What's an Indigenous Child and Family Service Agency?

Many people believe that when children turn 12, they can choose which parent they'll live with, but this isn't true.

When your parents are trying to figure out where you'll live after they've separated or got a divorce, or if a judge is deciding, they have to make the decision based on something the law calls the child's best interests. This involves a number of factors — not just what you want but also your relationship with each parent and their ability to take care of you.

If your parents or the judge think what you want isn't based on good reasons, or there are other important facts related to what's best for you, they can decide on living arrangements that you don't agree with.

If one parent is making it difficult for you to see your other parent, remember that you have a right to time with both your parents, if that's in your best interests.

To find out more, see:

• If your parents separate, can you decide who you want to live with? and
• Living Together or Living Apart: Common-Law relationships, marriage, separation, and divorce.

The birth certificate registration only has information about the child's date and place of birth, and who the parents are. If you choose not to put the other parent's name on the birth certificate, that parent's legal relationship to the child is still the same, including their obligations to pay child support and their right to ask for:

• guardianship,
• parenting time and parental responsibilities under the Family Law Act,
• parenting time and decision-making responsibility under the Divorce Act, or
• contact with the child.

It's a good idea to get legal advice about this. See Tips about getting legal help for where to find a lawyer.

See:

• the BC Vital Statistics website for more information on filling out the registration form for a birth certificate, and
• Parenting apart for useful tips if you're not living with your child's other parent.

When couples separate, they usually make arrangements that let their children stay in touch with both of their families or other people who are important in the child’s life. This is called contact with a child.

If this doesn't happen, relatives and others who want to maintain a relationship with a child have a couple of options. These include speaking with family justice counsellors, going to mediation, and going to court.

To find out more, see:

• Contact: Spending time with a child, and
• Do children have a right to time with their grandparents?

The age of majority in BC is 19. A child in BC can choose to leave home before they turn 19.

Their parent has a responsibility to financially support their child until they turn 19.

Leaving without the consent of your parents before the age of 19  can have several implications:

• Your parents could potentially call the police and the police may decide to return you to your parents or report your location to them
• You may no longer be entitled to the financial support from your parents (unless there was family violence or the circumstances were intolerable)
• You may be able to get social assistance if there have been reasonable efforts to have your parent or guardian financially support you

Each circumstance is different. Try contacting the Child and Youth Legal Centre to see if you qualify to get help from one of their lawyers.

To find out more about child support if a child leaves home, see:

• Can you sue your parents for support? and
• When does child support end?