Difference between revisions of "Children and Parenting after Separation"

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Courts have interpreted "regularly cares for" as meaning more than occasional visits.
Courts have interpreted "regularly cares for" as meaning more than occasional visits.


There is a case from the BC Court of Appeal, [http://canlii.ca/t/gj15z ''A.A.A.M. v. BC''], 2015 BCCA 220, which found that when the Ministry of children and Family Development controlled how often a parent could see his child, it was unfair to say that parent had not regularly cared for the child. The Court of Appeal in this case found that a parent’s intention to regularly care for a child who was in the care of the Ministry was enough to make that parent a guardian.
There is a case from the BC Court of Appeal, [http://canlii.ca/t/gj15z ''A.A.A.M. v. BC''], 2015 BCCA 220, which found that when the Ministry of Children and Family Development controlled how often a parent could see their child, it was unfair to say that parent had not regularly cared for the child. The Court of Appeal in this case found that a parent’s intention to regularly care for a child who was in the care of the Ministry was enough to make that parent a guardian.


====Parental responsibilities====
====Parental responsibilities====
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If the parents can’t agree on how to share parental responsibilities, the courts will make orders regarding parental responsibilities. These orders can be general or specific. Sometimes a court will order that the parents are guardians and will share the parental responsibilities as they agree. If necessary, the court can make very clear orders regarding who holds what parental responsibilities and when and how those parental responsibilities will be exercised.  
If the parents can’t agree on how to share parental responsibilities, the courts will make orders regarding parental responsibilities. These orders can be general or specific. Sometimes a court will order that the parents are guardians and will share the parental responsibilities as they agree. If necessary, the court can make very clear orders regarding who holds what parental responsibilities and when and how those parental responsibilities will be exercised.  


Being a guardian does not mean that you will have specific parental responsibilities or in fact any parental responsibilities.  
Being a guardian does not mean that you will have specific parental responsibilities or, in fact, any parental responsibilities.  


Not all guardians will have the same parental responsibilities.
Not all guardians will have the same parental responsibilities.
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Like all decisions regarding children, the allocation of parenting time is based on a child’s best interests. the ''Family Law Act'' says that there is no particular parenting plan or arrangement that “is presumed to be in the best interests of a child.”   
Like all decisions regarding children, the allocation of parenting time is based on a child’s best interests. the ''Family Law Act'' says that there is no particular parenting plan or arrangement that “is presumed to be in the best interests of a child.”   


Parents should not assume that a week on/week off schedule is what is in the best interests of their children nor should parents assume that this type of parenting schedule ''isn’t'' in the best interests of their children. The ''Family Law Act'' reminds parents and the court that each child and family is unique and there is no such thing as a one size fits all parenting plan.
Parents should not assume that a week on/week off schedule is what is in the best interests of their children, nor should parents assume that this type of parenting schedule ''isn’t'' in the best interests of their children. The ''Family Law Act'' reminds parents and the court that each child and family is unique and there is no such thing as a one size fits all parenting plan.


It is also very important to understand that a guardian's parenting time with the children is entirely separate from their obligation to pay child support. Child support is not a fee paid or charged to see a child. It is never appropriate to withhold parenting time because a guardian missed a child support payment, nor is it ever appropriate to stop paying child support because parenting time has been withheld. The courts do not look kindly on guardians who have engaged in this sort of conduct.
It is also very important to understand that a guardian's parenting time with the children is entirely separate from their obligation to pay child support. Child support is not a fee paid or charged to see a child. It is never appropriate to withhold parenting time because a guardian missed a child support payment, nor is it ever appropriate to stop paying child support because parenting time has been withheld. The courts do not look kindly on guardians who have engaged in this sort of conduct.
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