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Two kinds of BC Guardianship Laws

Posted by Andrew Liggett | May 04, 2025 | 0 Comments

two children walking

Two kinds of BC Guardianship Laws

We have more than 30 years of successful experience solving the guardianship needs of thousands of different people in British Columbia.

Guardianship of children in BC involves both Estate Law and Family Law. 

When making your Last Will & Testament ("Will") you will want to appoint a Guardian (plus alternate) for your Children if they are infants or not mentally competent as an adult.  Guardians appointed by your Will will parent your children until they are adults, so their skills are likely different from what your Executor or Trustee needs.

Appointing a Guardian in your Will is of course for the care of your children after death.  Since a Will has no effect and appoints no one before your death, during your lifetime you will need to appoint a Guardian using Family Law.

Since 2013, the parenting authority under the BC Family Law  Act ("FLA") is no longer called "custody" or "access".  Instead,  a Guardian under the FLA can have decision-making authority called Parenting Responsibilities to emphasize the responsibility to make decisions in the best interests of children.  The time period when a Guardian has responsibility to care for a child is called Parenting Time.

Under the FLA, only Guardians can have Parenting Responsibilities and Parenting Time.  If you are not a Guardian, then you cannot have any decision-making for children but your care of a child can be officially designated "Contact" time eg if a Guardian is denying an Aunt or Grandparent access to a child.

About the Author

Andrew Liggett

Mr. Andrew Liggett, BA JD CD, Esquire Our Firm Founder Andrew has decades of successful experience representing clients throughout British Columbia in all levels of court including the Provincial Court, the Supreme Court and the Court of Appeal. Andrew completed a Bachelor's Degree in Political...

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