Grandparents and Extended Family Members: Difference between revisions
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Grandparents and Extended Family Members (view source)
Revision as of 12:21, 10 April 2013
, 10 April 2013→The Family Law Act
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If the guardians are not in court, a child's caregiver and extended family member can start a court proceeding against the guardians and ask for orders about the children. | If the guardians are not in court, a child's caregiver and extended family member can start a court proceeding against the guardians and ask for orders about the children. | ||
===Orders and agreements==== | |||
This page talks about the orders available to children's caregivers and extended family members and is written on the assumption that someone who is interested in securing a right to involvement in a child's life will be going to court to secure that right. After all, if the child's parents or guardians were okay with the kind of involvement the person is looking for, there'd be no secure the sort of involvement sought. However, there's no reason at all why the child's parents or guardians and the caregiver or extended family member couldn't make an agreement on the issue instead of going to court. | |||
A family law agreement is a contract between two or more people that is enforceable by the courts, just like any other kind of contract. The sort of agreement a child's caregiver and extended family member would want to sign might: | |||
* authorize the caregiver or extended family member to exercise certain parental responsibilities in respect of the child, under s. 43(2) of the ''Family Law Act'', | |||
* provide the caregiver or extended family member with specific rights of contact with the child, under s. 58(1) of the act, or | |||
* if the child is living with the caregiver or extended family member, require one or more parents or guardians to provide child support to the caregiver or extended family member, under s. 147(1) of the act. | |||
It's important to know, as you'll see further on in this page, that a child's guardians cannot make an agreement appointing anyone other than a parent as a guardian. Only the court can make someone other than a parent a guardian, and that requires an application to court and a court order. | |||
==Rights and responsibilities of caregivers and extended family== | ==Rights and responsibilities of caregivers and extended family== | ||
