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Difference between revisions of "Family Law Act Basics"
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====The best interests of children and family violence==== | ====The best interests of children and family violence==== | ||
When family violence is an issue, parents and judges must consider | When family violence is an issue, parents and judges must consider the best-interests factors at s. 37, as well as a list of considerations set out at s. 38, to help assess the impact of the family violence on the child and on a person’s capacity to care for the child. These considerations include: | ||
*the severity of the family violence, | *the severity of the family violence, | ||
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The ''[[Family Law Act]]'' also says that an agreement or order is presumed not to be in the best interests of a child unless it protects the child’s safety and well-being to the greatest extent possible. | The ''[[Family Law Act]]'' also says that an agreement or order is presumed not to be in the best interests of a child unless it protects the child’s safety and well-being to the greatest extent possible. | ||
==== | ====The best interests of children and children’s views==== | ||
Under s. 211 of the ''[[Family Law Act]]'', the court can order that a family justice counsellor, a social worker, or another person like a clinical counsellor or a psychologist, assess one or more of: | Under s. 211 of the ''[[Family Law Act]]'', the court can order that a family justice counsellor, a social worker, or another person like a clinical counsellor or a psychologist, assess one or more of: | ||
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*the ability of a person to meet the child’s needs. | *the ability of a person to meet the child’s needs. | ||
Views of the child reports can also be ordered under s. 37(2)(b). These reports usually just describe the child’s views without making an assessment or recommendations, and are | Views of the child reports can also be ordered under s. 37(2)(b). These reports usually just describe the child’s views without making an assessment or recommendations, and are often much cheaper and faster to get than an assessment under s. 211. | ||
===Who is a parent?=== | ===Who is a parent?=== | ||
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Under the ''[[Family Law Act]]'', a child can have more than two parents. The courts have yet to figure out how child support <span class="noglossary">will</span> work in situations like this. | Under the ''[[Family Law Act]]'', a child can have more than two parents. The courts have yet to figure out how child support <span class="noglossary">will</span> work in situations like this. | ||
===Who is a guardian?=== | ===Who is a guardian?=== | ||
Most of the time, a child’s parents <span class="noglossary">will</span> be the child’s guardians, as long as the parents have lived with the child. A parent who never lived with a child isn’t a guardian unless: | Under the ''[[Family Law Act]]'', the people who are responsible for caring for a child are ''guardians''. A child can have one guardian, two guardians, or more than two guardians. Most of the time, a child’s parents <span class="noglossary">will</span> be the child’s guardians, as long as the parents have lived with the child. A parent who never lived with a child isn’t a guardian unless: | ||
*the court makes an order that the parent is a guardian, | *the court makes an order that the parent is a guardian, | ||
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*the parent "regularly cares" for the child, or | *the parent "regularly cares" for the child, or | ||
*the parent is a parent because of an assisted reproduction agreement. | *the parent is a parent because of an assisted reproduction agreement. | ||
The court can make an order that someone who isn’t a parent is the guardian of a child. The court can also make an order that someone who is a guardian is no longer a guardian. Both the Provincial Court and the Supreme Court can make orders about guardianship. | The court can make an order that someone who isn’t a parent is the guardian of a child. The court can also make an order that someone who is a guardian is no longer a guardian. Both the Provincial Court and the Supreme Court can make orders about guardianship. | ||
It's important to know that a guardian's spouse or partner doesn’t become a guardian to a child just because of his or her relationship with the child’s guardian. The only way for a spouse or partner to become a guardian is to be appointed as a guardian by the court. | |||
=== | ===What are parental responsibilities?=== | ||
The different ways that guardians care for a child and the decisions guardians have to make are called ''parental responsibilities.'' Parental responsibilities are listed at s. 41 of the ''[[Family Law Act]]'' and include: | The different ways that guardians care for a child and the decisions guardians have to make are called ''parental responsibilities.'' Parental responsibilities are listed at s. 41 of the ''[[Family Law Act]]'' and include: | ||
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*deciding how the child <span class="noglossary">will</span> be raised, including making decisions about things like religion, language, and culture. | *deciding how the child <span class="noglossary">will</span> be raised, including making decisions about things like religion, language, and culture. | ||
When a child has more than one guardian, the guardians must usually make these decisions together. | When a child has more than one guardian, the guardians must usually make these decisions together. However, the guardians can agree or the court can order that only one guardian should have a particular parental responsibility. Both the Provincial Court and the Supreme Court can make orders about parental responsibilities. | ||
If the child’s guardians can’t agree on a particular decision, they can go to see a family justice counsellor, a mental health professional, or a mediator to help them make the decision, or they can go to court. | If the child’s guardians can’t agree on a particular decision, they can go to see a family justice counsellor, a mental health professional, or a mediator to help them make the decision, or they can go to court. | ||
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===What happens if a guardian can’t exercise parental responsibilities?=== | ===What happens if a guardian can’t exercise parental responsibilities?=== | ||
If a guardian is temporarily unable to exercise parental responsibilities, the guardian can authorize someone else to manage certain responsibilities. This person doesn’t become a guardian but can: | If a guardian is temporarily unable to exercise his or her parental responsibilities, the guardian can authorize someone else to manage certain responsibilities. This person doesn’t become a guardian but can: | ||
*make decisions about the day-to-day care of the child, | *make decisions about the day-to-day care of the child, | ||
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*give or withhold permission on behalf of a child, like about going on a school field trip or having a medical treatment. | *give or withhold permission on behalf of a child, like about going on a school field trip or having a medical treatment. | ||
This is useful when a guardian is going to be sick or <span class="noglossary">will</span> be out of town for a period of time and someone else needs to care for the child, or if a child from outside British Columbia <span class="noglossary">will</span> be going to school here | This is useful when a guardian is going to be sick or <span class="noglossary">will</span> be out of town for a period of time and someone else needs to care for the child, or if a child from outside British Columbia <span class="noglossary">will</span> be going to school here and an adult is needed to care for the child. | ||
===What happens if a guardian has a terminal illness or dies?=== | ===What happens if a guardian has a terminal illness or dies?=== | ||
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The new person takes over as guardian when the first guardian dies or becomes unable to exercise parental responsibilities. | The new person takes over as guardian when the first guardian dies or becomes unable to exercise parental responsibilities. | ||
It's important to know that a parent who is not a guardian does not automatically become the child’s guardian when a guardian dies. If that parent wants to become the child’s guardian, he or she <span class="noglossary">will</span> have to be appointed as a guardian by the court. | |||
=== | ===What's the different between parenting time and contact?=== | ||
The time a guardian has with a child is called ''parenting time''. During a guardian’s parenting time, the guardian is responsible for the care of the child and has the right to make day-to-day decisions for the child. | The time a guardian has with a child is called ''parenting time''. During a guardian’s parenting time, the guardian is responsible for the care of the child and has the right to make day-to-day decisions for the child. | ||
The time that someone who isn’t a guardian has with a child is called ''contact''. Parents who aren’t guardians, other relatives of a child, and people who aren’t a child’s relative can have contact with the child. | The time that someone who isn’t a guardian has with a child is called ''contact''. Parents who aren’t guardians, other relatives of a child, and people who aren’t a child’s relative can have contact with the child. | ||
===How do agreements and orders about parenting time and contact work?=== | |||
Agreements about parenting time and contact can be made by the child’s guardians. The court can make orders about parenting time and contact. Both the Provincial Court and the Supreme Court can make orders about parenting time and contact. | Agreements about parenting time and contact can be made by the child’s guardians. The court can make orders about parenting time and contact. Both the Provincial Court and the Supreme Court can make orders about parenting time and contact. | ||
Agreements and orders about parenting time and contact can set a fixed schedule of time with a child or they can say that the parenting time or contact will happen when everyone agrees, as the child prefers or on some other time. Parenting time and contact can also be on conditions, for example that the person will not smoke or drink during his or her time with the child, or supervised. | |||
Remember that only guardians have parenting time. Everyone else has contact with a child. | Remember that only guardians have parenting time. Everyone else has contact with a child. | ||
