BC Family Law Case Law Updates. Chapter 6: Parenting Time (Oct 2019)
[15:39] Lawyer Agnes Huang (Saltwater Law) discusses case law on denial of parenting time and failure to exercise parenting time. For community workers and advocates. Part 6 of 8. Topics include:
- An order or agreement must be in place
- Application has to be made within 12 months of the denial
- Court has a broad discretion that can be adapted to each unique circumstance
- Cumulative effect of words and actions may suffice
- Not in best interest of child to force them to see the other parent if risk of violence
- Concern for child's physical and emotional safety are justification for denial of parenting time
- Failure to exercise parenting time without reasonable excuse
For more information on Family Law in British Columbia:
- Family Law in BC
- Aboriginal Legal Aid in BC
- MyLawBC (featuring Q and A pathways to get tailored action plans, and free online mediation to make a parenting plan)
- Clicklaw (online compendium of resources)
- Family Law Line
- Legal Aid BC Resources for Community Workers, including free print publications in a range of languages
- Dial-a-Law (call in to hear legal information)
Please note: Legal Aid BC resources are for professional development. They don't provide legal or other professional advice. Law is constantly evolving; changes in practice and procedure occur frequently. Exercise your professional judgment about the correctness and applicability of the material. Please refer to the relevant legislation, case law, administrative guidelines, and other primary sources. The views and conclusions expressed here are not necessarily those of Legal Aid BC.
Legal Aid BC helps all British Columbians with serious family, child protection, immigration, and criminal law issues. We give free legal information to everyone, and advice and lawyer services to eligible British Columbians.
Credits: Presentation by Agnes Huang, Saltwater Law. Filmed and edited by Paul Donovan, Focus Audio Visual Services Ltd. Production and publication coordinated by Kate Murray, Bridget Greenwood, Baljinder Gill, Ella Droko, and Brian Goncalves, Legal Aid BC. Thumbnail design by Caitlin Kuo and Brian Goncalves, Legal Aid BC.