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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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In addition to custody, courts can also make decisions regarding guardianship of minor children. Guardianship gives a parent or other person “a full and active” role in determining the course of a child’s life and upbringing (see ''e.g.'' [http://canlii.ca/t/23r7t ''Charlton v Charlton'', [1980<nowiki>]</nowiki> BCJ No 22]). There is considerable overlap between the two, but it is useful to note that while having custody usually includes having guardianship, the reverse is often not true. This distinction is impacted somewhat by the ''FLA'' as the term “Guardianship” subsumes all the rights and responsibilities of a parent and there is no longer reference to “Custody”. | In addition to custody, courts can also make decisions regarding guardianship of minor children. Guardianship gives a parent or other person “a full and active” role in determining the course of a child’s life and upbringing (see ''e.g.'' [http://canlii.ca/t/23r7t ''Charlton v Charlton'', [1980<nowiki>]</nowiki> BCJ No 22]). There is considerable overlap between the two, but it is useful to note that while having custody usually includes having guardianship, the reverse is often not true. This distinction is impacted somewhat by the ''FLA'' as the term “Guardianship” subsumes all the rights and responsibilities of a parent and there is no longer reference to “Custody”. | ||
The case law on custody and guardianship has developed to the point where there is a presumption in favour of joint custody | The case law on custody and guardianship has developed to the point where there is a presumption in favour of joint custody or both parents being guardians(although there is no legislative presumption). A parent seeking sole custody will generally have to show that there is a serious defect in the other person’s parenting skills, that the other person is geographically distant, or that the parents are utterly unable to communicate without fighting before the Court will consider granting such an application, and in the last case, the Court may explore other options such as Parenting Coordination or parcelling out decision making and responsibilities to address the communication issue instead of granting sole custody to one parent. | ||
== B. Legislation == | == B. Legislation == | ||
