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Difference between revisions of "Children and Parenting after Separation"
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Children and Parenting after Separation (view source)
Revision as of 18:30, 18 May 2013
, 18:30, 18 May 2013→Custody and guardianship after separation
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===Custody and guardianship after separation=== | ===Custody and guardianship after separation=== | ||
The old ''Family Relations Act'' made certain assumptions about who would have custody and guardianship of the children after a couple had separated. In general, the person who had the children most of the time was said to have ''de facto'' custody and guardianship of the children, meaning having custody and guardianship as a matter of fact rather than because of a court order. | The old ''Family Relations Act'' made certain assumptions about who would have custody and guardianship of the children after a couple had separated. In general, the person who had the children most of the time was said to have "''de facto'' custody" and "''de facto'' guardianship of the children, meaning having custody and guardianship as a matter of fact rather than because of a court order. | ||
Under s. 39 of the new ''[[Family Law Act]]'', while parents are living together and after they separate, both of them are presumed to the guardians of their children. These parents are guardians in fact and in law and do not need a court order to give them guardianship of their children. Other people who are presumed to be guardians are: | Under s. 39 of the new ''[[Family Law Act]]'', while parents are living together and after they separate, both of them are presumed to the guardians of their children. These parents are guardians in fact and in law and do not need a court order to give them guardianship of their children. Other people who are presumed to be guardians are: | ||
