Some terms in the Divorce Act changed on March 1, 2021
Effective March 1, 2021, the federal Divorce Act uses terms similar to those in the BC Family Law Act.
- The terms decision-making responsibility and parenting time replaced "custody."
- The terms contact and parenting time replaced "access."
If you and the other parent divorce or separate, or you’ve never lived together, you have to decide how you’re going to care for your children. It's a good idea to make a parenting agreement or plan that sets out how you'll raise your children.
The federal Divorce Act and provincial Family Law Act both talk about parenting. While they use similar words, there are some differences in the way the words are used and how each law looks at parenting. It’s possible that one set of laws might be more suitable for your situation. That’s why it’s a good idea to understand the differences between them and learn what words to use.
Click the blue title below to see:
- the words each law uses, and
- what the words mean under that law.
Which words should you use?
- If you’re separating or you’ve never lived together, you can use the words in the BC Family Law Act.
- If you’re divorcing and making parenting arrangements, you can use the words in either the BC Family Law Act or the federal Divorce Act.
In BC, most of the time, judges and lawyers use the Family Law Act and the words in that law: parenting time, guardianship, and parental responsibilities. So it's probably easiest to use the words in the Family Law Act in your forms and documents.
To find out more, see: