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Difference between revisions of "Children and Parenting after Separation"
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Children and Parenting after Separation (view source)
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==Introduction== | ==Introduction== | ||
There are two pieces of legislation that deal with issues about the care of children when parents separate | There are two pieces of legislation that deal with issues about the care of children when parents separate: the federal ''[[Divorce Act]]'' and the provincial ''[[Family Law Act]]''. Both laws allow parents and other people to apply for orders about where the children will live and how much time each person will have with the children if they can't make an agreement about these issues themselves. Whenever the court is asked to make a decision about issues like these, the court's primary concern is the children and the sort of arrangements that will be in their best interests. Most of the sections in this chapter talk about how the court makes these decisions and the laws that apply to parents (or other people responsible for children's care) in different situations. | ||
The [[Parenting after Separation]] section talks about some very important issues that don't involve legislation or the court, but are equally important: | The [[Parenting after Separation]] section talks about some very important issues that don't involve legislation or the court, but are equally important: | ||
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====Custody and access==== | ====Custody and access==== | ||
The ''Divorce Act'' talks about the care of children in terms of ''custody'' and ''access''. Custody is about the right to have the child with you and the right to make decisions about how the child is cared for and raised. Access is about the child's schedule of time with their parents. A parent who has access but doesn't have custody is still entitled to have information about the health, education and well-being of the child. | The ''Divorce Act'' talks about the care of children in terms of ''custody'' and ''access''. Custody is about the right to have the child with you and the right to make decisions about how the child is cared for and raised. Access is about the child's schedule of time with their parents. A parent who has access but doesn't have custody is still entitled to have information about the health, education, and well-being of the child. | ||
====Guardianship and parental responsibilities==== | ====Guardianship and parental responsibilities==== | ||
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<blockquote><tt>(3) An agreement or order is not in the best interests of a child unless it protects, to the greatest extent possible, the child's physical, psychological and emotional safety, security and well-being.</tt></blockquote> | <blockquote><tt>(3) An agreement or order is not in the best interests of a child unless it protects, to the greatest extent possible, the child's physical, psychological and emotional safety, security and well-being.</tt></blockquote> | ||
In making decisions about custody and access under the ''Divorce Act'', or parental responsibilities, parenting time and contact under the ''Family Law Act'', the court will take into <span class="noglossary">account</span> a whole range of factors, including some of the following: | In making decisions about custody and access under the ''Divorce Act'', or parental responsibilities, parenting time, and contact under the ''Family Law Act'', the court will take into <span class="noglossary">account</span> a whole range of factors, including some of the following: | ||
*Who looked after the child most of the time during the marriage? | *Who looked after the child most of the time during the marriage? | ||
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*Will the proposal disrupt the child's schooling, or take the child away from their friends and family? | *Will the proposal disrupt the child's schooling, or take the child away from their friends and family? | ||
You should bear in mind these quotes from Mr. Justice Spencer in ''[http://canlii.ca/t/1dll3 Tyabji v. Sandana]'', 1994 CanLII 410 (BC SC) a 1994 decision of the British Columbia Supreme Court: | You should bear in mind these quotes from Mr. Justice Spencer in ''[http://canlii.ca/t/1dll3 Tyabji v. Sandana]'', 1994 CanLII 410 (BC SC), a 1994 decision of the British Columbia Supreme Court: | ||
<blockquote>"Custody is not awarded in any sense to punish the parent who is deprived of it. There is no contest between parents to see who most deserves the children nor who was the more responsible for the break-up of the family unit."</blockquote> | <blockquote>"Custody is not awarded in any sense to punish the parent who is deprived of it. There is no contest between parents to see who most deserves the children nor who was the more responsible for the break-up of the family unit."</blockquote> | ||
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===Custody and guardianship after separation=== | ===Custody and guardianship after separation=== | ||
Under s. 39 of the ''[[Family Law Act]]'', while parents are living together and after they separate, both of them are presumed to the guardians of their children. These parents are guardians in fact and in law and do not need a court order to give them guardianship of their children. Other people who are presumed to be guardians are: | Under s. 39 of the ''[[Family Law Act]]'', while parents are living together and after they separate, both of them are presumed to be the guardians of their children. These parents are guardians in fact and in law and do not need a court order to give them guardianship of their children. Other people who are presumed to be guardians are: | ||
#people who are parents under an assisted reproduction agreement, and | #people who are parents under an assisted reproduction agreement, and | ||
