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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 20:34, 6 March 2021
, 20:34, 6 March 2021→Introduction
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If parties disagree over which act applies, be prepared to understand what ''paramountcy'' is. The doctrine of paramountcy says that provincial laws must give way to federal laws if there is a conflict between the two, even if both laws are otherwise valid and even if either could apply. There are a number of cases that consider which of these two Acts should apply and how they work together. A good summary is found in ''[http://canlii.ca/t/gf1gz Jirh v. Jirh]'', 2014 BCSC 1973. Another good summary is found in [http://canlii.ca/t/g6700 ''B.D.M. v. A.E.M.''], 2014 BCSC 453. | If parties disagree over which act applies, be prepared to understand what ''paramountcy'' is. The doctrine of paramountcy says that provincial laws must give way to federal laws if there is a conflict between the two, even if both laws are otherwise valid and even if either could apply. There are a number of cases that consider which of these two Acts should apply and how they work together. A good summary is found in ''[http://canlii.ca/t/gf1gz Jirh v. Jirh]'', 2014 BCSC 1973. Another good summary is found in [http://canlii.ca/t/g6700 ''B.D.M. v. A.E.M.''], 2014 BCSC 453. | ||
While both the ''Divorce Act'' and the ''Family Law Act'' speak about the best interests of children, the ''Divorce Act'' contains the concept of ''maximum contact'' (between the child and both parents), that is not included in the ''Family Law Act''. Maximum contact is not a concept that is included in the ''Family Law Act''; in fact, the ''Family Law Act'' says that there is no particular parenting plan or arrangement that “is presumed to be in the best interests of a child.” | While both the ''Divorce Act'' and the ''Family Law Act'' speak about the best interests of children, the ''Divorce Act'' contains the concept of ''maximum contact'' (between the child and both parents), that is not included in the ''Family Law Act''. Maximum contact is not a concept that is included in the ''Family Law Act''; in fact, the ''Family Law Act'' says that there is no particular parenting plan or arrangement that “is presumed to be in the best interests of a child.” | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. | |||
Older orders and agreements that use the terms custody and access are still good and don't need to be updated to the new language. If you have an older agreement that says you have custody, you now have decision-making responsibility for your children. If you are or were married to your ex and have an agreement that says you have access, you now have parenting time. | |||
The changes to the ''Divorce Act'' also give judges a long list of best-interests factors to take into consideration when making decisions about children. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence. | |||
====Custody and access==== | ====Custody and access==== | ||
The ''Divorce Act'' talks about the care of children in terms of ''custody'' and ''access''. Custody is about the right to have the child with you and the right to make decisions about how the child is cared for and raised. Access is about the child's schedule of time with their parents. A parent who has access but doesn't have custody is still entitled to have information about the health, education, and well-being of the child. | The ''Divorce Act'' talks about the care of children in terms of ''custody'' and ''access''. Custody is about the right to have the child with you and the right to make decisions about how the child is cared for and raised. Access is about the child's schedule of time with their parents. A parent who has access but doesn't have custody is still entitled to have information about the health, education, and well-being of the child. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Under the changes to the ''Divorce Act'', "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''. | |||
====Guardianship and parental responsibilities==== | ====Guardianship and parental responsibilities==== | ||