Q: I do not trust my Ex’s new girlfriend. Do I have the right to say who looks after my kids?

A: It is brutally hard to not have control over the care of your own children. Unless you have a serious safety concern for the children, then no, unfortunately you do not have the right to say she cannot care for them during his parenting time. You have the right to know the girlfriends full name and contact information if she is caring for your children. The way Section 41 of the BC Family Law Act views guardians is that they have control of day-to-day decisions for the children when the children are in their care. This means that your ex has the right to decide who he feels is an appropriate care giver for the children during his time. This doesn’t mean that you are powerless however, some of your options include seeking agreements or court orders for a right of first refusal so that you can care for the children yourself as opposed to the new girlfriend, an order prohibiting the consumption of drugs or alcohol while caring for the children, or an order that the children have a way to contact you such as a cell phone if they feel the need to reach out.


Pro Tip: Sometimes it can help to meet with the new girlfriend in person. The meeting should take place in a public place like a park or coffee shop. If the meeting does not go well, or if they refuse to participate, you can tell the court that you tried your best to come up with a collaborative solution.


*Any guidance provided is not covered by solicitor client privilege, nor is it taking into consideration all of the facts of your matter beyond those in the question. The legal information is specific to British Columbia Law. If you want a more thorough and case-specific analysis of your legal matter please CONTACT US to arrange a consultation.