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Difference between revisions of "Children and Parenting after Separation"
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Children and Parenting after Separation (view source)
Revision as of 10:20, 25 March 2013
, 10:20, 25 March 2013→Access and Contact
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===Access and Contact=== | ===Access and Contact=== | ||
There is a big difference between seeking custody or guardianship and seeking access or contact. In custody cases, the courts are concerned with the fundamental living arrangements and health and welfare of the children. In court proceedings for access or contact, the parent usually has custody, and the court is being asked to challenge the parent or guardian's right to control his or her child's upbringing. As a result, the court will place an even greater emphasis on the discretion and judgment of the parent or guardian. | There is a big difference between seeking custody or guardianship and seeking access or contact. In custody cases, the courts are concerned with the fundamental living arrangements and the health and welfare of the children. In court proceedings for access or contact, the parent usually has custody, and the court is being asked to challenge the parent or guardian's right to control his or her child's upbringing. As a result, the court will place an even greater emphasis on the discretion and judgment of the parent or guardian. | ||
Grandparents and other non-parents do not have a presumptive right of access to or contact with children under either the ''Divorce Act'' or the ''Family Law Act'', but they can ask the court to make an order giving them access to their grandchildren. The 1993 Supreme Court of British Columbia case of ''Chapman v. Chapman'' sets out the general rules governing applications for access or contact by non-parents: | Grandparents and other non-parents do not have a presumptive right of access to or contact with children under either the ''Divorce Act'' or the ''Family Law Act'', but they can ask the court to make an order giving them access to their grandchildren. The 1993 Supreme Court of British Columbia case of ''Chapman v. Chapman'' sets out the general rules governing applications for access or contact by non-parents: | ||
