Children and Parenting after Separation - Revision history

Nate Russell: /* Resources and links */

2024-08-21T22:32:57Z

Resources and links

← Older revision		Revision as of 22:32, 21 August 2024
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	===Resources===		===Resources===
	* [https://~~mylawbc~~.~~com~~/~~mediation~~/help/~~index~~.~~php Legal Aid~~ BC~~'s Early Resolution Centre website]~~		* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help Who Can Help?] from BC Ministry of Attorney General
			* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/pas Parenting After Separation (PAS) Courses] from BC Ministry of Attorney General

	===Links===		===Links===
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	* [https://family.legalaid.bc.ca/children/parenting-guardianship Parenting and Guardianship] from Legal Aid BC		* [https://family.legalaid.bc.ca/children/parenting-guardianship Parenting and Guardianship] from Legal Aid BC
	* [https://family.legalaid.bc.ca/resources/how-become-childs-guardian How to Become a Child's Guardian] fact sheet from Legal Aid BC		* [https://family.legalaid.bc.ca/resources/how-become-childs-guardian How to Become a Child's Guardian] fact sheet from Legal Aid BC
	* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help Who Can Help?] from BC Ministry of Attorney General		*[https://bit.ly/3AdKX0u Extended Family Program (Temporary Out-of-Care Arrangements)] from the BC Ministry of Children and Family Development
	*[https://bit.ly/3AdKX0u Extended Family Program] (Temporary Out-of-Care Arrangements) from the BC Ministry of Children and Family Development		*[https://perma.cc/H7XM-2TVL Successfully Parenting Apart: A Toolkit] from the Canadian Bar Association
	*[https://perma.cc/H7XM-2TVL "Successfully Parenting Apart: A Toolkit"] from the Canadian Bar Association

	{{REVIEWED \| reviewer = [[JP Boyd]], 10 August 2022}}		{{REVIEWED \| reviewer = [[JP Boyd]], 10 August 2022}}

Nate Russell: /* Links */

2024-08-21T22:29:37Z

Links

← Older revision		Revision as of 22:29, 21 August 2024
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	* [https://www2.gov.bc.ca/gov/content/safety/crime-prevention/criminal-record-check Ministry of Attorney General's website "Criminal Record Check BC"]		* [https://www2.gov.bc.ca/gov/content/safety/crime-prevention/criminal-record-check Ministry of Attorney General's website "Criminal Record Check BC"]
	* [https://www.cpic-cipc.ca/index-eng.htm Canadian Police Information Centre (CPIC)]		* [https://www.cpic-cipc.ca/index-eng.htm Canadian Police Information Centre (CPIC)]
	* [https://www.~~clicklaw.bc~~.ca/~~helpmap~~/~~service~~/~~1133~~ Kinship Care Help Line]		* [https://www.parentsupportbc.ca/services/support-line/ Kinship Care Help Line] (formerly Grandparents Raising Grandchildren Support Line) from the Parent Support Services Society of BC
	* [https://www.clicklaw.bc.ca/question/commonquestion/1118 Clicklaw Common Question on Benefits for Grandparents Raising Grandchildren]		* [https://dialalaw.peopleslawschool.ca/custody-guardianship-parenting/ Guardianship, Parenting Arrangements, and Contact]from Dial-a-Law by the People's Law School
	* [https://~~www~~.~~clicklaw.bc~~.ca/~~resource/1246 Dial~~-A-~~Law Script "~~Guardianship, Parenting Arrangements, and Contact"]		* [https://family.legalaid.bc.ca/children Children] from Legal Aid BC
	* [https://~~www~~.~~clicklaw~~.bc.ca/~~resource/4643~~ Legal Aid BC~~'s Family Law website's information page "Children"]~~		* [https://family.legalaid.bc.ca/children/parenting-guardianship Parenting and Guardianship] from Legal Aid BC
	* [https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4655~~ Legal Aid BC~~'s Family Law website's information page "Parenting & Guardianship"]~~		* [https://family.legalaid.bc.ca/resources/how-become-childs-guardian How to Become a Child's Guardian] fact sheet from Legal Aid BC
	* [https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~2639 Legal Aid BC's fact sheet "~~How to Become a Child's Guardian"]		* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help Who Can Help?] from BC Ministry of Attorney General
	* [https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4403~~ BC Ministry of Attorney General~~'s website "Support and Resources for Dealing with Separation and Divorce"]~~		*[https://bit.ly/3AdKX0u Extended Family Program] (Temporary Out-of-Care Arrangements) from the BC Ministry of Children and Family Development
	* [https://~~www~~.~~clicklaw.bc.ca~~/~~resource/2315~~ BC Ministry of Children and Family Development~~'s website "Extended Family Program"]~~		*[https://perma.cc/H7XM-2TVL "Successfully Parenting Apart: A Toolkit"] from the Canadian Bar Association
	* [https://~~www.clicklaw.bc~~.ca/~~resource/4402 Canadian Bar Association's ''~~Successfully Parenting Apart: A Toolkit'']

	{{REVIEWED \| reviewer = [[JP Boyd]], 10 August 2022}}		{{REVIEWED \| reviewer = [[JP Boyd]], 10 August 2022}}

Nate Russell: Clicklaw directory link edit

2024-08-21T22:15:21Z

Clicklaw directory link edit

← Older revision		Revision as of 22:15, 21 August 2024
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	{{LSSbadge		{{LSSbadge
	\| resourcetype = fact sheets on		\| resourcetype = fact sheets on
	\| link = [https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~1608 Access]''','''[https://www.clicklaw.bc.ca/resource/1891 Custody~~]''', and'''<br/>[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~1631 Guardianship,~~ parenting ~~time & <br~~/~~>parental responsibilities~~]		\| link = [https://family.legalaid.bc.ca/children/parenting-guardianship Parenting & guardianship]''', and'''<br/>[https://family.legalaid.bc.ca/children/parenting-guardianship/parenting/parenting-apart Parenting apart]
	}}When parents separate, they have to make decisions about four important issues: where the children <span class="noglossary">will</span> live; how parenting decisions <span class="noglossary">will</span> be made; how often each of them <span class="noglossary">will</span> see the children; and, how the children <span class="noglossary">will</span> be provided for. This chapter reviews the first three of these issues in detail. The fourth issue is covered in the [[Child Support]] chapter.		}}When parents separate, they have to make decisions about four important issues: where the children <span class="noglossary">will</span> live; how parenting decisions <span class="noglossary">will</span> be made; how often each of them <span class="noglossary">will</span> see the children; and, how the children <span class="noglossary">will</span> be provided for. This chapter reviews the first three of these issues in detail. The fourth issue is covered in the [[Child Support]] chapter.

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	===Guardianship, decision-making and parenting time===		===Guardianship, decision-making and parenting time===
	~~{{Clicklawbadge~~		When grandparents, extended family members and other adults are asking for an order or an award about guardianship, decision-making or parenting time, it's important to know that there is a strong presumption in favour of the wishes of the children's natural or adoptive parents. The court will generally be willing to allow children to remain with their parent or parents unless a strong case can be made that the parents are neglectful and that the children are suffering in their care. To quote from a 1992 Supreme Court case, [https://canlii.ca/t/1dfdl Reid v. Watts]:
	~~\| resourcetype = <br/>a resource for<br/>~~
	\| link = [http://clicklaw.bc.ca/helpmap/service/1133 Grandparents raising <br/> grandchildren]<br/>'''and information on'''<br/>[http://clicklaw.bc.ca/question/commonquestion/1118 Benefits for grandparents <br/>raising grandchildren]
	}}When grandparents, extended family members and other adults are asking for an order or an award about guardianship, decision-making or parenting time, it's important to know that there is a strong presumption in favour of the wishes of the children's natural or adoptive parents. The court will generally be willing to allow children to remain with their parent or parents unless a strong case can be made that the parents are neglectful and that the children are suffering in their care. To quote from a 1992 Supreme Court case, [~~http~~://canlii.ca/t/1dfdl Reid v. Watts]:

	<blockquote>"Parental claims will not be lightly set aside except in clear cases where the welfare of a child cannot otherwise be achieved."</blockquote>		<blockquote>"Parental claims will not be lightly set aside except in clear cases where the welfare of a child cannot otherwise be achieved."</blockquote>

	The Supreme Court of Canada, on the other hand, emphasized the children's best interests a bit more strongly in [~~http~~://canlii.ca/t/1lpdq Racine v. Woods], a case from 1983:		The Supreme Court of Canada, on the other hand, emphasized the children's best interests a bit more strongly in [https://canlii.ca/t/1lpdq Racine v. Woods], a case from 1983:

	<blockquote>"The law no longer treats children as the property of those who gave them birth but focuses on what is in their best interests."</blockquote>		<blockquote>"The law no longer treats children as the property of those who gave them birth but focuses on what is in their best interests."</blockquote>
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	There's a big difference between asking for guardianship, decision-making and parenting time, and asking for contact. In cases about guardianship, decision-making and parenting time, the courts are concerned with the adequacy of the children's living arrangements and their health and welfare, and the enormous responsibility the court may be giving to someone who is not a parent. In cases about contact, the parents are usually guardians, with parental responsibilities and parenting time, and no one is challenging their ability to manage their children's upbringing. The children are usually well and the parents are doing just fine. As a result, the court will usually place an even greater emphasis on the parent's discretion and judgment.		There's a big difference between asking for guardianship, decision-making and parenting time, and asking for contact. In cases about guardianship, decision-making and parenting time, the courts are concerned with the adequacy of the children's living arrangements and their health and welfare, and the enormous responsibility the court may be giving to someone who is not a parent. In cases about contact, the parents are usually guardians, with parental responsibilities and parenting time, and no one is challenging their ability to manage their children's upbringing. The children are usually well and the parents are doing just fine. As a result, the court will usually place an even greater emphasis on the parent's discretion and judgment.

	Grandparents and other people do not have a presumptive entitlement to contact with children under either the ''Divorce Act'' or the ''Family Law Act'', but they can certainly ask for an order that they have contact. The 1993 Supreme Court case of [~~http~~://canlii.ca/t/1djbt Chapman v. Chapman] discussed the general rules governing applications for contact by people other than parents:		Grandparents and other people do not have a presumptive entitlement to contact with children under either the ''Divorce Act'' or the ''Family Law Act'', but they can certainly ask for an order that they have contact. The 1993 Supreme Court case of [https://canlii.ca/t/1djbt Chapman v. Chapman] discussed the general rules governing applications for contact by people other than parents:

	*The burden is on the applicant to show that the proposed contact is in the child's best interests.		*The burden is on the applicant to show that the proposed contact is in the child's best interests.
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	*People other than parents may also have to show that they offer some positive benefit to the child before contact will be allowed, and they must show that the child's time with them will be in the child's best interests. Normally, grandparents and other people are allowed only the amount of contact with a child that the child's parents will agree to.		*People other than parents may also have to show that they offer some positive benefit to the child before contact will be allowed, and they must show that the child's time with them will be in the child's best interests. Normally, grandparents and other people are allowed only the amount of contact with a child that the child's parents will agree to.

	Where both parents are still in the picture and have already been arguing about how the child's parenting time will be divided between them, the court will usually require that any contact allowed to grandparents and other family members will be carved out of the child's time with the parent who is their relative. In other words, maternal grandparents will usually have contact during the mother's parenting time with the child, and paternal grandparents will have contact during the father's parenting time with the child. The Provincial Court decision in [~~http~~://canlii.ca/t/gjgdl N.H. v. D.H.], a case from 2013, is a good example about how the court thinks about contact.		Where both parents are still in the picture and have already been arguing about how the child's parenting time will be divided between them, the court will usually require that any contact allowed to grandparents and other family members will be carved out of the child's time with the parent who is their relative. In other words, maternal grandparents will usually have contact during the mother's parenting time with the child, and paternal grandparents will have contact during the father's parenting time with the child. The Provincial Court decision in [https://canlii.ca/t/gjgdl N.H. v. D.H.], a case from 2013, is a good example about how the court thinks about contact.

	As with applications for guardianship, decision-making or parenting time, grandparents and other people shouldn't be discouraged by the generally pessimistic tone of this discussion. There are lots of cases in which grandparents have been awarded time with their grandchildren; it ''is'' possible to succeed on an application for contact!		As with applications for guardianship, decision-making or parenting time, grandparents and other people shouldn't be discouraged by the generally pessimistic tone of this discussion. There are lots of cases in which grandparents have been awarded time with their grandchildren; it ''is'' possible to succeed on an application for contact!

Nate Russell at 18:06, 15 January 2024

2024-01-15T18:06:07Z

← Older revision		Revision as of 18:06, 15 January 2024
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	{{JP Boyd on Family Law TOC\|expanded = children}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = children}}{{JPBOFL Editor Badge
	\|ChapterEditors = [[Mary Mouat\|Mary Mouat, QC]] and [[Samantha Rapoport]]		\|ChapterEditors = [[Mary Mouat\|Mary Mouat, KC]] and [[Samantha Rapoport]]
	}}		}}
	{{LSSbadge		{{LSSbadge

Nate Russell: From staging Sep 2022 (follow up changes)

2022-09-28T20:30:33Z

From staging Sep 2022 (follow up changes)

Show changes

Nate Russell: From staging Aug 2022

2022-09-23T18:46:21Z

From staging Aug 2022

Show changes

Nate Russell: Nate Russell moved page Children in Family Law Matters to Children and Parenting after Separation: new title for edition 2020

2022-08-05T17:54:22Z

Nate Russell moved page Children in Family Law Matters to Children and Parenting after Separation: new title for edition 2020

← Older revision	Revision as of 17:54, 5 August 2022
(No difference)

Jpboyd: /* Links */

2021-03-06T20:43:40Z

Links

← Older revision		Revision as of 20:43, 6 March 2021
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	* [http://www.clicklaw.bc.ca/resource/4402 Canadian Bar Association's ''Successfully Parenting Apart: A Toolkit'']		* [http://www.clicklaw.bc.ca/resource/4402 Canadian Bar Association's ''Successfully Parenting Apart: A Toolkit'']

	{{REVIEWED \| reviewer = [[JP ~~Boydt~~]], March 6, 2021}}		{{REVIEWED \| reviewer = [[JP Boyd]], March 6, 2021}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

Jpboyd: /* Links */

2021-03-06T20:43:28Z

Links

← Older revision		Revision as of 20:43, 6 March 2021
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	* [http://www.clicklaw.bc.ca/resource/4402 Canadian Bar Association's ''Successfully Parenting Apart: A Toolkit'']		* [http://www.clicklaw.bc.ca/resource/4402 Canadian Bar Association's ''Successfully Parenting Apart: A Toolkit'']

	{{REVIEWED \| reviewer = [[~~Mary Mouat\|Mary Mouat, QC]] and [[Samantha Rapoport~~]], ~~April 15~~, ~~2019~~}}		{{REVIEWED \| reviewer = [[JP Boydt]], March 6, 2021}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

Jpboyd: /* Access and contact */

2021-03-06T20:43:06Z

Access and contact

← Older revision		Revision as of 20:43, 6 March 2021
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	As with applications for custody or guardianship, grandparents and other non-parents should not be discouraged by the generally pessimistic tone of this discussion. There are numerous cases in which grandparents have been awarded time with their grandchildren; it ''is'' possible to succeed on an application for access or contact.		As with applications for custody or guardianship, grandparents and other non-parents should not be discouraged by the generally pessimistic tone of this discussion. There are numerous cases in which grandparents have been awarded time with their grandchildren; it ''is'' possible to succeed on an application for access or contact.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, the time that people who are not spouses have with children is called ''contact'' rather than "access." This is the same idea as contact under the ''Family Law Act''.

	===Financial support===		===Financial support===