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Difference between revisions of "Children and Parenting after Separation"
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Children and Parenting after Separation (view source)
Revision as of 18:27, 18 May 2013
, 18:27, 18 May 2013→The Divorce Act and the Family Law Act
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===The ''Divorce Act'' and the ''Family Law Act''=== | ===The ''Divorce Act'' and the ''Family Law Act''=== | ||
For married spouses, the law about children after separation is governed by the federal ''Divorce Act'' as well as the provincial ''Family Law Act''. For unmarried spouses and other unmarried couples, the only | For married spouses, the law about children after separation is governed by the federal ''Divorce Act'' as well as the provincial ''Family Law Act''. For unmarried spouses and other unmarried couples, the only law that applies is the ''Family Law Act''. Although married spouses can ask for orders under both the ''Divorce Act'' and the ''Family Law Act'', it's best to pick one or the other. This is because the two laws approach the care of children with different attitudes and use different language. | ||
====Custody and access==== | ====Custody and access==== | ||
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Guardians are usually, but not always, the parents of a child, including people who are parents because of an assisted reproduction agreement. A parent who isn't a guardian can become a guardian by an agreement signed by all of the child's guardians. However, if the parent and the guardians can't agree, the parent will have to apply to court to be appointed as a guardian. | Guardians are usually, but not always, the parents of a child, including people who are parents because of an assisted reproduction agreement. A parent who isn't a guardian can become a guardian by an agreement signed by all of the child's guardians. However, if the parent and the guardians can't agree, the parent will have to apply to court to be appointed as a guardian. | ||
Someone who isn't a parent can usually only be appointed the guardian of a child by a court order. | |||
====Parenting time and contact==== | ====Parenting time and contact==== | ||
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Under the ''Family Law Act'', a guardian's time with a child is called ''parenting time''. During a guardian's parenting time, the guardian is responsible for the care of the child and is entitled to make basic day-to-day decisions for the child. | Under the ''Family Law Act'', a guardian's time with a child is called ''parenting time''. During a guardian's parenting time, the guardian is responsible for the care of the child and is entitled to make basic day-to-day decisions for the child. | ||
The schedule of a child's time with someone who isn't a guardian is ''contact''. | The schedule of a child's time with someone who isn't a guardian is called ''contact''. | ||
===The best interests of the children=== | ===The best interests of the children=== | ||