2,667
edits
Difference between revisions of "Children and Parenting after Separation"
From Clicklaw Wikibooks
Children and Parenting after Separation (view source)
Revision as of 14:53, 10 March 2013
, 14:53, 10 March 2013→The Divorce Act and the Family Law Act
| Line 20: | Line 20: | ||
For married spouses, the law regarding about children after separation is governed by the federal ''Divorce Act'' as well as the provincial ''Family Law Act''. For unmarried spouses and other unmarried couples, the only governing law is the ''Family Law Act''. Although married spouses can ask for orders under both the ''Divorce Act'' and the ''Family Law Act'', because the two laws approach the care of children with different attitudes and different language, which will be described in a moment, it's best to pick one or the other. | For married spouses, the law regarding about children after separation is governed by the federal ''Divorce Act'' as well as the provincial ''Family Law Act''. For unmarried spouses and other unmarried couples, the only governing law is the ''Family Law Act''. Although married spouses can ask for orders under both the ''Divorce Act'' and the ''Family Law Act'', because the two laws approach the care of children with different attitudes and different language, which will be described in a moment, it's best to pick one or the other. | ||
===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 his or her parents, however a parent who has access but doesn't have custody is still entitled to have information about the health, education and wellbeing of the child. | |||
===Guardianship and Parental Responsibilities=== | |||
The ''Family Law Act'' talks about people who are ''guardians'' and are responsible for making decisions about how the child is cared for and raised, called ''parental responsibilities'', in the best interests of the child. | |||
Guardians are usually, but not always, the parents of a child, including people who are parents because of an assisted reproduction agreement. A parent who isn't a guardian can become a guardian by an agreement signed by all of the child's guardians. However, if the parent and the guardians can't agree, the parent will have to apply to court to be appointed as a guardian. | |||
===Parenting Time and Contact=== | |||
Under the ''Family Law Act'', a guardian's time with a child is ''parenting time''. During a guardian's parenting time, the guardian is responsible for the care of the child and is entitled to make basic day-to-day decisions for the child. The schedule of a child's time with someone who isn't a guardian is ''contact''. | |||
===The Best Interests of the Children=== | ===The Best Interests of the Children=== | ||
