Having sole custody in BC means that you have exclusive rights to make decisions for your children. Sole custody in BC also means that the children primarily reside with the person who has sole custody and the other parent may have some visitation rights or contact with the children. Read more about your rights and obligations when you have sole custody in BC here:
To get sole custody in BC, you will have to apply to the Court to get a declaration that you will be the only parent making decisions for the children and the parent the children will primarily reside with. Under the BC Family Law Act, the birth parents are assumed the guardians of the child and are expected to share parental responsibilities. If you want sole custody, you must get an Order where the court makes an exception to the default rule.
Being a mother will not give you a free ticket to get sole custody of children in BC. In BC, the courts recognize that children deserve the love and care of both parents, and equally as long as both parents are relatively decent. Many custody cases resolve around the mother wanting sole custody because she thinks the children need her more than the father and that she can provide better for the children.
I do not blame any mother for thinking she is the best parent and should have sole custody. Having a child grow in your belly for 9 months and then taking care of that child every second of everyday, protecting that child and having him/her drink the juice out of your body to calm down and feed must be a feeling unmatched by any other feeling in life.
BUT the type of connection you have with your child is not more important that the connection your child can have with his/her father. A father is a beautiful, loving and caring addition to any child’s life and the lessons he can teach your child are just as valuable as the lessons you will teach him/her. Also, fathers expose children to different sides and angles of life so they help the child understand options, life styles and senses much better when exposed to so much choice.
So when you go to ask about sole custody, make sure you do it for the right reasons. These reasons are stated below.
In some situations, obtaining sole custody is to the best interests of your child. These situations include:
You can apply for Sole Custody in BC at any point after separation. But the timing is dependent on your situation. Let’s look at some examples:
To prove that you should get sole custody of children in BC, you need to show that a sole custody situation is to the best interests of your children. The court will only consider the best interests of your children and not the parents. You have to prove evidence satisfying the following criteria:
As a parent who has sole custody of your children, you will have the following rights:
Obtaining sole custody in BC is an exemption to the general rule that children should share their time with their parents. It is always best to discuss the unique facts of your situation with a family lawyer to find out what your chances or strategies are when applying for sole custody in BC. Call us at 604-974-9529 or get in touch.