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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 22:05, 18 May 2013
, 22:05, 18 May 2013→Custody and guardianship
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===Custody and guardianship=== | ===Custody and guardianship=== | ||
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| 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] | |||
}} | |||
There is a strong presumption in favour of the natural or adoptive parents of the children. The court will generally be inclined to allow the children to remain with their parent or parents unless a strong case can be shown that the parents are neglectful and that the children are suffering in their care. To quote from a 1992 case of the British Columbia Supreme Court, ''[http://canlii.ca/t/1dfdl Reid v. Watts]'', 1992 CanLII 916 (BC SC), Vancouver Registry No. A913221: | There is a strong presumption in favour of the natural or adoptive parents of the children. The court will generally be inclined to allow the children to remain with their parent or parents unless a strong case can be shown that the parents are neglectful and that the children are suffering in their care. To quote from a 1992 case of the British Columbia Supreme Court, ''[http://canlii.ca/t/1dfdl Reid v. Watts]'', 1992 CanLII 916 (BC SC), Vancouver Registry No. A913221: | ||
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*abandonment of the children by the guardians, or an existing status quo in which the non-parent is primarily responsible for the care of the children, and | *abandonment of the children by the guardians, or an existing status quo in which the non-parent is primarily responsible for the care of the children, and | ||
*poor parenting skills on the part of the guardian. | *poor parenting skills on the part of the guardian. | ||
Grandparents and other non-parents shouldn't be too discouraged by the generally pessimistic tone of this discussion. There are quite a few cases in which grandparents have been awarded custody of their grandchildren. It is possible to succeed on a custody or guardianship application, although the chances of success depend wholly on the circumstances of each case. | Grandparents and other non-parents shouldn't be too discouraged by the generally pessimistic tone of this discussion. There are quite a few cases in which grandparents have been awarded custody of their grandchildren. It is possible to succeed on a custody or guardianship application, although the chances of success depend wholly on the circumstances of each case. | ||
