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Difference between revisions of "Same Sex Relationships and Issues Affecting Transgender and Transsexual People"
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Same Sex Relationships and Issues Affecting Transgender and Transsexual People (view source)
Revision as of 16:15, 20 March 2017
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===Children=== | ===Children=== | ||
Whether the battle over a child is between two parents of the same gender or between parents of opposite genders, the legal test that the parents and the court should consider is the same: what arrangements are in the child's best interests? That's the court's only concern. The courts have been crystal clear that the sexual orientation of the child's parents is only one of many factors to be considered and is often a non-issue. This is what a few judges have had to say: | Whether the battle over a child is between two parents of the same gender or between parents of opposite genders or families of more than two parents or guardians, the legal test that the parents and the court should consider is the same: what arrangements are in the child's best interests? That's the court's only concern. The courts have been crystal clear that the sexual orientation of the child's parents is only one of many factors to be considered and is often a non-issue. This is what a few judges have had to say: | ||
''[http://canlii.ca/t/1f6rk Anger v. Anger]'', 1998 CanLII 4490 (BCSC): | ''[http://canlii.ca/t/1f6rk Anger v. Anger]'', 1998 CanLII 4490 (BCSC): | ||
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===Child support=== | ===Child support=== | ||
Regardless of your sexual orientation or identity, if you qualify as a ''parent'' for the purposes of the ''[[Family Law Act]]'', or the child qualifies as a ''child of the marriage'' for the purposes of the ''[[Divorce Act]]'', child support will be payable by the person who has the child for the least amount of time to the person who has the child for the most amount of time. Child support will be payable in the amount specified under the [[Child Support Guidelines]] unless the parent paying support, the ''payor'', fits into one of a very narrow range of exceptions: | |||
*payment of support in the usual amount would be too much and cause "undue hardship" (the recipient of support may ask for an increased amount of support if payment of the usual amount would be too little and also cause undue hardship), | *payment of support in the usual amount would be too much and cause "undue hardship" (the recipient of support may ask for an increased amount of support if payment of the usual amount would be too little and also cause undue hardship), | ||
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The mother's application was dismissed. | The mother's application was dismissed. | ||
In a very recent case here in British Columbia ''[http://canlii.org/en/bc/bcsc/doc/2016/2016bcsc744/2016bcsc744] K. (N.) v H.(A.) '', 2016 BCSC 744, the larger dispute centered around the parents’ disagreement over gender transition therapy involving their 11 year old child. The mother supported the transition whereas the father did not. At issue before Justice Skolrood in that proceeding was whether or not the child was entitled to an independent voice in the litigation. The court held that this was appropriate, saying: | |||
<blockquote> 39 I am satisfied that J.K. should be permitted to participate directly in this proceeding. To my mind, this case is different from the many family law cases that come before the courts in which the views of the child are sought on issues relating to guardianship and parenting time, and where those views are typically presented through third party reports. | |||
<blockquote>40 I agree with Ms. findlay's characterization that this case is really about J.K. and his role in determining his own future. In my view, these issues cannot be properly considered without J.K.’s direct participation, nor would it be fair to J.K. for the court to attempt to do so. | |||
===Child support=== | ===Child support=== | ||