Difference between revisions of "Children and Parenting after Separation"

This introductory section provides an overview of the law on the care of children after separation, and looks at traditional and developing concepts in this area of the law. It also discusses the interests that grandparents and other non-parents or guardians might have. Other sections of this chapter look more closely at [[Parenting after Separation|parenting after separation]], [[Guardianship, Parenting Arrangements and Contact|guardianship and contact]], [[Custody and Access|custody and access]], [[Changing Family Law Orders and Agreements Involving Children|making changes to orders and agreements involving children]], and the problem of [[Estranged and Alienated Children| estrangement and alienation]].  

Other legal issues relating to children, such as family violence, naming, and adoption, are discussed in the chapter [[Other Family Law Issues]].

There are two pieces of legislation that deal with issues about the care of children when parents separate, the federal ''[[Divorce Act]]'' and the provincial ''[[Family Law Act]]''. Both laws allow parents and other people to apply for orders about where the children will live and how much time each person will have with the children if they can't make an agreement about these issues themselves. Whenever the court is asked to make a decision about issues like these, the court's primary concern is the children and the sort of arrangements that will be in their best interests. Most of the sections in this chapter talk about how the court makes these decisions and the laws that apply to different parents in different situations.  

The [[Parenting after Separation]] section talks about some very important issues that don't involve the courts and the legislation but are equally important: how to protect children from the conflict between their parents, how to develop parenting plans, and how to locate resources that are available to separating and separated parents. When parents separate, there is a lot more at stake than just where the children are going to be living tomorrow. Parents have an obligation to think in the long-term, and take a perspective that sees years down the road. How is their conflict going to affect their children? How can both parents maintain a meaningful role in their children's lives? How will the children adapt to the separation? When the children are older and look back on their childhood, what will they think of the separation? And, perhaps most importantly, how can the children best be helped to grow and mature into adults with families of their own?