Grandparents and Extended Family Members: Difference between revisions
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People other than a child's parents can also have a legal interest in a child. Typically, these people are a child's blood relatives — grandparents, aunts, uncles and so forth — although there's no reason why someone else, like an unrelated long-term caregiver or a neighbour, couldn't also have an interest in the care and | People other than a child's parents can also have a legal interest in a child. Typically, these people are a child's blood relatives — grandparents, aunts, uncles and so forth — although there's no reason why someone else, like an unrelated long-term caregiver or a neighbour, couldn't also have an interest in the care and well-being of a child, or in having time with a child. | ||
This | This section talks about the claims a child's caregivers and extended family members can make to guardianship of a child, contact with a child, and child support. | ||
==Introduction== | ==Introduction== | ||
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===The ''Family Law Act''=== | ===The ''Family Law Act''=== | ||
The ''Family Law Act'' talks about ''guardians'' who have ''parental responsibilities'' and have ''parenting time'' with children, and about people who are not guardians who have ''contact'' with a child. | The ''Family Law Act'' talks about ''guardians'' who have ''parental responsibilities'' and who have ''parenting time'' with children, and about people who are not guardians who have ''contact'' with a child. | ||
If the child's guardians are already in court, a child's caregiver or extended family member can start a court proceeding, and ask that the new proceeding be ''joined'' to the proceeding between the guardians. Once that happens, the caregivers and extended family members can ask to vary any orders that have already been made between the guardians. | If the child's guardians are already in court, a child's caregiver or extended family member can start a court proceeding, and ask that the new proceeding be ''joined'' to the proceeding between the guardians. Once that happens, the caregivers and extended family members can ask to vary any orders that have already been made between the guardians. | ||
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===Orders and agreements=== | ===Orders and agreements=== | ||
This | This section 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 need to secure an order as they would freely give their permission. | |||
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: | 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 | * authorize the caregiver or extended family member to exercise certain parental responsibilities in relation to 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 | * 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. | * 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 | It's important to know, as you'll see further on in this section, 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== | ||
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Where the child winds up living mostly with a caregiver or extended family member, the caregiver or extended family member can ask for an order under the ''Family Law Act'' requiring either or both of the child's parents to pay child support to the person with whom the child lives. | Where the child winds up living mostly with a caregiver or extended family member, the caregiver or extended family member can ask for an order under the ''Family Law Act'' requiring either or both of the child's parents to pay child support to the person with whom the child lives. | ||
A child's caregivers and extended family members | A child's caregivers and extended family members cannot ask for orders for spousal support from a parent under the ''Divorce Act'' or the ''Family Law Act'' as they are not spouses of the parent. For the same reason, they cannot ask for orders about the division of family property and family debt against a parent under the ''Family Law Act''. | ||
===The care of children=== | ===The care of children=== | ||
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Since being appointed as a standby guardian or a guardian upon the death of a guardian both usually take some time, a caregiver or extended family member who feels the need to step in sooner rather than later will apply for appointment as the guardian of a child under s. 51. | Since being appointed as a standby guardian or a guardian upon the death of a guardian both usually take some time, a caregiver or extended family member who feels the need to step in sooner rather than later will apply for appointment as the guardian of a child under s. 51. | ||
Applications for appointment as a guardian can be difficult and time-consuming, and the court must be satisfied that the appointment is in the best interests of the child. | Applications for appointment as a guardian can be difficult and time-consuming, and the court must be satisfied that the appointment is in the best interests of the child. The person who is applying to become the guardian of a child, the ''applicant'', must fill out a special affidavit required by the Provincial Court Family Rules and the Supreme Court Family Rules that talks about: | ||
*the | *the applicant's relationship to the child, | ||
*the other children presently in the care of the | *the other children presently in the care of the applicant, | ||
*any history of family violence that might affect the child, and | *any history of family violence that might affect the child, and | ||
*any previous civil or criminal court proceedings related to the best interests of the child. | *any previous civil or criminal court proceedings related to the best interests of the child. | ||
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The parental responsibilities that someone can exercise under a written authorization are: | The parental responsibilities that someone can exercise under a written authorization are: | ||
*making day-to-day decisions affecting the child and having day-to-day care, control and supervision of the child, | *making day-to-day decisions affecting the child and having day-to-day care, control, and supervision of the child, | ||
*making decisions | *making decisions about whom the child will live with and associate with, | ||
*making decisions | *making decisions about the child's education and participation in extracurricular activities, | ||
*giving, refusing or withdrawing consent to medical, dental and other health-related treatments for the child, | *giving, refusing, or withdrawing consent to medical, dental and other health-related treatments for the child, | ||
*applying for a passport, licence or permit for the child, | *applying for a passport, licence or permit for the child, | ||
*giving, refusing or withdrawing consent for the child, if consent is required, | *giving, refusing, or withdrawing consent for the child, if consent is required, | ||
*receiving and responding to any notice that a parent or guardian is entitled or required by law to receive, and | *receiving and responding to any notice that a parent or guardian is entitled or required by law to receive, and | ||
*requesting and receiving from third parties health, education or other information respecting the child. | *requesting and receiving from third parties health, education, or other information respecting the child. | ||
Authorizations like these are mostly used when the child | Authorizations like these are mostly used when the child needs to go somewhere else to attend school and the guardian needs to make arrangements for the child to be looked after, when the guardian is seriously ill but going to recover, and when the guardian is going to be out of commission for awhile recovering from a surgery or treatment. | ||
=====Contact with a child===== | =====Contact with a child===== | ||
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* <span style="color: red;">bulleted list of other pages in this chapter, linked</span> | * <span style="color: red;">bulleted list of other pages in this chapter, linked</span> | ||
END HIDDEN---> | END HIDDEN---> | ||
== | ==Resouces and links== | ||
===Legislation=== | ===Legislation=== | ||
