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Difference between revisions of "Children and Families (Legal Information for Indigenous People)"
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Children and Families (Legal Information for Indigenous People) (view source)
Revision as of 21:57, 31 January 2023
, 21:57, 31 January 2023→Legal rights of a child
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=== Legal rights of a child === | === Legal rights of a child === | ||
Participatory rights and access to counsel are important elements of access to justice. A child’s views should be heard in proceedings that affect their lives. The CFCSA outlines legal rights of children in care, which include the right to: | Participatory rights and access to counsel are important elements of access to justice. A child’s views should be heard in proceedings that affect their lives. The ''CFCSA'' outlines legal rights of children in care, which include the right to: | ||
* be informed about their plans of care, | * be informed about their plans of care, | ||
* be consulted and express their views about significant decisions affecting them, | * be consulted and express their views about significant decisions affecting them, | ||
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* be informed of their rights, and the procedures available for enforcing their rights. | * be informed of their rights, and the procedures available for enforcing their rights. | ||
Indigenous children have other rights under the CFCSA, including the right to: | Indigenous children have other rights under the ''CFCSA'', including the right to: | ||
* receive support to learn about and practise their Indigenous traditions, customs and languages, and | * receive support to learn about and practise their Indigenous traditions, customs and languages, and | ||
* belong to their Indigenous communities. | * belong to their Indigenous communities. | ||
== Family law == | |||
Courts use the BC ''Family Law Act'' to make decisions on family law issues. Most of BC’s family laws are the same for Indigenous and Non-Indigenous people, living on or off reserve. When making guardianship, parenting and access agreements, Courts consider the best interests of the child. The best interests of a child includes the protection of the child’s physical, psychological and emotional safety, security and well-being. | |||
When considering the best interests of Indigenous children, the courts may also consider the child’s heritage, traditions and culture. Also, the courts may look at someone’s Indigenous heritage or life circumstances when they are making decisions about legal issues such as guardianship, parenting arrangements and contact with a child. | |||
