Guardianship, Parenting Arrangements and Contact - Revision history

Nate Russell at 21:11, 31 July 2019

2019-07-31T21:11:41Z

← Older revision		Revision as of 21:11, 31 July 2019
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	* [https://www.justiceeducation.ca/pas Justice Education Society: Parenting After Separation program]		* [https://www.justiceeducation.ca/pas Justice Education Society: Parenting After Separation program]
	* [~~http~~://clicklaw.bc.ca/resource/1246 ~~Canadian Bar Association BC Branch:~~ Custody and access, guardianship, parenting arrangements and contact]		* [https://clicklaw.bc.ca/resource/1246 Dial-A-Law Script "Custody and access, guardianship, parenting arrangements and contact"]
	* [~~http~~://clicklaw.bc.ca/resource/2639 Legal Services Society ~~Fact Sheet:~~ How to ~~become a child~~'s ~~guardian~~]		* [https://clicklaw.bc.ca/resource/2639 Legal Services Society's fact sheet "How to Become A Child's Guardian"]
	* [~~http~~://clicklaw.bc.ca/resource/4655 Legal Services Society's Family Law website: Parenting & guardianship]~~, section on~~ "Guardianship, parenting time and parental responsibilities"		* [https://clicklaw.bc.ca/resource/4655 Legal Services Society's Family Law website's information page "Parenting & guardianship"]
			** See "Guardianship, parenting time and parental responsibilities"

Nate Russell: /* Parental responsibilities and parenting time */

2019-07-26T18:45:14Z

Parental responsibilities and parenting time

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	<blockquote><tt>(1) If</tt></blockquote>		<blockquote><tt>(1) If</tt></blockquote>
	<blockquote><blockquote><tt>(a) no agreement or order respecting parenting arrangements applies in respect of a child, and</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(a) no agreement or order respecting parenting arrangements applies in respect of a child, and</tt></blockquote></blockquote>
	<blockquote><blockquote><tt>(b) the child's guardians have had in place informal parenting arrangements for a period of time sufficient for those parenting arrangements to have been established as a normal part of that child's routine, a child's guardian must not change the informal parenting arrangements without consulting the other guardians who are parties to those arrangements, unless consultation would be unreasonable or inappropriate in the circumstances.</tt></blockquote>		<blockquote><blockquote><tt>(b) the child's guardians have had in place informal parenting arrangements for a period of time sufficient for those parenting arrangements to have been established as a normal part of that child's routine, a child's guardian must not change the informal parenting arrangements without consulting the other guardians who are parties to those arrangements, unless consultation would be unreasonable or inappropriate in the circumstances.</tt></blockquote></blockquote>
	<blockquote><tt>(2) Nothing in subsection (1) prevents a child's guardian from seeking</tt></blockquote>		<blockquote><tt>(2) Nothing in subsection (1) prevents a child's guardian from seeking</tt></blockquote>
	<blockquote><blockquote><tt>(a) an agreement respecting parenting arrangements, or</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(a) an agreement respecting parenting arrangements, or</tt></blockquote></blockquote>

Nate Russell: /* Applying to court */

2019-07-05T22:52:53Z

Applying to court

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	*the applicant's involvement with other court proceedings involving children under the ''Family Law Act'', the old ''Family Relations Act'', the ''[http://canlii.ca/t/51znt Child, Family and Community Service Act]'', and the ''[[Divorce Act]]''.		*the applicant's involvement with other court proceedings involving children under the ''Family Law Act'', the old ''Family Relations Act'', the ''[http://canlii.ca/t/51znt Child, Family and Community Service Act]'', and the ''[[Divorce Act]]''.

	Rule 18.1 also requires that the applicant attach ~~as ''exhibits''~~ the following to the affidavit:		Rule 18.1 also requires that the applicant attach the following to the affidavit:
	#a criminal records check,		#a criminal records check,
	#a British Columbia Ministry of Children and Family Development records check (''MCFD records check''), and		#a British Columbia Ministry of Children and Family Development records check (''MCFD records check''), and
	#a Protection Order Registry protection order records check (''Protection Order Registry records check''.		#a Protection Order Registry protection order records check (''Protection Order Registry records check''.
	These need to be dated within 60 days of the filing of the affidavit.		These records checks are added as exhibits to the affidavit. The records checks need to be dated within 60 days of the filing of the affidavit in Provincial Court.

	For Supreme Court, Rule 15-2.1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] says much the same thing, and also requires a special affidavit with the same three exhibits. [[Form F101 Affidavit - Section 51 \| Form F101]] must be sworn not more than 28 days before a hearing where people will present arguments, or not more than seven days before filing if there will not be a hearing. The records checks must be dated no more than 60 days before the date of the hearing.		For Supreme Court, Rule 15-2.1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] says much the same thing, and also requires a special affidavit with the same three records checks added as exhibits. [[Form F101 Affidavit - Section 51 \| Form F101]] must be sworn not more than 28 days before a hearing where people will present arguments, or not more than seven days before filing if there will not be a hearing. The records checks must be dated no more than 60 days before the date of the hearing.

	To obtain a criminal record check the applicant must attend at their local police station.		To obtain a criminal record check the applicant must attend at their local police station.

Nate Russell: /* Applying to court */

2019-07-05T22:38:14Z

Applying to court

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	*the applicant's involvement with other court proceedings involving children under the ''Family Law Act'', the old ''Family Relations Act'', the ''[http://canlii.ca/t/51znt Child, Family and Community Service Act]'', and the ''[[Divorce Act]]''.		*the applicant's involvement with other court proceedings involving children under the ''Family Law Act'', the old ''Family Relations Act'', the ''[http://canlii.ca/t/51znt Child, Family and Community Service Act]'', and the ''[[Divorce Act]]''.

	Rule 18.1 also requires that the applicant ~~supply~~:		Rule 18.1 also requires that the applicant attach as ''exhibits'' the following to the affidavit:
	#a ''criminal records check''		#a criminal records check,
	#a ''~~child protection~~ records check'', and		#a British Columbia Ministry of Children and Family Development records check (''MCFD records check''), and
	# a ''Protection Order ~~registry~~ check''		#a Protection Order Registry protection order records check (''Protection Order Registry records check''.
	These need to be dated within 60 days of the filing of the affidavit.		These need to be dated within 60 days of the filing of the affidavit.

	Rule 15-2.1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] says much the same thing, and also requires a special affidavit~~, in~~ [[Form F101 Affidavit - Section 51 \| Form F101]]~~, to~~ be sworn ~~at least~~ 28 days before a hearing where people will present arguments, or ~~at least~~ seven days before filing if there will not be a hearing. The records checks must be ~~done~~ no more than 60 days before the date of the hearing.		For Supreme Court, Rule 15-2.1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] says much the same thing, and also requires a special affidavit with the same three exhibits. [[Form F101 Affidavit - Section 51 \| Form F101]] must be sworn not more than 28 days before a hearing where people will present arguments, or not more than seven days before filing if there will not be a hearing. The records checks must be dated no more than 60 days before the date of the hearing.


	To obtain a criminal record check the applicant must attend at their local police station.		To obtain a criminal record check the applicant must attend at their local police station.

Nate Russell: /* Applying to court */

2019-07-05T22:12:04Z

Applying to court

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	To obtain a criminal record check the applicant must attend at their local police station.		To obtain a criminal record check the applicant must attend at their local police station.

	The forms required to obtain the ''child protection records check''' from the Ministry for Children and Family Development and the '''protection order registry check''' can be found online at https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms. The forms required are:		The forms required to obtain the ''child protection records check'' from the Ministry for Children and Family Development and the ''protection order registry check'' can be found online at https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms. The forms required are:
	#'''Consent for Child Protection Record Check''': This form must be ''sworn'' or ''affirmed'' in front of a ''[https://www.courthouselibrary.ca/how-we-can-help/our-legal-knowledge-base/commissioner-taking-affidavits commissioner for taking affidavits]'' (e.g. a lawyer, notary, Supreme Court registrar). Submit the completed form to the court registry where the application is being made.		#'''Consent for Child Protection Record Check''': This form must be ''sworn'' or ''affirmed'' in front of a ''[https://www.courthouselibrary.ca/how-we-can-help/our-legal-knowledge-base/commissioner-taking-affidavits commissioner for taking affidavits]'' (e.g. a lawyer, notary, Supreme Court registrar). Submit the completed form to the court registry where the application is being made.
	#'''Request for Protection Order Registry Search''': This form must also be submitted to the court registry where the application is being made.		#'''Request for Protection Order Registry Search''': This form must also be submitted to the court registry where the application is being made.

Nate Russell: /* Applying to court */

2019-07-05T22:09:52Z

Applying to court

← Older revision		Revision as of 22:09, 5 July 2019
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	*the applicant's involvement with other court proceedings involving children under the ''Family Law Act'', the old ''Family Relations Act'', the ''[http://canlii.ca/t/51znt Child, Family and Community Service Act]'', and the ''[[Divorce Act]]''.		*the applicant's involvement with other court proceedings involving children under the ''Family Law Act'', the old ''Family Relations Act'', the ''[http://canlii.ca/t/51znt Child, Family and Community Service Act]'', and the ''[[Divorce Act]]''.

	Rule 18.1 also requires that the applicant supply a ''criminal records check'' ~~and~~ a ''child protection records check'' ~~— two separate records checks —~~ dated within 60 days of the filing of the affidavit.		Rule 18.1 also requires that the applicant supply:
			#a ''criminal records check''
			#a ''child protection records check'', and
			# a ''Protection Order registry check''
			These need to be dated within 60 days of the filing of the affidavit.

	Rule 15-2.1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] says much the same thing, and also requires a special affidavit, in [[Form F101 Affidavit - Section 51 \| Form F101]], to be sworn at least 28 days before a hearing where people will present arguments, or at least seven days before filing if there will not be a hearing. The records checks must be done no more than 60 days before the date of the hearing.		Rule 15-2.1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] says much the same thing, and also requires a special affidavit, in [[Form F101 Affidavit - Section 51 \| Form F101]], to be sworn at least 28 days before a hearing where people will present arguments, or at least seven days before filing if there will not be a hearing. The records checks must be done no more than 60 days before the date of the hearing.


	To obtain a criminal record check the applicant must attend at their local police station.		To obtain a criminal record check the applicant must attend at their local police station.

	The forms required to obtain the Ministry for Children and Family Development ~~child~~ protection ~~record~~ check can be found online at https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms. The forms required are:		The forms required to obtain the ''child protection records check''' from the Ministry for Children and Family Development and the '''protection order registry check''' can be found online at https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms. The forms required are:
	#'''Consent for Child Protection Record Check''': ~~The source for this is Form 5 in Appendix A of the [https://www.canlii.org/en/bc/laws/regu/b-c-reg-347-2012/latest/b-c-reg-347-2012.html Family Law Act Regulation]).~~ This form must be ''sworn'' or ''affirmed'' in front of a ''[https://www.courthouselibrary.ca/how-we-can-help/our-legal-knowledge-base/commissioner-taking-affidavits commissioner for taking affidavits]'' (e.g. a lawyer, notary, Supreme Court registrar). Submit the completed form to the court registry where the application is being made.		#'''Consent for Child Protection Record Check''': This form must be ''sworn'' or ''affirmed'' in front of a ''[https://www.courthouselibrary.ca/how-we-can-help/our-legal-knowledge-base/commissioner-taking-affidavits commissioner for taking affidavits]'' (e.g. a lawyer, notary, Supreme Court registrar). Submit the completed form to the court registry where the application is being made.
	#'''Request for Protection Order Registry Search''': This form must also be submitted to the court registry where the application is being made.		#'''Request for Protection Order Registry Search''': This form must also be submitted to the court registry where the application is being made.

Nate Russell: /* Applying to court */

2019-07-05T21:19:14Z

Applying to court

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	Parents and other people can apply to be made a guardian under section 51 of the ''[[Family Law Act]]''. This section requires a person applying for guardianship, an ''applicant'', to provide certain information about why the order would be in the best interests of the child.		Parents and other people can apply to be made a guardian under section 51 of the ''[[Family Law Act]]''. This section requires a person applying for guardianship, an ''applicant'', to provide certain information about why the order would be in the best interests of the child.

	In the Provincial Court, Rule 18.1 of the [http://canlii.ca/t/85pb Provincial Court Family Rules] requires the applicant to provide a special affidavit in Form 34, sworn no more than seven days before it is filed in court, which talks about:		In the Provincial Court, Rule 18.1 of the [http://canlii.ca/t/85pb Provincial Court (Family) Rules] requires the applicant to provide a special affidavit in Form 34, sworn no more than seven days before it is filed in court, which talks about:

	* the applicant's relationship with the child,		* the applicant's relationship with the child,
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	*the applicant's plan for the parenting of the child,		*the applicant's plan for the parenting of the child,
	*any incidents of family violence that might affect the child, and		*any incidents of family violence that might affect the child, and
	*the applicant's involvement with other court proceedings involving children under the ''Family Law Act'', the old ''Family Relations Act'', the ''[http://canlii.ca/t/51znt Child, Family and Community Service Act]'' and the ''[[Divorce Act]]''.		*the applicant's involvement with other court proceedings involving children under the ''Family Law Act'', the old ''Family Relations Act'', the ''[http://canlii.ca/t/51znt Child, Family and Community Service Act]'', and the ''[[Divorce Act]]''.

	Rule 18.1 also requires that the applicant supply a criminal records check and a records check ~~from the Ministry for Children and Family Development~~ dated within 60 days of the filing of the affidavit.		Rule 18.1 also requires that the applicant supply a ''criminal records check'' and a ''child protection records check'' — two separate records checks — dated within 60 days of the filing of the affidavit.

	Rule 15-2.1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] says much the same thing and also requires ~~that~~ a special affidavit, in Form F101, be sworn at least 28 days before a hearing where people will present arguments, or at least seven days before filing if there will not be a hearing. The records checks must be done no more than 60 days before the date of the hearing.		Rule 15-2.1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] says much the same thing, and also requires a special affidavit, in [[Form F101 Affidavit - Section 51 \| Form F101]], to be sworn at least 28 days before a hearing where people will present arguments, or at least seven days before filing if there will not be a hearing. The records checks must be done no more than 60 days before the date of the hearing.

	You can find links to and examples of forms, including Form 34 and Form F101, in [[Sample Provincial Court Forms (Family Law)\|Provincial Court Forms & Examples]] ~~and~~ [[Sample Supreme Court Forms (Family)\|Supreme Court Forms & Examples]].		To obtain a criminal record check the applicant must attend at their local police station.

			The forms required to obtain the Ministry for Children and Family Development child protection record check can be found online at https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms. The forms required are:
			#'''Consent for Child Protection Record Check''': The source for this is Form 5 in Appendix A of the [https://www.canlii.org/en/bc/laws/regu/b-c-reg-347-2012/latest/b-c-reg-347-2012.html Family Law Act Regulation]). This form must be ''sworn'' or ''affirmed'' in front of a ''[https://www.courthouselibrary.ca/how-we-can-help/our-legal-knowledge-base/commissioner-taking-affidavits commissioner for taking affidavits]'' (e.g. a lawyer, notary, Supreme Court registrar). Submit the completed form to the court registry where the application is being made.
			#'''Request for Protection Order Registry Search''': This form must also be submitted to the court registry where the application is being made.

			You can find links to and examples of forms, including those listed above as well as Form 34 and Form F101, in [[Sample Provincial Court Forms (Family Law)\|Provincial Court Forms & Examples]], [[Sample Supreme Court Forms (Family)\|Supreme Court Forms & Examples]], and [[Other Forms and Documents (Family Law)]].

	====Appointment by will or Form 2 Appointment====		====Appointment by will or Form 2 Appointment====

Nate Russell: /* Links */

2019-07-03T01:36:50Z

Links

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	* [http://clicklaw.bc.ca/resource/1246 Canadian Bar Association BC Branch: Custody and access, guardianship, parenting arrangements and contact]		* [http://clicklaw.bc.ca/resource/1246 Canadian Bar Association BC Branch: Custody and access, guardianship, parenting arrangements and contact]
	* [http://clicklaw.bc.ca/resource/2639 Legal Services Society Fact Sheet: How to become a child's guardian]		* [http://clicklaw.bc.ca/resource/2639 Legal Services Society Fact Sheet: How to become a child's guardian]
	* [http://clicklaw.bc.ca/resource/~~1631~~ Legal Services Society's Family Law website: Guardianship, parenting time and parental responsibilities]		* [http://clicklaw.bc.ca/resource/4655 Legal Services Society's Family Law website: Parenting & guardianship], section on "Guardianship, parenting time and parental responsibilities"

Nate Russell: /* Links */

2019-07-03T01:30:45Z

Links

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	===Links===		===Links===

	* [~~http~~://www.justiceeducation.ca/~~programs/online-parenting-after-separation~~ Justice Education Society: Parenting After Separation program]		* [https://www.justiceeducation.ca/pas Justice Education Society: Parenting After Separation program]
	* [http://clicklaw.bc.ca/resource/1246 Canadian Bar Association BC Branch: Custody and access, guardianship, parenting arrangements and contact]		* [http://clicklaw.bc.ca/resource/1246 Canadian Bar Association BC Branch: Custody and access, guardianship, parenting arrangements and contact]
	* [http://clicklaw.bc.ca/resource/2639 Legal Services Society Fact Sheet: How to become a child's guardian]		* [http://clicklaw.bc.ca/resource/2639 Legal Services Society Fact Sheet: How to become a child's guardian]

Nate Russell: /* Temporary authorizations */

2019-07-03T01:22:24Z

Temporary authorizations

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	*making decisions respecting the child's education and participation in extracurricular activities,		*making decisions respecting the child's education and participation in extracurricular activities,
	*giving, refusing, or withdrawing consent to medical, dental, and other health-related treatments for the child,		*giving, refusing, or withdrawing consent to medical, dental, and other health-related treatments for the child,
	*applying for a passport, licence, or ~~permit~~ for the child,		*applying for a passport, licence, permit, benefit, privilege or other thing for the child,
	*giving, refusing, or withdrawing consent for the child, if consent is required,		*giving, refusing, or withdrawing consent for the child, if consent is required,
	*receiving and responding to any notice that a parent or guardian is entitled or required by law to receive,		*receiving and responding to any notice that a parent or guardian is entitled or required by law to receive,