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Difference between revisions of "Children and Parenting after Separation"
From Clicklaw Wikibooks
Children and Parenting after Separation (view source)
Revision as of 15:50, 10 March 2013
, 15:50, 10 March 2013→Legal Concepts About Care of of Children
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The ''Divorce Act'' does not make any presumptions about who has custody of the children after separation. | The ''Divorce Act'' does not make any presumptions about who has custody of the children after separation. | ||
==Legal Concepts About Care | ==Legal Concepts About Care of Children== | ||
===Custody and Access Under the ''Divorce Act''=== | ===Custody and Access Under the ''Divorce Act''=== | ||
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The ''Family Law Act'' doesn't talk about custody. Instead it talks about the rights and duties of people who are ''guardians''. Most of the time, a guardian is a child's parent. However, other people can become guardians by being appointed by the court or by being named as guardian in a guardian's will. | The ''Family Law Act'' doesn't talk about custody. Instead it talks about the rights and duties of people who are ''guardians''. Most of the time, a guardian is a child's parent. However, other people can become guardians by being appointed by the court or by being named as guardian in a guardian's will. | ||
====Parental Responsibilities==== | |||
Guardian's have ''parental responsibilities'' with respect to the children in their care, the duty to make decisions about the children in the best interests of the children. The terms of how parental responsibilities will be handled can be vague or they can be very specific. Specific terms usually define the distribution of parental responsibilities using a set of clauses drafted by Mr. Justice Joyce (the "Joyce model"), by Mr. Justice Garner (the "''Charlton'' model") or by Master Horn (the "Horn model") or some hybrid of the three. All three models describe the rights and obligations both parents have when they are all guardians. | Guardian's have ''parental responsibilities'' with respect to the children in their care, the duty to make decisions about the children in the best interests of the children. The terms of how parental responsibilities will be handled can be vague or they can be very specific. Specific terms usually define the distribution of parental responsibilities using a set of clauses drafted by Mr. Justice Joyce (the "Joyce model"), by Mr. Justice Garner (the "''Charlton'' model") or by Master Horn (the "Horn model") or some hybrid of the three. All three models describe the rights and obligations both parents have when they are all guardians. | ||
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The Horn model is more about the guardians' rights to access information about the child, usually about the child's schooling, health and extracurricular activities. The Horn model implies that the guardian with whom the child mostly lives will be entitled to make decisions about the child as he or she sees fit, with the other guardian having a right to information about the child. Under s. 49 of the ''Family Law Act'', however, that guardian will always have the right to ask the court for directions on the subject of the other guardian's decision. | The Horn model is more about the guardians' rights to access information about the child, usually about the child's schooling, health and extracurricular activities. The Horn model implies that the guardian with whom the child mostly lives will be entitled to make decisions about the child as he or she sees fit, with the other guardian having a right to information about the child. Under s. 49 of the ''Family Law Act'', however, that guardian will always have the right to ask the court for directions on the subject of the other guardian's decision. | ||
====Parenting Time==== | |||
The schedule of a child's time between guardians is called ''parenting time'', and the allocation of parenting time between the child's guardians is about the child's living arrangements. During a guardian's parenting time, the guardian is responsible for the care of the child and may make decisions about day-to-day issues concerning the child. | The schedule of a child's time between guardians is called ''parenting time'', and the allocation of parenting time between the child's guardians is about the child's living arrangements. During a guardian's parenting time, the guardian is responsible for the care of the child and may make decisions about day-to-day issues concerning the child. | ||
