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Difference between revisions of "Parenting Orders, Guardianship, and Contact (3:XI)"
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Parenting Orders, Guardianship, and Contact (3:XI) (view source)
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Guardianship may be the most important aspect of any legal arrangements concerning the care and control of the children. Guardianship encompasses the whole bundle of rights and obligations involved in parenting a child, including making decisions about the child’s school, moral instruction, religion, health care, dental care, extracurricular activities, etc. | Guardianship may be the most important aspect of any legal arrangements concerning the care and control of the children. Guardianship encompasses the whole bundle of rights and obligations involved in parenting a child, including making decisions about the child’s school, moral instruction, religion, health care, dental care, extracurricular activities, etc. | ||
When they are still together, parents are presumed to be joint guardians, playing a “full and active role” in the upbringing of the child (see e.g. ''Charlton v Charlton''). Upon marital breakdown, this can change either by agreement, by order of the Court, or by the operation of section 39 of the ''FLA'', which defines whether someone is a guardian. | When they are still together, parents are presumed to be joint guardians, playing a “full and active role” in the upbringing of the child (see ''e.g.'' [http://canlii.ca/t/23r7t ''Charlton v Charlton'']). Upon marital breakdown, this can change either by agreement, by order of the Court, or by the operation of section 39 of the ''FLA'', which defines whether someone is a guardian. | ||
Under the ''FLA'', guardianship is primarily governed by sections 39, 41, and 42. | Under the ''FLA'', guardianship is primarily governed by sections 39, 41, and 42. | ||
