Anonymous

Difference between revisions of "Children and Parenting after Separation"

From Clicklaw Wikibooks
Line 137: Line 137:
The [[Child Support Guidelines]] (often simply called the ''Guidelines'') is a regulation to the ''[[Divorce Act]]'' that has been adopted by almost every province, including British Columbia. The Guidelines talks about how child support should be calculated, but along the way it also talks about how the children's time is shared between their parents, since that can have an impact on the calculation of child support.
The [[Child Support Guidelines]] (often simply called the ''Guidelines'') is a regulation to the ''[[Divorce Act]]'' that has been adopted by almost every province, including British Columbia. The Guidelines talks about how child support should be calculated, but along the way it also talks about how the children's time is shared between their parents, since that can have an impact on the calculation of child support.


Parents have ''split custody'' of their children, under s. 8 of the Guidelines, when one or more of the children live with each parent most of the time. This sort of arrangement is pretty rare because it means that siblings will be separated from each other for significant periods of time. Parents can agree to split custody, or this arrangement can be ordered where the court finds good evidence that having the children live apart is in their best interests. This might be the case when the children don't get along with each other and are constantly fighting, or where it can be proved that one or more but not all of the children will be better off with the other parent.
Parents have ''split custody'' of their children, under s. 8 of the Guidelines, where each spouse has custody of one or more children. So, if there are two parents and two children, and each parent has one child living with them most of the time, there is a split custody arrangement. If there are four children, and the oldest three live with their dad most of the time, but the youngest child lives with his mom most of the time, this is also a split custody arrangement. This sort of arrangement is pretty rare because it means that siblings will be separated from each other for significant periods of time. Parents can agree to split custody, or this arrangement can be ordered where the court finds good evidence that having the children live apart is in their best interests. This might be the case when the children don't get along with each other and are constantly fighting, or where it can be proved that one or more but not all of the children will be better off with the other parent.


Parents have ''shared custody'', under s. 9 of the Guidelines, when the children spend an equal or almost equal amount of time in each of the parents' homes. The court recognizes that an arrangement that children live with a parent at least 40% of the time is a shared custody arrangement. This sort of arrangement is becoming increasingly common.
Parents have ''shared custody'', under s. 9 of the Guidelines, when the children spend an equal or almost equal amount of time in each of the parents' homes. The court recognizes that an arrangement that children live with a parent at least 40% of the time is a shared custody arrangement. This sort of arrangement is becoming increasingly common.