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Difference between revisions of "Guardianship, Parenting Arrangements and Contact"
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Guardianship, Parenting Arrangements and Contact (view source)
Revision as of 21:19, 5 July 2019
, 21:19, 5 July 2019→Applying to court
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Parents and other people can apply to be made a guardian under section 51 of the ''[[Family Law Act]]''. This section requires a person applying for guardianship, an ''applicant'', to provide certain information about why the order would be in the best interests of the child. | Parents and other people can apply to be made a guardian under section 51 of the ''[[Family Law Act]]''. This section requires a person applying for guardianship, an ''applicant'', to provide certain information about why the order would be in the best interests of the child. | ||
In the Provincial Court, Rule 18.1 of the [http://canlii.ca/t/85pb Provincial Court Family Rules] requires the applicant to provide a special affidavit in Form 34, sworn no more than seven days before it is filed in court, which talks about: | In the Provincial Court, Rule 18.1 of the [http://canlii.ca/t/85pb Provincial Court (Family) Rules] requires the applicant to provide a special affidavit in Form 34, sworn no more than seven days before it is filed in court, which talks about: | ||
* the applicant's relationship with the child, | * the applicant's relationship with the child, | ||
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*the applicant's plan for the parenting of the child, | *the applicant's plan for the parenting of the child, | ||
*any incidents of family violence that might affect the child, and | *any incidents of family violence that might affect the child, and | ||
*the applicant's involvement with other court proceedings involving children under the ''Family Law Act'', the old ''Family Relations Act'', the ''[http://canlii.ca/t/51znt Child, Family and Community Service Act]'' and the ''[[Divorce Act]]''. | *the applicant's involvement with other court proceedings involving children under the ''Family Law Act'', the old ''Family Relations Act'', the ''[http://canlii.ca/t/51znt Child, Family and Community Service Act]'', and the ''[[Divorce Act]]''. | ||
Rule 18.1 also requires that the applicant supply a criminal records check and a records check | Rule 18.1 also requires that the applicant supply a ''criminal records check'' and a ''child protection records check'' — two separate records checks — dated within 60 days of the filing of the affidavit. | ||
Rule 15-2.1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] says much the same thing and also requires | Rule 15-2.1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] says much the same thing, and also requires a special affidavit, in [[Form F101 Affidavit - Section 51 | Form F101]], to be sworn at least 28 days before a hearing where people will present arguments, or at least seven days before filing if there will not be a hearing. The records checks must be done no more than 60 days before the date of the hearing. | ||
You can find links to and examples of forms, including Form 34 and Form F101, in [[Sample Provincial Court Forms (Family Law)|Provincial Court Forms & Examples]] | To obtain a criminal record check the applicant must attend at their local police station. | ||
The forms required to obtain the Ministry for Children and Family Development child protection record check can be found online at https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms. The forms required are: | |||
#'''Consent for Child Protection Record Check''': The source for this is Form 5 in Appendix A of the [https://www.canlii.org/en/bc/laws/regu/b-c-reg-347-2012/latest/b-c-reg-347-2012.html Family Law Act Regulation]). This form must be ''sworn'' or ''affirmed'' in front of a ''[https://www.courthouselibrary.ca/how-we-can-help/our-legal-knowledge-base/commissioner-taking-affidavits commissioner for taking affidavits]'' (e.g. a lawyer, notary, Supreme Court registrar). Submit the completed form to the court registry where the application is being made. | |||
#'''Request for Protection Order Registry Search''': This form must also be submitted to the court registry where the application is being made. | |||
You can find links to and examples of forms, including those listed above as well as Form 34 and Form F101, in [[Sample Provincial Court Forms (Family Law)|Provincial Court Forms & Examples]], [[Sample Supreme Court Forms (Family)|Supreme Court Forms & Examples]], and [[Other Forms and Documents (Family Law)]]. | |||
====Appointment by will or Form 2 Appointment==== | ====Appointment by will or Form 2 Appointment==== | ||