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Difference between revisions of "Custody and Access"
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Arrangements for a child's care can also be made under the provincial [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html ''Family Law Act''], which applies to both married and un-married spouses. Look at the information under [[Children in Family Law Matters]] for a summary of how the ''Family Law Act'' and the ''Divorce Act'' are applied by the courts in different situations. | Arrangements for a child's care can also be made under the provincial [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html ''Family Law Act''], which applies to both married and un-married spouses. Look at the information under [[Children in Family Law Matters]] for a summary of how the ''Family Law Act'' and the ''Divorce Act'' are applied by the courts in different situations. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Look for explanations under this heading to read about recent changes to family law affecting the information provided in this section. | |||
==Introduction== | ==Introduction== | ||
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Other people, usually relatives of the child like a grandparent, can have custody or access to a child. To apply for an order for custody or access, people who aren't spouses must first get the court's permission, and then make their application. Applications like these aren't very common. | Other people, usually relatives of the child like a grandparent, can have custody or access to a child. To apply for an order for custody or access, people who aren't spouses must first get the court's permission, and then make their application. Applications like these aren't very common. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''. | |||
Older orders and agreements that use the terms custody and access are still good and don't need to be updated to the new language. If you have an older agreement that says you have custody, you now have decision-making responsibility for your children. If you are or were married to your ex and have an agreement that says you have access, you now have parenting time. | |||
===The ''Divorce Act''=== | ===The ''Divorce Act''=== | ||