Difference between revisions of "Parents"

}}Your relationship may have been <span class="noglossary">brief</span>, but if you and your boyfriend or girlfriend have had a child together, you are both responsible for meeting the child's financial needs and you both may have the right to participate in raising the child. Paying child support is an obligation that comes from being a parent, but actually parenting a child is a privilege not a right.

In a short relationship, each person will generally be entitled to keep whatever they brought into the relationship and anything they received as a gift from the other person. If there are any jointly owned assets ― property that both people own and that is registered in both names ― like a house or a car, there is a legal presumption that each owner is entitled to an equal interest in the asset, whether the couple contributed equally to its purchase or not.  

Section 3 of the ''Family Law Act'' defines a ''spouse'' for the purpose of claims for spousal support as someone who is married, has lived in a marriage-like relationship with someone else for at least two years or for less than two years if the couple has had a child together. Since only spouses are eligible for spousal support, people who do not meet these criteria cannot apply for spousal support.

The most important thing to know about government benefits is that most federal legislation defines a ''spouse'' as someone who has been in a cohabiting relationship for at least one year, as opposed to British Columbia's legislation which generally requires a two-year cohabiting relationship to qualify. As a result, someone in a relationship of at least one year may qualify for any federal benefits that depend on a spousal relationship although they probably won't qualify for provincial benefits. People in a relationship of less than one year will not usually qualify for any benefits at all.

Benefits relating to children, like the [http://www2.gov.bc.ca/gov/content/family-social-supports/caring-for-young-children/bc-family-bonus-program BC Family Bonus], the [http://www.cra-arc.gc.ca/cctb/ Canada Child Tax Benefit], the [http://www.nationalchildbenefit.ca/eng/home.shtml National Child Benefit Supplement] and the [http://www.cra-arc.gc.ca/uccb/ Universal Child Care Benefit], are available to anyone who is a parent, regardless of the nature of that person's relationship with the other parent. The website of the [http://www.cra-arc.gc.ca/menu-eng.html Canada Revenue Agency] has a lot of information about federal and provincial benefits.

Couples who are not married and have not lived together but have had a child together can ask for orders about the care of their child, and child support for their child under the provincial ''[[Family Law Act]]''.

#the tables that are used to calculate the amount of child support payable,  

#the exceptions that allow child support to be paid in an amount different than the usual table amount, and

#the rules about the payment of children's special expenses.

Under s. 40(1) of the ''[[Family Law Act]]'', only people who are the guardians of a child have ''parental responsibilities'' and ''parenting time'' in relation to that child. People who are not the guardians of a child may have ''contact'' with the child and do not have the right to participate in making decisions about the raising of the child or the right to get information from the important people involved in the child's life, such as doctors, teachers, counsellors, coaches and so on.

#the child's parents, as long as they lived together,

#a person who is a parent of a child under an assisted reproduction agreement, and

#a parent who "regularly cares" for the child.

#must settle for having contact with the child and not being able to participate in parenting the child,  

#must prove that they ''regularly care'' for the child, in  <span class="noglossary">order</span> to be recognized as a guardian of the child who is entitled to participate in parenting the child, or

#must apply to be appointed as the guardian of a child under s. 51 of the ''Family Law Act''.

Applications for appointment as guardian are difficult as the person who is making the application must provide a special kind of affidavit that talks about the children who are and have been in the person's care, any civil or criminal court proceedings that might impact on the safety of a child, and any history of involvement with the Ministry for Children and Family Development. The person must also provide recent MCFD and police records checks. Applications for appointment as a guardian are discussed in more detail in the [[Guardianship,_Parenting_Arrangements_and_Contact|Guardianship, Parenting Arrangements and Contact]] section of the [[Children]] chapter, under the heading "[[Guardianship,_Parenting_Arrangements_and_Contact#Being_a_guardian_and_becoming_a_guardian|Being a guardian and becoming a guardian]]."

The old ''[http://canlii.ca/t/52069 Family Relations Act]'' used to allow parents to sue their adult children for support. That part of the ''Family Relations Act'' was repealed on 24 November 2011 and is not carried forward in the new ''[[Family Law Act]]''. As a result claims for parental support may no longer be brought in British Columbia.

* [http://www.cra-arc.gc.ca/bnfts/ Canada Revenue Agency Website: Child and family benefits]