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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 20:06, 25 June 2019
, 20:06, 25 June 2019→Parental responsibilities and parenting time
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<blockquote><tt>(e) making decisions respecting the child's cultural, linguistic, religious and spiritual upbringing and heritage, including, if the child is an aboriginal child, the child's aboriginal identity;</tt></blockquote> | <blockquote><tt>(e) making decisions respecting the child's cultural, linguistic, religious and spiritual upbringing and heritage, including, if the child is an aboriginal child, the child's aboriginal identity;</tt></blockquote> | ||
<blockquote><tt>(f) subject to section 17 of the Infants Act, giving, refusing or withdrawing consent to medical, dental and other health-related treatments for the child;</tt></blockquote> | <blockquote><tt>(f) subject to section 17 of the Infants Act, giving, refusing or withdrawing consent to medical, dental and other health-related treatments for the child;</tt></blockquote> | ||
<blockquote><tt>(g) applying for a passport, | <blockquote><tt>(g) applying for a passport, license, permit, benefit, <span class="noglossary">privilege</span> or other thing for the child;</tt></blockquote> | ||
<blockquote><tt>(h) giving, refusing or withdrawing consent for the child, if consent is required;</tt></blockquote> | <blockquote><tt>(h) giving, refusing or withdrawing consent for the child, if consent is required;</tt></blockquote> | ||
<blockquote><tt>(i) receiving and responding to any notice that a parent or guardian is entitled or required by law to receive;</tt></blockquote> | <blockquote><tt>(i) receiving and responding to any notice that a parent or guardian is entitled or required by law to receive;</tt></blockquote> | ||
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<blockquote><tt>(2) During parenting time, a guardian may exercise, subject to an agreement or order that provides otherwise, the parental responsibility of making day-to-day decisions affecting the child and having day-to-day care, control and supervision of the child.</tt></blockquote> | <blockquote><tt>(2) During parenting time, a guardian may exercise, subject to an agreement or order that provides otherwise, the parental responsibility of making day-to-day decisions affecting the child and having day-to-day care, control and supervision of the child.</tt></blockquote> | ||
Basically, you have a few choices if it becomes important to formalize the parenting arrangements for a child. You can come up with an agreement with the other guardians, by negotiation, mediation, or a collaborative settlement process, or, if you can't agree, you can go to court or you can elect to use family law arbitration | Basically, you have a few choices if it becomes important to formalize the parenting arrangements for a child. You can come up with an agreement with the other guardians, by negotiation, mediation, or a collaborative settlement process, or, if you can't agree, you can go to court or you can elect to use family law arbitration to obtain a decision from a third party. Arbitration, like mediation, is an elective process. However, unlike mediation, in arbitration if the parties cannot agree, the arbitrator will make a final and binding decision. | ||
It sometimes takes a while for guardians to get to the point where they feel they must get something formal in place. Sometimes, people are just content with the status quo. In cases like this, where a stable parenting arrangement has managed to gel over time, s. 48 of the ''Family Law Act'' says that a guardian shouldn't make unilateral changes to those arrangements without talking to the other guardians first: | It sometimes takes a while for guardians to get to the point where they feel they must get something formal in place. Sometimes, people are just content with the status quo. In cases like this, where a stable parenting arrangement has managed to gel over time, s. 48 of the ''Family Law Act'' says that a guardian shouldn't make unilateral changes to those arrangements without talking to the other guardians first: | ||
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<blockquote><tt>(1) If</tt></blockquote> | <blockquote><tt>(1) If</tt></blockquote> | ||
<blockquote><blockquote><tt>(a) no agreement or order respecting parenting arrangements applies in respect of a child, and</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(a) no agreement or order respecting parenting arrangements applies in respect of a child, and</tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(b) the child's guardians have had in place informal parenting arrangements for a period of time sufficient for those parenting arrangements to have been established as a normal part of that child's routine, | <blockquote><blockquote><tt>(b) the child's guardians have had in place informal parenting arrangements for a period of time sufficient for those parenting arrangements to have been established as a normal part of that child's routine, a child's guardian must not change the informal parenting arrangements without consulting the other guardians who are parties to those arrangements, unless consultation would be unreasonable or inappropriate in the circumstances.</tt></blockquote> | ||
<blockquote><tt>(2) Nothing in subsection (1) prevents a child's guardian from seeking</tt></blockquote> | <blockquote><tt>(2) Nothing in subsection (1) prevents a child's guardian from seeking</tt></blockquote> | ||
<blockquote><blockquote><tt>(a) an agreement respecting parenting arrangements, or</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(a) an agreement respecting parenting arrangements, or</tt></blockquote></blockquote> | ||
