Difference between revisions of "Family Law Act Basics"
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*want contact with someone else’s child, | *want contact with someone else’s child, | ||
*are at risk of family violence, | *are at risk of family violence, | ||
*are having a child | *are having a child with assisted reproduction, and | ||
*want to manage a child’s property. | *want to manage a child’s property. | ||
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*family violence and protecting adults and children from violence, | *family violence and protecting adults and children from violence, | ||
*determining who is a child’s parent, | *determining who is a child’s parent, | ||
*having children through | *having children through assisted reproduction, | ||
*determining who is the guardian of a child, and how guardians are appointed and removed, | *determining who is the guardian of a child, and how guardians are appointed and removed, | ||
*how guardians share responsibility for the care of children, | *how guardians share responsibility for the care of children, | ||
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Under the ''[[Family Law Act]]'', a child’s parents are the child’s birth mother and biological father. If the court is not sure who the child’s father is, the court can order medical tests to determine who the father is under s. 33. | Under the ''[[Family Law Act]]'', a child’s parents are the child’s birth mother and biological father. If the court is not sure who the child’s father is, the court can order medical tests to determine who the father is under s. 33. | ||
When people have a child through | When people have a child through assisted reproduction, a person who donates eggs or sperm is not presumed to be a parent. However, a woman who is a surrogate mother is presumed to be a parent. | ||
The ''[[Family Law Act]]'' lets people make agreements when they have a child through assisted reproduction. These agreements can say who is a parent and who isn’t. They can say that a donor of eggs or sperm is a parent, or that a surrogate mother isn’t a parent. | The ''[[Family Law Act]]'' lets people make agreements when they have a child through assisted reproduction. These agreements can say who is a parent and who isn’t. They can say that a donor of eggs or sperm is a parent, or that a surrogate mother isn’t a parent. | ||
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*the parent and the child’s other guardians make an agreement that the parent is a guardian, | *the parent and the child’s other guardians make an agreement that the parent is a guardian, | ||
*the parent "regularly cares" for the child, or | *the parent "regularly cares" for the child, or | ||
*the parent is a parent because of an | *the parent is a parent because of an assisted reproduction agreement. | ||
The courts <span class="noglossary">will</span> have to figure out what ''regularly cares'' for a child means. | The courts <span class="noglossary">will</span> have to figure out what ''regularly cares'' for a child means. | ||