Basic Principles of Parenting after Separation: Difference between revisions
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Basic Principles of Parenting after Separation (view source)
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Parents and anyone else can apply to be made a guardian of a child 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 anyone else can apply to be made a guardian of a child 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 | In the Provincial Court, Rule 26 of the [https://canlii.ca/t/b8rn Provincial Court Family Rules] requires the applicant to provide a special affidavit in Form 5, signed no more than seven days before it is filed in court. The affidavit requires applicants to talk about: | ||
*their relationship with the child, | *their relationship with the child, | ||
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*their plans for the parenting of the child, | *their plans 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 | ||
*their involvement with other court proceedings involving children under the ''Family Law Act'', the old ''Family Relations Act'', the ''[ | *their involvement with other court proceedings involving children under the ''Family Law Act'', the old ''Family Relations Act'', the ''[https://canlii.ca/t/51znt Child, Family and Community Service Act]'', and the ''[[Divorce Act]]''. | ||
Before the Guardianship Affidavit in Form 5 can be signed and filed, however, the applicant will need to obtain three record checks: | |||
#a ''child protection record check'' from the British Columbia Ministry of Children and Family Development, | |||
#a ''protection order record check'' from the Protection Order Registry, and | |||
#a ''criminal record check''. | |||
These record checks need to be recent ones. They are not supposed to be more than 60 days old when the Guardianship Affidavit in Form 5 is filed in Provincial Court. Once all three of these record checks are collected, they need to attach them as exhibits to the Form 5 affidavit. | |||
For the Supreme Court, 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 with the same three records checks added as exhibits. The special affidavit, Form F101, must be signed not more than 28 days before the hearing where people will present arguments, or not more than seven days before being filed in court if there will not be a hearing. The records checks must be dated no more than 60 days before the date of the hearing. | For the Supreme Court, 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 with the same three records checks added as exhibits. The special affidavit, Form F101, must be signed not more than 28 days before the hearing where people will present arguments, or not more than seven days before being filed in court if there will not be a hearing. The records checks must be dated no more than 60 days before the date of the hearing. | ||