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Difference between revisions of "Guardianship, Parenting Arrangements and Contact"

From Clicklaw Wikibooks
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===Being a guardian===
===Being a guardian===


People who are guardians because of s. 39 are guardians and don't need to ask for an order saying they are guardians. This is really important because if you don't need to start a court proceeding to become a guardian, you shouldn't.
People who are guardians because of the presumptions at s. 39 of the ''[[Family Law Act]]'' are guardians and don't need to ask for an order saying they are guardians. This is really important because if you don't need to start a court proceeding to become a guardian, you shouldn't.


That said, it's unlikely that too many people are going to be aware of the presumptions of guardianship s. 39 talks about, and you may have problems dealing with people like doctors, teachers, police and border guards. First of all, it's unlikely that these people will have read the ''[[Family Law Act]]''. Secondly, how would they know that you lived with the other parent after the child's birth? What you might want to get is an agreement that says "Brenda is the guardian of the child Max," or the declaration of a judge, called a ''declaratory order'', confirming your status in relation to your child.
That said, it's unlikely that too many people are going to be aware of the presumptions of guardianship s. 39 talks about, and you may have problems dealing with people like doctors, teachers, police and border guards. First of all, it's unlikely that these people will have read the ''[[Family Law Act]]''. Secondly, how would they know that you lived with the other parent after the child's birth? What you might want to get is an agreement that says "Brenda is the guardian of the child Max," or the declaration of a judge, called a ''declaratory order'', confirming your status in relation to your child.