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Difference between revisions of "Parenting Orders, Guardianship, and Contact (3:XI)"
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Parenting Orders, Guardianship, and Contact (3:XI) (view source)
Revision as of 21:33, 30 April 2016
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*(l) exercising any other responsibilities reasonably necessary to nurture the child's development. | *(l) exercising any other responsibilities reasonably necessary to nurture the child's development. | ||
Section 42 of the ''FLA'' defines parenting time as time that a child is with a guardian. During this parenting time, a guardian may exercise the parental responsibility of making day-to-day decisions | Section 42 of the ''FLA'' defines parenting time as time that a child is with a guardian. During this parenting time, a guardian may exercise the parental responsibility of making day-to-day decisions affecting the child and having day-to-day care, control and supervision of the child. | ||
Additionally, Division 6 of Part 4 of the new ''FLA'' states that if you are a child’s guardian and you want to relocate with the child, you must give any other person who can contact the child 60 days’ notice which includes both the date of the relocation and the name of the proposed location. The Court may not grant an exemption to give notice if it is satisfied that notice cannot be given without incurring a risk of family violence by another guardian or a person having contact with the child or there is no ongoing relationship between the child and the other guardian or the person having contact with the child. Once notice is given, a child’s guardians and persons having contact with the child must use their best efforts to resolve any issues relating to the proposed relocation. The proposed relocation may occur unless another guardian of the child files an application to prohibit the relocation within 30 days of receiving notice. The Court will make its decision based on s 37 of the ''FLA'' considering what would be in the best interests of the child. | |||
=== 1. Guardianship === | |||
==== a) Sole Guardianship ==== | |||
Sole Guardianship and Joint Guardianship are not terms used in the ''FLA''. The parents or a court may decide that one parent should be the sole guardian. This terminates the presumption of guardianship for the other parent. This is an extreme step, taken only when one parent has been shown to be either uninterested in or incapable of proper parenting. | |||
==== b) Joint Guardianship ==== | |||
A court will order or the parents will agree to joint guardianship, setting out the party’s duties to one another in some detail. The standard arrangement under the ''FLA'', set out below, is known as the Joyce Model, a set of rules frequently incorporated in court orders and separation agreements, despite not being explicitly cited by the new act or its interpretors. | |||
The parties are to share joint guardianship of the child, defined as follows: | |||
*a) the parents are to be the joint guardians of the estate of the child; | |||
*b) in the event of the death of either parent, the remaining parent will be the sole guardian of the person of the child; | |||
*c) the parent who has the primary responsibility for the day-to-day care of the child will have the obligation to advise the other parent of any matters of a significant nature affecting the child; | |||
*d) the parent who has primary care will have the obligation to discuss with the other parent any significant decisions which have to be made concerning the child, including significant decisions concerning the health (except emergency decisions), education, religious instruction, and general welfare of the child; | |||
*e) the parent who does not have primary care will have the obligation to discuss the foregoing issues with the parent and each parent shall have the obligation to try to reach agreement on those major decisions; | |||
*f) in the event that the parents cannot reach agreement with respect to any major decision despite their best efforts, the primary care parent shall have the right to make such decision; | |||
*g) the other parent shall have the right to seek a review of any decision which that parent considers contrary to the best interest of the child; and | |||
*h) each parent will have the right to obtain information concerning the child directly from third parties, including but not limited to teachers, counsellors, medical professionals, and third party care givers. | |||
Under the ''FLA'', the standard Guardianship provisions have changed somewhat to reference the sharing of responsibilities set out at Section 41 of the ''FLA'' with a decision making clause in the event that the parties cannot agree on how to exercise a particular responsibility. | |||