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Difference between revisions of "Guardianship, Parenting Arrangements and Contact"
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Guardianship, Parenting Arrangements and Contact (view source)
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<blockquote><blockquote><tt>(c) the parent regularly cares for the child.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(c) the parent regularly cares for the child.</tt></blockquote></blockquote> | ||
Putting this another way, under s. 39(1), parents who lived together for some period of time after their child was born (birth is when you become a parent) are presumed to be the guardians of their child during their relationship and after they separate. Parents who didn't live together, on the other hand, aren't guardians unless: they are parents because of an assisted reproduction agreement; the parent and all of the child's guardians made an agreement that the parent would be a guardian; or, if the parent "regularly cares" for the child. This chapter will discuss what "regularly cares for" actually means | Putting this another way, under s. 39(1), parents who lived together for some period of time after their child was born (birth is when you become a parent) are presumed to be the guardians of their child during their relationship and after they separate. Parents who didn't live together, on the other hand, aren't guardians unless: they are parents because of an assisted reproduction agreement; the parent and all of the child's guardians made an agreement that the parent would be a guardian; or, if the parent "regularly cares" for the child. This chapter will discuss what "regularly cares for" actually means. | ||
People who aren't guardians, including parents who aren't guardians, don't have the right to say how a child is raised or be involved in <span class="noglossary">decision</span>-making about the child. If a guardian plans on moving with the child, people who aren't guardians don't have the right to object. | People who aren't guardians, including parents who aren't guardians, don't have the right to say how a child is raised or be involved in <span class="noglossary">decision</span>-making about the child. If a guardian plans on moving with the child, people who aren't guardians don't have the right to object. | ||
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That said, it's unlikely that too many people are going to be aware of the presumptions of guardianship that s. 39 talks about, and you may have problems dealing with people like doctors, teachers, police and border guards if after separation, you do not have an order or agreement confirming that you are a guardian of your child (particularly if you do not share the last name of your child, or your name is not on the child's birth certificate). | That said, it's unlikely that too many people are going to be aware of the presumptions of guardianship that s. 39 talks about, and you may have problems dealing with people like doctors, teachers, police and border guards if after separation, you do not have an order or agreement confirming that you are a guardian of your child (particularly if you do not share the last name of your child, or your name is not on the child's birth certificate). | ||
Parents, generally fathers, who were not living with the other parent, generally the birth mother, at the time the child was born, but who believe that they are a guardian because they "regularly care" for their child will want some kind of confirmation that they are their child's guardian. This is when an agreement between the parents or a declaration by the court is useful. Obviously "regular care" is a matter of <span class="noglossary">opinion</span>, and if there is a disagreement, some kind of decision or declaration will need to be made saying whether or not the parent who claims guardianship is in fact a guardian. See, for example, the rather unusual case of | Parents, generally fathers, who were not living with the other parent, generally the birth mother, at the time the child was born, but who believe that they are a guardian because they "regularly care" for their child will want some kind of confirmation that they are their child's guardian. This is when an agreement between the parents or a declaration by the court is useful. Obviously "regular care" is a matter of <span class="noglossary">opinion</span>, and if there is a disagreement, some kind of decision or declaration will need to be made saying whether or not the parent who claims guardianship is in fact a guardian. See, for example, the rather unusual case of [https://www.canlii.org/en/bc/bcca/doc/2015/2015bcca220/2015bcca220.html?autocompleteStr=A.A.A.&autocompletePos=1 ''A.A.A.M. v. B.C.'']. | ||
===Becoming a guardian=== | ===Becoming a guardian=== | ||
