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Difference between revisions of "Custody and Access"
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{{JP Boyd on Family Law TOC}} | {{JP Boyd on Family Law TOC}} | ||
Where a couple have children younger than the age of majority, decisions must be made about how the children will be brought up, who they will live with, and how they will be cared for. For many people, | Where a couple have children younger than the age of majority, decisions must be made about how the children will be brought up, who they will live with, and how they will be cared for. For many people, arguments about parenting issues like these are the most difficult parts of ending a relationship. Under the ''Divorce Act'', which applies just to married spouses, these issues are addressed through orders about ''custody'' and ''access''. | ||
This chapter talks about custody and access, and discusses the factors that govern awards of custody and access and the types orders about custody and access that can be made. | |||
This chapter | |||
'''JP NOT done. No gloss tags to be added, plus internal and external links.''' | '''JP NOT done. No gloss tags to be added, plus internal and external links.''' | ||
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==Introduction== | ==Introduction== | ||
The | The federal ''Divorce Act'' talks about the care of children in terms of custody and access. Custody is | ||
''guardians'' and the rights and duties they have in respect of the children in their care. Most of the time a child's parents will be the child's guardians, but other people can be guardians too, including people who have a court order appointing them as guardians and people who are made guardians by a guardian's will. | |||
Guardians raise the children in their care by exercising ''parental responsibilities'' in the best interests of the children. Parental responsibilities include deciding where a child goes to school, how a sick child is treated, whether a child is raised in a religion and what sports the child plays after school. All of a child's guardians can exercise all parental responsibilities, or parental responsibilities can be divided between guardians, so that only one or more guardians have the right to make decisions about a particular issue. | Guardians raise the children in their care by exercising ''parental responsibilities'' in the best interests of the children. Parental responsibilities include deciding where a child goes to school, how a sick child is treated, whether a child is raised in a religion and what sports the child plays after school. All of a child's guardians can exercise all parental responsibilities, or parental responsibilities can be divided between guardians, so that only one or more guardians have the right to make decisions about a particular issue. | ||