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Difference between revisions of "Custody and Access"
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→Who can apply for custody and access
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In general, anyone who has a connection to a child may apply for custody of the child. Normally, the people who apply for custody are the biological or adoptive parents of a child, but grandparents and other adults involved with the child may also apply for custody if they wish. Persons other than parents also have the option to apply for ''guardianship'' or ''contact'' with a child under the provincial ''Family Law Act.'' See the section of this chapter on [[Children in Family Law Matters]] for more information. | In general, anyone who has a connection to a child may apply for custody of the child. Normally, the people who apply for custody are the biological or adoptive parents of a child, but grandparents and other adults involved with the child may also apply for custody if they wish. Persons other than parents also have the option to apply for ''guardianship'' or ''contact'' with a child under the provincial ''Family Law Act.'' See the section of this chapter on [[Children in Family Law Matters]] for more information. | ||
<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. | |||
====Spouses==== | ====Spouses==== | ||
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More information about the interests grandparents and other non-parents may have in a child is provided in the [[Parenting After Separation]] and [[Guardianship, Parenting Arrangements and Contact]] sections of this chapter. | More information about the interests grandparents and other non-parents may have in a child is provided in the [[Parenting After Separation]] and [[Guardianship, Parenting Arrangements and Contact]] sections of this chapter. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Under the changes to the ''Divorce Act'' people who are not married to each other, like grandparents and other people with important roles in child's life, can ask for ''contact'' with the child. However, these people must get permission from the court before they can apply for contact. | |||
===Factors in custody awards=== | ===Factors in custody awards=== | ||