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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 22:09, 5 July 2019
, 22:09, 5 July 2019→Applying to court
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*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'' | Rule 18.1 also requires that the applicant supply: | ||
#a ''criminal records check'' | |||
#a ''child protection records check'', and | |||
# a ''Protection Order registry check'' | |||
These need to be 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 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. | 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. | ||
To obtain a criminal record check the applicant must attend at their local police station. | 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 | The forms required to obtain the ''child protection records check''' from the Ministry for Children and Family Development and the '''protection order registry 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''': | #'''Consent for Child Protection Record Check''': 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. | #'''Request for Protection Order Registry Search''': This form must also be submitted to the court registry where the application is being made. | ||