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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 01:38, 20 May 2013
, 01:38, 20 May 2013→Becoming a guardian
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*If you are a ''parent'', you can become a guardian by an agreement with the child's guardians. | *If you are a ''parent'', you can become a guardian by an agreement with the child's guardians. | ||
*If you are not a parent or if the other guardians aren't inclined to agree, you can only become a guardian by making an application to court to be made a guardian. | *If you are not a parent or if the other guardians aren't inclined to agree, you can only become a guardian by making an application to court to be made a guardian. | ||
*You can also become a guardian, whether you're a parent or not, through a guardian's will when the guardian dies or becomes incapacitated. | *You can also become a guardian, whether you're a parent or not, through a guardian's will or signed Form 2 Appointment when the guardian dies or becomes incapacitated. | ||
If you are the new spouse or partner of a guardian of a child, you do ''not'' become a guardian of the child just because of your relationship with the guardian. If you would like to be the guardian of your stepchild, you should consider applying for an order appointing you as one of the child's guardians. | If you are the new spouse or partner of a guardian of a child, you do ''not'' become a guardian of the child just because of your relationship with the guardian. If you would like to be the guardian of your stepchild, you should consider applying for an order appointing you as one of the child's guardians. | ||
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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]]. | 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 or Form 2 Appointment==== | ||
Parents and other people can also be made a guardian if they have been appointed by a guardian as a ''standby guardian'' under s. 55 of the ''[[Family Law Act]]'' or as a ''testamentary guardian'' under s. 53 of the act. Guardians who have been appointed in this way don't need to make an application under s. 51 and don't need to worry about filing the special affidavit or getting records checks done. | Parents and other people can also be made a guardian if they have been appointed by a guardian as a ''standby guardian'' under s. 55 of the ''[[Family Law Act]]'' or as a ''testamentary guardian'' under s. 53 of the act. Guardians who have been appointed in this way don't need to make an application under s. 51 and don't need to worry about filing the special affidavit or getting records checks done. | ||
Standby guardians are appointed when the appointing guardian completes an Appointment in Form 2 of the [http://canlii.ca/t/8rdx Family Law Act Regulation]. Testamentary guardians can be appointed through Form 2 or in the appointing guardian's will. | |||
==Parental responsibilities and parenting time== | ==Parental responsibilities and parenting time== | ||
