Difference between revisions of "Children and Parenting after Separation"

According to s. 16(1) of the ''Divorce Act'', the court can make an order for ''access'' or ''custody'' on the application of a spouse or "any other person." Section 16(3), however, says that an "other person" must get the court's permission before bringing on such an application.

Since we're talking about the ''Divorce Act'', a court proceeding must have already started between married spouses or formerly married spouses before the grandparents can step in; there must be an existing proceeding in which to bring the application. A grandparent cannot start a court proceeding under the ''Divorce Act'', since the Act only applies to disputes between married spouses.

Any person can apply to be appointed as the guardian of a child under s. 51 of the Act. However, these applications can be difficult and time-consuming and the court must be satisfied that the appointment is in the best interests of the child. A person who is applying to become the guardian of a child, an ''applicant'', ''must'' fill out a special affidavit required by the [http://canlii.ca/t/85pb Provincial Court (Family) Rules] and the [http://canlii.ca/t/8mcr Supreme Court Family Rules]

Any person can apply for contact with a child under s. 59 of the Act. The court must be satisfied that the contact asked for is in the best interests of the child. People who are applying for contact don't need to get a criminal records check or an MCFD records check done.