Agreements after Separation: Difference between revisions

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====Guardianship====
====Guardianship====


Under s. 39(1) of the ''[[Family Law Act]]'', a child's parents are usually the child's guardians as long as they have lived together during the child's life. These parents are guardians and don't need an order or an agreement to make them a guardian. A parent who never lived with his or her child isn't a guardian unless the parent "regularly cares" for the child.  
Under s. 39(1) of the ''[[Family Law Act]]'', a child's parents are usually the child's guardians as long as they have lived together during the child's life. These parents are guardians and don't need an order or an agreement to make them a guardian.  


Under s. 50, only a parent can become the guardian of a child through an agreement with all of the child's guardians. (Of course, the only parents who would need to become a guardian in this way, are parents who aren't guardians to begin with — a parent who never lived with the child and does not "regularly care" for the child.) Someone who is not a guardian can't be made a guardian by an agreement.
A parent who has never lived with his or her child isn't a guardian unless the parent "regularly cares" for the child.
 
Under s. 50, only a parent can become the guardian of a child through an agreement with all of the child's guardians. (Of course, the only parents who would need to become a guardian in this way, are parents who aren't guardians to begin with — parents who have never lived with the child and have not "regularly cared" for the child.)  
 
Someone who is not a guardian can't be made a guardian by an agreement.


====Parental responsibilities====
====Parental responsibilities====
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