7,366
edits
Difference between revisions of "Changing Family Law Agreements"
Jump to navigation
Jump to search
→Guardianship
Nate Russell (talk | contribs) |
Nate Russell (talk | contribs) |
||
| Line 95: | Line 95: | ||
====Guardianship==== | ====Guardianship==== | ||
The ''Family Law Act'' does not provide a specific test to vary an agreement appointing a parent as the guardian of a child. | The ''Family Law Act'' does not provide a specific test to vary an agreement appointing a parent as the guardian of a child. Section 214(3) does, however, anticipate that an agreement and a later court order might "provide differently for the same subject matter", in which case the court order replaces the agreement for that particular subject. | ||
Under section 37(1), when the court is making an order about guardianship, it must do so considering only the best interests of the child. The factors the court must think about to decide what is in the best interests of a child are listed at section 37(2) of the act and, when family violence is a factor, also at section 38. | Under section 37(1), when the court is making an order about guardianship, it must do so considering only the best interests of the child. The factors the court must think about to decide what is in the best interests of a child are listed at section 37(2) of the act and, when family violence is a factor, also at section 38. | ||