Co-parenting post-separation is not always easy. In a crisis, co-parenting can become even more challenging.
There are numerous people who navigate co-parenting their children just fine – often without the assistance of lawyers. During a crisis, many of these families will continue to operate in a reasonable, fair, respectful, kind and thoughtful manner. They will prioritize the needs of their children. They will support and facilitate co-parenting in a positive way. Some will also work to support each other personally as co-parents. That’s ideal. It does happen and it is happening.
However, where co-parenting was tumultuous and/or separation was also impacted by intimate partner violence or abuse pre-crisis, co-parenting can be a source of heightened fear, control and unsafety.
If you are facing violence or abuse by your ex-spouse or your child(ren) are facing abuse or being put at risk, it is important to get legal advice about your specific co-parenting situation. For more information:
- Call 911 if you are in immediate danger
- Battered Women’s Support Services – Call or text 604-652-1867 or send an email to intake@bwss.org
- VictimLinkBC, a toll-free, confidential, multilingual telephone service available across B.C. and the Yukon 24 hours a day, 7 days a week – Call 1-800-563-0808 or send an email to VictimLinkBC@bc211.ca
- BC Society of Transition Houses – Shelter and Emergency Resources – here.
- Rise Women’s Legal Centre – Guidelines for Co-parenting – here.
- Ending Violence Association of BC – Safety Planning – here.
Some court decisions provide insight into how co-parenting disputes will be determined.
The key points:
- Existing arrangements, such as the primary care role and time of a co-parent, will likely continue unless it can be evidenced that there is an impact on the best interest of the child.
- Any changes will need to be reasonable, practical and workable in light of the current crisis.
- Judges will want to see that parents are working in the best interest of their child(ren) and they are able to communicate with each other.
- Where a parent is operating in the best interest of their child(ren), their parenting time should continue and not be restricted by the other parent.
See: S.R. v. M.G., 2020 BCPC 57 (CanLII), (no family violence) and M.D.F. v D.O.T.C, 2020 BCSC 522 (CanLII), (family violence raised)
