Difference between revisions of "Guardianship, Parenting Arrangements and Contact"
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That said, it's unlikely that too many people are going to be aware of the presumptions of guardianship that s. 39 talks about, and you may have problems dealing with people like doctors, teachers, police, and border guards if after separation, you do not have an order or agreement confirming that you are a guardian of your child (particularly if you do not share the last name of your child, or your name is not on the child's birth certificate). | That said, it's unlikely that too many people are going to be aware of the presumptions of guardianship that s. 39 talks about, and you may have problems dealing with people like doctors, teachers, police, and border guards if after separation, you do not have an order or agreement confirming that you are a guardian of your child (particularly if you do not share the last name of your child, or your name is not on the child's birth certificate). | ||
Parents (generally fathers) who were not living with the other parent (generally the birth mother) at the time the child was born, but who believe that they are a guardian because they regularly care for their child will want some kind of confirmation that they are their child's guardian. This is when an agreement between the parents or a declaration by the court is useful. Obviously, regular care is a matter of <span class="noglossary">opinion</span>, and if there is a disagreement, some kind of decision or declaration will need to be made saying whether or not the parent who claims guardianship is in fact a guardian. See, for example, the decision, [ | Parents (generally fathers) who were not living with the other parent (generally the birth mother) at the time the child was born, but who believe that they are a guardian because they regularly care for their child will want some kind of confirmation that they are their child's guardian. This is when an agreement between the parents or a declaration by the court is useful. Obviously, regular care is a matter of <span class="noglossary">opinion</span>, and if there is a disagreement, some kind of decision or declaration will need to be made saying whether or not the parent who claims guardianship is in fact a guardian. See, for example, the decision, ''[http://canlii.ca/t/hqpn1 Doyle v. Handley]'', 2018 BCSC 293. Even though the father did not cohabit with the mother at the time of the child's birth, the court found him to be a guardian since he regularly cared for the child after the child was born. | ||
===Becoming a guardian=== | ===Becoming a guardian=== | ||