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Basic Principles of Parenting after Separation: Difference between revisions

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Basic Principles of Parenting after Separation (view source)

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*their involvement with other court proceedings involving children under the ''Family Law Act'', the old ''Family Relations Act'', the ''[https://canlii.ca/t/51znt Child, Family and Community Service Act]'', and the ''[[Divorce Act]]''.
*their involvement with other court proceedings involving children under the ''Family Law Act'', the old ''Family Relations Act'', the ''[https://canlii.ca/t/51znt Child, Family and Community Service Act]'', and the ''[[Divorce Act]]''.


Before the Guardianship Affidavit in Form 5 can be signed and filed, however, the applicant will need to obtain three record checks:
Before the Guardianship Affidavit in Form 5 can be signed and filed with the court, the applicant will need to obtain three record checks:


#a ''child protection record check'' from the British Columbia Ministry of Children and Family Development,
#a ''child protection record check'' from the British Columbia Ministry of Children and Family Development,
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#a ''criminal record check''.  
#a ''criminal record check''.  


These record checks need to be recent ones. They are not supposed to be more than 60 days old when the Guardianship Affidavit in Form 5 is filed in Provincial Court. Once all three of these record checks are collected, they need to attach them as exhibits to the Form 5 affidavit.
These record checks must be recent and not more than 60 days old when the Guardianship Affidavit in Form 5 is filed in Provincial Court. Once collected together, the need to attach them as exhibits to the Form 5 affidavit.


For the Supreme Court, Rule 15-2.1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] says much the same thing, and also requires a special affidavit with the same three records checks added as exhibits. The special affidavit, Form F101, must be signed not more than 28 days before the hearing where people will present arguments, or not more than seven days before being filed in court if there will not be a hearing. The records checks must be dated no more than 60 days before the date of the hearing.
For the Supreme Court, Rule 15-2.1 of the [https://canlii.ca/t/8mcr Supreme Court Family Rules] says much the same thing, and also requires a special affidavit with the same three records checks added as exhibits. The special affidavit, Form F101, must be signed not more than 28 days before the hearing where people will present arguments, or not more than seven days before being filed in court if there will not be a hearing. The records checks must be dated no more than 60 days before the date of the hearing.


To get a criminal records check, go to your local police station. The forms required to get the Ministry of Children and Family Development records check and the Protection Order Registry records check can be found online from the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms Ministry of Justice]. The forms you'll need are:
Where do you get these three records checks?
#'''Consent for Child Protection Record Check''': This form must be signed in front of a [https://www.courthouselibrary.ca/how-we-can-help/our-legal-knowledge-base/commissioner-taking-affidavits commissioner for taking affidavits], such as a lawyer, a notary public or a registrar of the Supreme Court. Submit the completed form to the court registry where you're making your application.
*To get a criminal records check, go to your local police station.  
#'''Request for Protection Order Registry Search''': This form must also be submitted to the court registry where the application is being made.
*The forms required to get the Ministry of Children and Family Development records check and the Protection Order Registry records check can be found online from the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms Ministry of Justice]. The forms you'll need are:
*#'''Consent for Child Protection Record Check''': This form must be signed in front of a [https://www.courthouselibrary.ca/how-we-can-help/our-legal-knowledge-base/commissioner-taking-affidavits commissioner for taking affidavits], such as a lawyer, a notary public or a registrar of the Supreme Court. Submit the completed form to the court registry where you're making your application.
*#'''Request for Protection Order Registry Search''': This form must also be submitted to the court registry where the application is being made.


====Becoming a guardian by will or a standby appointment====
====Becoming a guardian by will or a standby appointment====
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Parents and anyone else can be made a guardian if they have been appointed by a guardian as a "testamentary guardian" under section 53 of the ''[[Family Law Act]]'' or as a "standby guardian" under section 55. Guardians who are appointed in this way don't need to make an application under section 51 and don't need to worry about filing the special affidavit or getting records checks done.
Parents and anyone else can be made a guardian if they have been appointed by a guardian as a "testamentary guardian" under section 53 of the ''[[Family Law Act]]'' or as a "standby guardian" under section 55. Guardians who are appointed in this way don't need to make an application under section 51 and don't need to worry about filing the special affidavit or getting records checks done.


''Testamentary guardians'' can be appointed in the appointing guardian's will or if the guardian completes an Appointment of Standby or Testamentary Guardian in Form 2 of the [http://canlii.ca/t/8rdx Family Law Act Regulation]. Their appointment takes effect when the appointing guardian dies.  
''Testamentary guardians'' can be appointed in the appointing guardian's will or if the guardian completes an Appointment of Standby or Testamentary Guardian in Form 2 of the [https://canlii.ca/t/8rdx Family Law Act Regulation]. Their appointment takes effect when the appointing guardian dies.  


''Standby guardians'' are appointed when the appointing guardian completes an Appointment of Standby or Testamentary Guardian, and their appointment takes effect when the conditions of the appointment are met, usually through a letter from a medical professional confirming that the appointing guardian has a terminal illness or a permanent mental incapacity.  
''Standby guardians'' are appointed when the appointing guardian completes an Appointment of Standby or Testamentary Guardian, and their appointment takes effect when the conditions of the appointment are met, usually through a letter from a medical professional confirming that the appointing guardian has a terminal illness or a permanent mental incapacity.  
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Under section 55 of the ''[[Family Law Act]]'', when a guardian is facing a terminal illness or permanent loss of mental capacity, the guardian can appoint someone else to become a guardian of the child when they become incapable of continuing to act in that capacity.
Under section 55 of the ''[[Family Law Act]]'', when a guardian is facing a terminal illness or permanent loss of mental capacity, the guardian can appoint someone else to become a guardian of the child when they become incapable of continuing to act in that capacity.


Appointments are made by filling out an Appointment of Standby or Testamentary Guardian in Form 2 of the [http://canlii.ca/t/8rdx Family Law Act Regulation]. The appointing guardian must sign the form in the presence of two witnesses, neither of whom can be the guardian being appointed. The form must state the conditions that have to be met for the appointment to take effect, such as a doctor's certificate of incapacity. The appointing guardian cannot give a standby guardian any more parental responsibilities than those the appointing guardian had at the time of the appointment.
Appointments are made by filling out an Appointment of Standby or Testamentary Guardian in Form 2 of the [https://canlii.ca/t/8rdx Family Law Act Regulation]. The appointing guardian must sign the form in the presence of two witnesses, neither of whom can be the guardian being appointed. The form must state the conditions that have to be met for the appointment to take effect, such as a doctor's certificate of incapacity. The appointing guardian cannot give a standby guardian any more parental responsibilities than those the appointing guardian had at the time of the appointment.


For the appointment to be effective, the person appointed as a standby guardian must accept the appointment.
For the appointment to be effective, the person appointed as a standby guardian must accept the appointment.
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Second, a lot of really important decisions aren't limited to a particular schedule of parenting time. Decisions about children's education, healthcare, diet and religious instruction affect the children no matter whose home they're living at. Handling these decisions requires either that one parent have sole responsibility for the decision, that the parents must consult each other about the decision, or that the decision is given to a judge or an arbitrator to resolve.  
Second, a lot of really important decisions aren't limited to a particular schedule of parenting time. Decisions about children's education, healthcare, diet and religious instruction affect the children no matter whose home they're living at. Handling these decisions requires either that one parent have sole responsibility for the decision, that the parents must consult each other about the decision, or that the decision is given to a judge or an arbitrator to resolve.  


A helpful 2004 decision of the Provincial Court, [http://canlii.ca/t/1jptk J.R. v S.H.C.], talks about parallel parenting at length. In this arrangement, the court said that:
A helpful 2004 decision of the Provincial Court, [https://canlii.ca/t/1jptk J.R. v S.H.C.], talks about parallel parenting at length. In this arrangement, the court said that:


*one parent assumes complete responsibility for the children when they are with them,
*one parent assumes complete responsibility for the children when they are with them,
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*when the parents must communicate, they do so by writing in a book that the children take with them from one home to the other.
*when the parents must communicate, they do so by writing in a book that the children take with them from one home to the other.


An example of parallel parenting being ordered can be found in [http://canlii.ca/t/g8rp5 Sodhi v Sodhi], a 2014 decision of the Supreme Court.
An example of parallel parenting being ordered can be found in [https://canlii.ca/t/g8rp5 Sodhi v Sodhi], a 2014 decision of the Supreme Court.


Parallel parenting is not a term you will find in either the ''Family Law Act'' or the ''Divorce Act''.
Parallel parenting is not a term you will find in either the ''Family Law Act'' or the ''Divorce Act''.
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===Links===
===Links===


* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/pas Ministry of Attorney General's website "Parenting After Separation (PAS) Program"]
* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/pas Parenting After Separation (PAS) Courses] information
* [https://www.justiceeducation.ca/pas Justice Education Society's workshop Parenting After Separation] (online and in-person options)
*[https://parenting-after-separation.jibc.ca/ Parenting After Separation] course from the BC Ministry of Attorney General's Family Justice Services Division
* [https://clicklaw.bc.ca/resource/1246 Dial-A-Law Script "Guardianship, Parenting Arrangements, and Contact"]
* [https://dialalaw.peopleslawschool.ca/custody-guardianship-parenting/ Guardianship, Parenting Arrangements, and Contact] from Dial-a-Law by the People's Law School
* [https://clicklaw.bc.ca/resource/2639 Legal Aid BC's fact sheet "How to Become A Child's Guardian"]
* [https://family.legalaid.bc.ca/resources/how-become-childs-guardian How to Become a Child's Guardian] fact sheet from Legal Aid BC
* [https://clicklaw.bc.ca/resource/4655 Legal Aid BC's Family Law website's information page on "Parenting & guardianship"]
* [https://family.legalaid.bc.ca/children/parenting-guardianship Parenting and Guardianship] from Legal Aid BC
* [https://clicklaw.bc.ca/question/commonquestion/1007 Clicklaw Common Question "We can’t agree about who the children should live with"]
* [https://family.legalaid.bc.ca/resources/living-together-or-living-apart Living Together or Living Apart]
* [https://www.justice.gc.ca/eng/fl-df/parent/mp-fdp/index.html Department of Justice's guide ''Making plans: A guide to parenting arrangements after separation or divorce'']


{{REVIEWED | reviewer = [[JP Boyd]], 23 August 2022}}
{{REVIEWED | reviewer = [[JP Boyd]], 23 August 2022}}
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