Introduction to Family Law in British Columbia: Difference between revisions
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Introduction to Family Law in British Columbia (view source)
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The ''Family Law Act'' talks about these issues in terms of ''parental responsibilities'', ''parenting time'' and ''contact''. People who are guardians, usually parents, have parental responsibilities and parenting time. Someone who isn't a guardian, which might include a parent who isn't a guardian, has contact with a child. | The ''Family Law Act'' talks about these issues in terms of ''parental responsibilities'', ''parenting time'' and ''contact''. People who are guardians, usually parents, have parental responsibilities and parenting time. Someone who isn't a guardian, which might include a parent who isn't a guardian, has contact with a child. | ||
Parental responsibilities are all about parenting. They include making decisions about where the children go to school, how they are treated when they get sick, whether they <span class="noglossary">will</span> play sports or take music lessons, and about the religion they <span class="noglossary">will</span> be taught. Parental responsibilities can be shared between guardians or divided between them, so that only | Parental responsibilities are all about parenting. They include making decisions about where the children go to school, how they are treated when they get sick, whether they <span class="noglossary">will</span> play sports or take music lessons, and about the religion they <span class="noglossary">will</span> be taught. Parental responsibilities can be shared between guardians or divided between them, so that only one guardian can make decisions about a particular parenting issue. When more than one guardian share a parental responsibility, the guardians must try to work together to make decisions about that issue. | ||
Parenting time and contact are the terms used to describe the schedule of the child's time between guardians and people who are not guardians. | Parenting time and contact are the terms used to describe the schedule of the child's time between guardians and people who are not guardians. | ||
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Normally a parent pays the exact amount of child support the Guidelines tables say should be paid. A parent can pay a smaller amount if the children's time is shared almost equally between the parents, if one or more children live with each parent or if paying the amount required by the Guidelines would cause serious financial hardship. | Normally a parent pays the exact amount of child support the Guidelines tables say should be paid. A parent can pay a smaller amount if the children's time is shared almost equally between the parents, if one or more children live with each parent or if paying the amount required by the Guidelines would cause serious financial hardship. | ||
The basic amount of child support is intended to cover most of the children's expenses. Some expenses, called extraordinary expenses, are not covered in this basic amount. Typically, extraordinary expenses are expenses like daycare and orthodontics | The basic amount of child support is intended to cover most of the children's expenses. Some expenses, called extraordinary expenses, are not covered in this basic amount. Typically, extraordinary expenses are expenses like daycare and orthodontics - big, important expenses that most but not all children need. | ||
Where the children have extraordinary expenses, the parents contribute to those expense in proportion to their incomes. For example, if one parent earns $30,000 per year and the other earns $20,000, the first parent would have to pay 60% of an extraordinary expense and the other would have to pay 40%. | Where the children have extraordinary expenses, the parents contribute to those expense in proportion to their incomes. For example, if one parent earns $30,000 per year and the other earns $20,000, the first parent would have to pay 60% of an extraordinary expense and the other would have to pay 40%. | ||
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In Canada, men and women have exactly the same rights. There is no difference between the rights a man has and the rights that a woman has, whether they are married to each other or not. Men do not have the right to control women or tell them what they may and may not do, even if a couple are married spouses or unmarried spouses. | In Canada, men and women have exactly the same rights. There is no difference between the rights a man has and the rights that a woman has, whether they are married to each other or not. Men do not have the right to control women or tell them what they may and may not do, even if a couple are married spouses or unmarried spouses. | ||
Our courts are open to everybody who lives in Canada, not to | Our courts are open to everybody who lives in Canada, not only to people who have Canadian citizenship. People who are new to Canada can make a claim in court, regardless of their citizenship status, and regardless of whether they are a landed immigrant or not. | ||
There is no law that requires someone who is unhappy in a marriage to stay in that marriage. If someone wants to leave a relationship, he or she can, and that person does not need the permission or agreement of the other spouse to leave. | There is no law that requires someone who is unhappy in a marriage to stay in that marriage. If someone wants to leave a relationship, he or she can, and that person does not need the permission or agreement of the other spouse to leave. | ||
