Guardianship, Parenting Arrangements and Contact: Difference between revisions
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Guardianship, Parenting Arrangements and Contact (view source)
Revision as of 00:23, 24 April 2013
, 24 April 2013→Being a guardian
Gayla Reid (talk | contribs) |
Gayla Reid (talk | contribs) |
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People who are guardians because of s. 39 are guardians and don't need to ask for an order saying they are guardians. This is really important because if you don't need to start a court proceeding to become a guardian, you shouldn't. | People who are guardians because of s. 39 are guardians and don't need to ask for an order saying they are guardians. This is really important because if you don't need to start a court proceeding to become a guardian, you shouldn't. | ||
That said, it's unlikely that too many people are going to be aware of the presumptions of guardianship s. 39 talks about, and you may have problems dealing with people like doctors, teachers, police and border guards. First of all, it's unlikely that these people will have read the ''[[Family Law Act]]''. Secondly, how would they know that you lived with the other parent after the child's birth? What you might want to get is an agreement that says "Brenda is the guardian of the child Max" | That said, it's unlikely that too many people are going to be aware of the presumptions of guardianship s. 39 talks about, and you may have problems dealing with people like doctors, teachers, police and border guards. First of all, it's unlikely that these people will have read the ''[[Family Law Act]]''. Secondly, how would they know that you lived with the other parent after the child's birth? What you might want to get is an agreement that says "Brenda is the guardian of the child Max," or the declaration of a judge, called a ''declaratory order'', confirming your status in relation to your child. | ||
Parents who think they are guardians because they "regularly care" for their child will also want some kind of confirmation that they are their child's guardian. Obviously "regular care" is a matter of <span class="noglossary">opinion</span>, and it's easy to imagine a guardian not wanting to have to share that responsibility with someone else. Clearly some kind of decision or declaration will need to be made saying whether or not the parent is a guardian. | Parents who think they are guardians because they "regularly care" for their child will also want some kind of confirmation that they are their child's guardian. Obviously "regular care" is a matter of <span class="noglossary">opinion</span>, and it's easy to imagine a guardian not wanting to have to share that responsibility with someone else. Clearly some kind of decision or declaration will need to be made saying whether or not the parent is a guardian. | ||