Children and Parenting after Separation: Difference between revisions
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The [[Parenting after Separation]] section talks about some very important issues that don't involve the courts and the legislation but are equally important: how to protect children from the conflict between their parents, how to develop parenting plans, and how to locate resources that are available to separating and separated parents. When parents separate, there is a lot more at stake than just where the children are going to be living tomorrow. Parents have an obligation to think in the long-term, and take a perspective that sees years down the road. How is their conflict going to affect their children? How can both parents maintain a meaningful role in their children's lives? How will the children adapt to the separation? When the children are older and look back on their childhood, what will they think of the separation? And, perhaps most importantly, how can the children best be helped to grow and mature into adults with families of their own? | The [[Parenting after Separation]] section talks about some very important issues that don't involve the courts and the legislation but are equally important: how to protect children from the conflict between their parents, how to develop parenting plans, and how to locate resources that are available to separating and separated parents. When parents separate, there is a lot more at stake than just where the children are going to be living tomorrow. Parents have an obligation to think in the long-term, and take a perspective that sees years down the road. How is their conflict going to affect their children? How can both parents maintain a meaningful role in their children's lives? How will the children adapt to the separation? When the children are older and look back on their childhood, what will they think of the separation? And, perhaps most importantly, how can the children best be helped to grow and mature into adults with families of their own? | ||
There's a lot more to dealing with the care of children after separation than what you'll find in the ''Divorce Act'' and the ''Family Law Act''. The romantic relationship between the parents may be over, but they'll always be parents no matter the nature of their relationship with each other. Parents owe a duty to their children to overcome their differences and always put their children first, no matter how hard it is to cope with the emotional and legal issues that arise from their separation. | There's a lot more to dealing with the care of children after separation than what you'll find in the ''Divorce Act'' and the ''Family Law Act''. The romantic relationship between the parents may be over, but they'll always be parents no matter the nature of their relationship with each other. Parents owe a positive duty to their children to overcome their differences and always put their children first, no matter how hard it is to cope with the emotional and legal issues that arise from their separation. | ||
===The ''Divorce Act'' and the ''Family Law Act''=== | ===The ''Divorce Act'' and the ''Family Law Act''=== | ||
For married spouses, the law about children after separation is governed by the federal ''Divorce Act'' as well as the provincial ''Family Law Act''. For unmarried spouses and other unmarried couples, the only law that applies is the ''Family Law Act''. Although married spouses can ask for orders under both the ''Divorce Act'' and the ''Family Law Act'', it's best to pick one or the other. This is because the two laws approach the care of children with different attitudes and use different language. | For married spouses, the law about children after separation is governed by the federal ''Divorce Act'' as well as the provincial ''Family Law Act''. For unmarried spouses and other unmarried couples, the only law that applies is the ''Family Law Act''. Although married spouses can ask for orders under both the ''Divorce Act'' and the ''Family Law Act'', it's best to pick one or the other. This is because the two laws approach the care of children with different attitudes and use different language. | ||
If parties disagree over which act applies, be prepared to understand what ''paramountcy'' is. The doctrine of paramountcy says that provincial laws must give way to federal laws if there is a conflict between the two, even if both laws are otherwise valid and even if either could apply. The ''Divorce Act'' is federal, so it will likely apply first to custody or access disputes around children of married spouses. Again, this is only if there is disagreement about which act the married spouses agreed to use. | |||
While both the ''Divorce Act'' and the ''Family Law Act'' speak about the best interests of children, the ''Divorce Act'' contains the concept of ''maximum contact'' (between the child and both parents), that is not included in the ''Family Law Act''. | |||
As all ''Divorce Act'' matters proceed in the Supreme Court of British Columbia, and the ''Family Law Act'' being relatively new (it “came into force” on March 18, 2013), there are a number of cases that consider which of these two acts should apply and how they work together. A good summary is found in [http://canlii.ca/t/gf1gz Jirh v. Jirh]'', 2014 BCSC 1973. | |||
====Custody and access==== | ====Custody and access==== | ||
