Can you get custody of your younger brother or sister?

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When a child is under the age of majority — 19 years old in British Columbia — decisions must be made by the child's parents or other concerned individuals about where the child will live and how he or she will be brought up and cared for.

The BC Family Relations Act states that when a custody application is made, the court may decide that one or more people have the right to custody of a child. People who are eligible to apply to court for custody include parents, grandparents, other relatives of the child, and people who are not relatives of the child. An older brother or sister would qualify as someone who is related to the child. Thus, older brothers or sisters who are over 19 may apply to court for custody of their siblings who are under 19.

When making or changing a custody order, a court must consider your brother or sister's best interests. There is no way to predict the outcome of a custody battle. The Family Relations Act lists some factors that the court must consider in making these decisions, including:

• your sibling's health and emotional well being and any special needs he or she may have;
• where appropriate, whether your sibling wants you to have custody;
• the love, affection, and similar ties that exist between you and your sibling, and between your sibling and other people;
• education and training for your sibling; and
• the capacity of each applicant to exercise the rights and duties of custody adequately.

If your sister or brother is currently in a stable and satisfactory setting, the court will usually be reluctant to change custody arrangements unless your sibling's long-term interests outweigh the benefits of present stability.

If someone else already has legal custody of your brother or sister, you will have to apply to court for custody and demonstrate that you are capable of providing a better home for your sibling than the one they are currently in. Having a close relationship with your brother/sister will definitely help, but that is only one factor the court will consider.

The information and self-help guides on this website are addressed mainly to parents, but the process they describe would be the same for an older sibling. To find out more about applying for custody, see Custody & access. If you are thinking about applying to court for custody of a younger sibling, speak to a lawyer first. For information about how to find a lawyer, see Who can help.