? Does biological father still has the same right as always? What about child support? (by G of Langley, BC)

My fiance wants to adopt my son, but his biological father will not consent. Is there any way around this? (by M of Chilliwack, BC)

Naming Children & Changes of Name

Is the consent of both parents required to change the last name of a [age] year old child who wants to change her last name to her father's last name? The child's last name was made up at birth and is different than both her father and her mother. (by A of Surrey, BC)

I have sole custody, but share joint guardianship of my 6 year old son. I am getting married and would like to know if I can change my son's last name to my new married name. I was not married to my son's father. (by S of Chilliwack, BC)

Still Other Issues

At what age is a child considered a legal adult in the province of British Columbia? Does this in any way differ from the federal definition of adulthood? If there is a difference which definition takes precedence and what is the reason for that difference? (by J of Victoria, BC)

My son and his wife have just brought their newborn home from the hospital and are smoking right next to baby. I know there are regulations to protect workers from second hand smoke... has anything been done to protect helpless infants? (by J of Penticton, BC)

I have asked my ex to have her boyfriend not get out of the vehicle on visitation transfers with my [age] year old daughter. Also, he drives her from [city] to Williams Lake in a semi and I am worried about this. Can I do anything about this situation? (by A of Williams Lake, BC)

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