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Difference between revisions of "Guardianship, Parenting Arrangements and Contact"
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Guardianship, Parenting Arrangements and Contact (view source)
Revision as of 01:32, 20 May 2013
, 01:32, 20 May 2013→Applying to court
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====Applying to court==== | ====Applying to court==== | ||
Parents and other people can apply to be made a guardian under s 51 of the ''[[Family Law Act]]''. | Parents and other people can apply to be made a guardian under s. 51 of the ''[[Family Law Act]]''. This section requires a person applying for guardianship, an ''applicant'', to provide certain information about why the order would be in the best interests of the child. | ||
In the Provincial Court, [http://canlii.ca/t/85pb Provincial Court | In the Provincial Court, Rule 18.1 of the [http://canlii.ca/t/85pb Provincial Court Family Rules] requires the applicant to provide a special affidavit in Form 34, sworn no more than 7 days before it is filed in court, that talks about: | ||
#the applicant's relationship with the child, | #the applicant's relationship with the child, | ||
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Rule 15-2.1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] says much the same thing but requires that the special affidavit, in Form F101, be sworn at least 28 days before a hearing where people will present arguments, or at least 7 days before filing if there will not be a hearing. The records checks must be done no more than 60 days before the date of the hearing. | Rule 15-2.1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] says much the same thing but requires that the special affidavit, in Form F101, be sworn at least 28 days before a hearing where people will present arguments, or at least 7 days before filing if there will not be a hearing. The records checks must be done no more than 60 days before the date of the hearing. | ||
You can find links to and examples of forms, including Form 34 and Form F101, in | You can find links to and examples of forms, including Form 34 and Form F101, in [[Sample Provincial Court Forms (Family Law)|Provincial Court Forms & Examples]] and [[Sample Supreme Court Forms (Family)|Supreme Court Forms & Examples]]. | ||
====Appointment by will==== | ====Appointment by will==== | ||
