The term “custody” is full of negative connotations such as custody battles or disputes. In fact, the term “custody” has even eliminated under the B.C. Family Law Act in 2013 and is on route to being eliminated federally by the New Divorce Act. More than simply referring to the physical location of a child, proper childcare agreements should include guidelines and parameters for day-to-day care. More appropriate terms include:
Parenting: the scheduling and day-to-day care of the child/children.
Guardianship: the right to be involved in decision making in respect to children’s, welfare, education, religious practice, etc.
During a separation, joint guardianship is commonly awarded. There are exceptions to this rule, as in the case of present addictions or violent behaviour. In most cases within the court, the ideal scenario is one where both parents are able to take an active role in decision making and daily lives of children. This is what makes joint care such a popular option, as opposed to the less common sole custody.