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Difference between revisions of "Children and Parenting after Separation"

From Clicklaw Wikibooks
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<blockquote>"The law no longer treats children as the property of those who gave them birth but focuses on what is in their best interests."</blockquote>
<blockquote>"The law no longer treats children as the property of those who gave them birth but focuses on what is in their best interests."</blockquote>


Nevertheless, grandparents and other non-parents seeking custody or guardianship of a child will face a difficult challenge, especially where both guardians are still in the picture, even if they have been actively involved in caring for the children themselves. Since actual, concrete harm must usually be shown before grandparents are awarded custody, it can be critical to gather as much documentary evidence as possible. Some helpful sources include: police records; the records of social workers involved with the children; files from the Ministry for Children and Families; and, a psychologist's report.
Nevertheless, grandparents and other non-parents who are seeking custody or guardianship of a child will face a difficult challenge, especially where both guardians are still in the picture, even if they have been actively involved in caring for the children themselves. Since actual, concrete harm must usually be shown before grandparents are awarded custody, it can be critical to gather as much documentary evidence as possible. Some helpful sources include: police records; the records of social workers involved with the children; files from the Ministry for Children and Families; and, a psychologist's report.


Factors that the courts have taken into consideration in awarding custody to a non-parent have included:
Factors that the courts have taken into consideration in awarding custody to a non-parent have included:
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#poor parenting skills on the part of the guardian.
#poor parenting skills on the part of the guardian.


Grandparents and other non-parents shouldn't be too discouraged by the generally pessimistic tone of this discussion. There are quite a few cases in which grandparents have been awarded custody of their grandchildren; it is possible to succeed on a custody application, although the chances of success depend wholly on the circumstances of each case.
Grandparents and other non-parents shouldn't be too discouraged by the generally pessimistic tone of this discussion. There are quite a few cases in which grandparents have been awarded custody of their grandchildren. It is possible to succeed on a custody application, although the chances of success depend wholly on the circumstances of each case.


===Access and Contact===
===Access and Contact===
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