Difference between revisions of "The Rights of Children and Youth in Family Law Matters"

Jump to navigation Jump to search
From staging Sep 2022
(From staging July 2022)
 
(From staging Sep 2022)
Line 1: Line 1:
{{JP Boyd on Family Law TOC|expanded = children}}{{JPBOFL Editor Badge
{{JP Boyd on Family Law TOC|expanded = children}}{{JPBOFL Editor Badge
|ChapterEditors = [[Mary Mouat|Mary Mouat, QC]] and [[Samantha Rapoport]]
|ChapterEditors = [[JP Boyd]]
}}Neither the ''Divorce Act'' nor the ''Family Law Act'' talk about parenting after separation in terms of the rights of ''parents'', ''guardians'' or ''spouses''. While adults who fit into these categories are entitled to ask for orders about decision-making and parenting time, if they can't reach an agreement about those things on their own, decisions about parenting after separation must be made taking into account only the best interests of the children, including the children's views and preferences.  
}}Neither the ''Divorce Act'' nor the ''Family Law Act'' talk about parenting after separation in terms of the rights of ''parents'', ''guardians'' or ''spouses''. While adults who fit into these categories are entitled to ask for orders about decision-making and parenting time, if they can't reach an agreement about those things on their own, decisions about parenting after separation must be made taking into account only the best interests of the children, including the children's views and preferences.  


Line 136: Line 136:


*16 years of age or older,  
*16 years of age or older,  
*a spouse, which means that they are married or have lived with someone else in a "marriage-like relationship" for at least two years, or for a lesser amount of time if they've had a child with that person. or  
*a spouse, which means that they are married or have lived with someone else in a "marriage-like relationship" for at least two years, or for a lesser amount of time if they've had a child with that person, or  
*a parent.
*a parent.


Line 168: Line 168:
* ''[[Family Law Act]]''
* ''[[Family Law Act]]''
* ''[[Divorce Act]]''
* ''[[Divorce Act]]''
* UN CRC
* [https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child United Nations Convention on the Rights of the Child]
* Fed'l human rights leg'n
* [https://canlii.ca/t/7vh5 ''Canadian Human Rights Act'']
* Prov'l HR leg'n
* [https://canlii.ca/t/843q British Columbia's ''Human Rights Code'']
===Links===
===Links===


* link to all children's legal organizations, including representative for children and youth and the society for children and youth of bc
* Society for Children and Youth of BC's [https://www.scyofbc.org/child-youth-legal-centre/ Child and Youth Legal Centre]
* legal aid BC
* [https://rcybc.ca/ BC's Representative for Children and Youth]
 
* [https://legalaid.bc.ca/ Legal Aid BC]
{{REVIEWED | reviewer = [[JP Boyd]], 3 July 2022}}
{{REVIEWED | reviewer = [[JP Boyd]], 3 July 2022}}


Navigation menu