For married spouses, the law about the care of children after separation is governed by the federal ''Divorce Act'' as well as the provincial ''Family Law Act''. For unmarried spouses and other unmarried couples, the only law that applies is the ''Family Law Act''. Although married spouses can ask for orders under both the ''Divorce Act'' and the ''Family Law Act'', it's usually best to pick one Act or the other. This is to determine issues related to the care of children because the two laws Acts approach the care of children with different attitudes and use different language.

If parties disagree over which act applies, be prepared to understand what ''paramountcy'' is. The doctrine of paramountcy says that provincial laws must give way to federal laws if there is a conflict between the two, even if both laws are otherwise valid and even if either could apply. The ''Divorce Act'' is federal, so it will likely apply first to custody or access disputes around children of married spouses. Again, this is only if there is disagreement about which act the married spouses agreed to use. While both the ''Divorce Act'' and the ''Family Law Act'' speak about the best interests of children, the ''Divorce Act'' contains the concept of ''maximum contact'' (between the child and both parents), that is not included in the ''Family Law Act''. As all ''Divorce Act'' matters proceed in the Supreme Court of British Columbia, and the ''Family Law Act'' being relatively new (it “came into force” on March 18, 2013), there There are a number of cases that consider which of these two acts Acts should apply and how they work together. A good summary is found in [http://canlii.ca/t/gf1gz Jirh v. Jirh]'', 2014 BCSC 1973and another good summary is found in B.D.M. v. A.E.M., 2014 BCSC 453 http://www.canlii.org/en/bc/bcsc/doc/2014/2014bcsc453/2014bcsc453.html?resultIndex=1.

The ''Family Law Act'' talks about people who are ''guardians''. A guardian is Guardians are usually, but not always, the parents of a person child, including people who is responsible for making decisions about how the child is cared for and raisedare parents because of an assisted reproduction agreement. A guardian has Guardians generally (but not always) have ''parental responsibilities''for a child, which means that they can make decisions for and about a child. The decisions that guardians make about a guardian child must make these decisions be in the that child's best interests of the child.

Guardians are usually, but not always, the parents of a child, including people who are parents because of an assisted reproduction agreement. A parent who isn't a guardian can become a guardian by an agreement signed by all of the child's guardians. However, if the parent and the guardians can't agree, the parent will have to apply to court to be appointed as a guardian.

Whenever the court considers issues involving children, its first and foremost concern is the best interests of the children, not whatever the particular wishes of a parent might be, no matter how well-intentioned those wishes , might be. It's not about you; it's about your kids. As a result, in any application concerning children you must show that the outcome you're looking for is the outcome that is in your children's best interests.

You should bear in mind these quotes from Mr. Justice Spencer in ''[http://canlii.ca/t/1dll3 Tyabji v. Sandana]'', 1994 CanLII 410 (BC SC) a 1994 decision of the British Columbia Supreme Court:

The old ''Family Relations Act'' made certain assumptions about who would have custody and guardianship of the children after a couple had separated. In general, the person who had the children most of the time was said to have "''de facto'' custody" and "''de facto'' guardianship" of the children, meaning having custody and guardianship as a matter of fact rather than because of a court order. Under s. 39 of the new ''[[Family Law Act]]'', while parents are living together and after they separate, both of them are presumed to the guardians of their children. These parents are guardians in fact and in law and do not need a court order to give them guardianship of their children. Other people who are presumed to be guardians are:

When parents have joint custody, both parents have the right to the day-to-day care of the child, although the child may spend more time at the home of one parent than the other, ; sometimes a lot more time. Parents can have joint custody even when one of them only sees the child on the weekends and or even when the parents live in different provinces. There is no connection between having joint custody and the amount of time each parent has with the child.

The ''[[Family Law Act]]'' doesn't talk about custody. Instead it talks about the responsibilities and duties of people who are ''guardians''. Most of the timeGenerally, parents are guardians. However, not all parents are guardians and a guardian is person other than a child's parentcan be that child's guardian. However, other people  A parent who has never lived with a child can become guardians only be a guardian by being appointed agreement with the other parent; by "regularly caring for" the court child; or , by being named court order. Courts have interpreted "regularly cares for" as guardian meaning more than occasional visits. There is a case from the BC Court of Appeal, A.A.A.M. v. BC, 2015 BCCA 220, which found that when the Ministry of children and Family Development controled how often a parent could see his child, it was unfair to say that parent had not “regularly cared for” the child. The Court of Appeal in this case found that a parent’s intention to “regularly care for” a child who was in the care of the Ministry was enough to make that parent a guardian's will.http://www.canlii.org/en/bc/bcca/doc/2015/2015bcca220/2015bcca220.html?resultIndex=1

Guardians have ''parental responsibilities'' for the children in their care, which The actual job of parenting is called the duty to make decisions about exercise of “parental responsibilities”. All guardians and the children courts must exercise parental responsibilities and decision-making in the best interests of the children. The terms of how  When parents are living together, they each exercise all parental responsibilities will be handled can be vague . For instance, either parent may say “yes” or “no” to a play date or either parent may take the child to the dentist, doctor, or school. When parents separate, they can be very specific. Specific terms usually define the distribution of continue to share all parental responsibilities using either with or without a set of clauseswritten agreement.

The schedule of Being a child's time between guardians is called ''parenting time'', and the allocation of parenting time between the child's guardians is about the child's living arrangements. During a guardian's parenting time, the guardian is responsible for the care of the child and may make decisions about day-to-day issues concerning the childdoes not mean that you will have specific parental responsibilities or in fact any parental responsibilities.

It is very important to understand that a guardian's parenting time with a child is entirely separate from his or her obligation to pay child support. Child support is not a fee paid or charged to see a child. It is never appropriate to withhold parenting time because a guardian missed a child support payment, nor is it ever appropriate to stop paying child support because parenting time has been withheld. The courts do not look kindly on Not all guardians who will have engaged in this sort of conductthe same parental responsibilities.

===Contact under A non-exhaustive list of parental responsibilities are set out in s. 41 of the ''Family Law Act''===, as follows:

Under * (a) making day-to-day decisions affecting the child and having day-to-day care, control and supervision of the child;* (b) making decisions respecting where the child will reside;* (c) making decisions respecting with whom the child will live and associate;* (d) making decisions respecting the child's education and participation in extracurricular activities, including the nature, extent and location;* (e) making decisions respecting the child's cultural, linguistic, religious and spiritual upbringing and heritage, including, if the child is an aboriginal child, the child'Family Law s aboriginal identity;* (f) subject to section 17 of the Infants Act'', someone who giving, refusing or withdrawing consent to medical, dental and other health-related treatments for the child;* (g) applying for a passport, licence, permit, benefit, privilege or other thing for the child;* (h) giving, refusing or withdrawing consent for the child, if consent is not required;* (i) receiving and responding to any notice that a parent or guardianis entitled or required by law to receive;* (j) requesting and receiving from third parties health, has ''contact'' with a education or other information respecting the child. Someone with contact does not have ;* (k) subject to any applicable provincial legislation,** (i) starting, defending, compromising or settling any parental responsibilities for proceeding relating to the child, such as and**(ii) identifying, advancing and protecting the responsibility for day-child's legal and financial interests;*(l) exercising any other responsibilities reasonably necessary to-day decision-making concerning nurture the child's development.

====Birdnesting or Like all decisions regarding children, the allocation of parenting time is based on a child’s best interests. the ''nestingFamily Law Act'' ====says that there is no particular parenting plan or arrangement that “is presumed to be in the best interests of a child.”

''Birdnesting'' refers to Parents should not assume that a parenting week on/week off schedule where the children live full-time is what is in the family home and best interests of their children nor should parents move assume that this type of parenting schedule ''isn’t'' in and out. In a usual situation where the children's time is shared fairly equally between best interests of their parents, the children go to live with one parent for a period of time, then go to live with the other parent for a similar period of time. When The ''Family Law Act'' reminds parents birdnest, the children remain in and the same place court that each child and it's the parents who do the moving, normally while maintaining separate homes outside the family homeis unique and there is no such thing as a “one size fits all parenting plan.”

The theory underlying this concept It is that it is disruptive for children also very important to switch homes every week and understand that it can be too costly to make sure therea guardian's parenting time with a full set of clothing, toys, books and whatnot in both houseschild is entirely separate from his or her obligation to pay child support. Birdnesting lets the kids stay in Child support is not a fee paid or charged to see a single home, usually the family home that they've grown up inchild. Of courseIt is never appropriate to withhold parenting time because a guardian missed a child support payment, the cost saved by avoiding duplication of the children's clothes and books nor is offset by the need it ever appropriate to maintain three homes: the family home, and a home for each stop paying child support because parenting time has been withheld. The courts do not look kindly on guardians who have engaged in this sort of the parentsconduct.

Birdnesting is a term that has been created by lawyers and judges, like the term "primary residence." Birdnesting is not a term you will find in the === ''Family Law Act'Examples of Parenting Arrangements' or the ''Divorce Act''.===