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Difference between revisions of "Grandparents and Extended Family Members"
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Grandparents and Extended Family Members (view source)
Revision as of 21:26, 6 March 2021
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This section talks about the claims a child's caregivers and extended family members can make to guardianship of a child, contact with a child, and child support. | This section talks about the claims a child's caregivers and extended family members can make to guardianship of a child, contact with a child, and child support. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Look for explanations under this heading to read about recent changes to family law affecting the information provided in this section. | |||
==Introduction== | ==Introduction== | ||
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Since we're talking about the ''Divorce Act'', a court proceeding must have already started between married spouses or formerly married spouses before a child's caregivers and extended family members can step in; there must be an existing proceeding between the spouses in which to bring the application. | Since we're talking about the ''Divorce Act'', a court proceeding must have already started between married spouses or formerly married spouses before a child's caregivers and extended family members can step in; there must be an existing proceeding between the spouses in which to bring the application. | ||
<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. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''. | |||
===The ''Family Law Act''=== | ===The ''Family Law Act''=== | ||
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Once a change in circumstances has been proven, the child's caregiver or extended family member must then show why it is in the best interests of the child for the court to make the order they are asking for. The court will usually extend a great deal of respect to the wishes of the child's parents. These issues are discussed in more detail in the chapter on [[Children in Family Law Matters|Children]], in the section [[Custody and Access]]. | Once a change in circumstances has been proven, the child's caregiver or extended family member must then show why it is in the best interests of the child for the court to make the order they are asking for. The court will usually extend a great deal of respect to the wishes of the child's parents. These issues are discussed in more detail in the chapter on [[Children in Family Law Matters|Children]], in the section [[Custody and Access]]. | ||
<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. | |||
Judges also now have a long list of best-interests factors to take into consideration when making decisions about children, including changing orders 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 | |||
====The ''Family Law Act''==== | ====The ''Family Law Act''==== | ||
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Under section 15.1(1) of the ''Divorce Act'', only a married spouse may apply for a child support order under the act. As a result, a caregiver or extended family member who has had to apply to vary a ''Divorce Act'' order for custody must apply for child support under the ''Family Law Act'' if child support is needed. Both applications can be made in the same document and at the same time. | Under section 15.1(1) of the ''Divorce Act'', only a married spouse may apply for a child support order under the act. As a result, a caregiver or extended family member who has had to apply to vary a ''Divorce Act'' order for custody must apply for child support under the ''Family Law Act'' if child support is needed. Both applications can be made in the same document and at the same time. | ||
<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. People who want to apply for contact with a child must get the court's permission first. | |||
====The ''Family Law Act''==== | ====The ''Family Law Act''==== | ||