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Difference between revisions of "Parents"
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==Who is a "child?"== | ==Who is a "child?"== | ||
For the parts of the ''[[Family Law Act]]'' that talk about guardianship and parenting, a "child" is a person under the age of 19, the age of majority in British Columbia. For the parts of the act that talk about child support, the definition is a bit broader. Section | For the parts of the ''[[Family Law Act]]'' that talk about guardianship and parenting, a "child" is a person under the age of 19, the age of majority in British Columbia. For the parts of the act that talk about child support, the definition is a bit broader. Section 146 says this: | ||
<blockquote><tt>"child" includes a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of | <blockquote><tt>"child" includes a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of the person's parents or guardians</tt></blockquote> | ||
The most common "other reason" why an adult child cannot "obtain the necessaries of life or withdraw from the charge of his or her parents" is because the child is going to college or university. | The most common "other reason" why an adult child cannot "obtain the necessaries of life or withdraw from the charge of his or her parents" is because the child is going to college or university. | ||
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<blockquote><tt>(1) For all purposes of the law of British Columbia,</tt></blockquote> | <blockquote><tt>(1) For all purposes of the law of British Columbia,</tt></blockquote> | ||
<blockquote><blockquote><tt>(a) a person is the child of | <blockquote><blockquote><tt>(a) a person is the child of the person's parents,</tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(b) a child's parent is the person determined under this Part to be the child's parent, and</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(b) a child's parent is the person determined under this Part to be the child's parent, and</tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(c) the relationship of parent and child and kindred relationships flowing from that relationship must be as determined under this Part.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(c) the relationship of parent and child and kindred relationships flowing from that relationship must be as determined under this Part.</tt></blockquote></blockquote> | ||
<blockquote><tt>(2) For the purposes of an instrument or enactment that refers to a person, described in terms of | <blockquote><tt>(2) For the purposes of an instrument or enactment that refers to a person, described in terms of the person's relationship to another person by birth, blood or marriage, the reference must be read as a reference to, and read to include, a person who comes within the description because of the relationship of parent and child as determined under this Part.</tt></blockquote> | ||
Section 26(1) says who a child's parents are presumed to be: | Section 26(1) says who a child's parents are presumed to be: | ||
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A parent who isn't a guardian can become a guardian if the child's other guardians agree that the parent should be a guardian. If the parents can't agree on this, then the parent who isn't a guardian has three choices. They can: | A parent who isn't a guardian can become a guardian if the child's other guardians agree that the parent should be a guardian. If the parents can't agree on this, then the parent who isn't a guardian has three choices. They can: | ||
#settle for having contact with the child and not being able to participate in parenting the child | #settle for having contact with the child and not being able to participate in parenting the child, | ||
#try to prove that they ''regularly care'' for the child, in <span class="noglossary">order</span> to be recognized by the court as a guardian of the child who is entitled to participate in parenting the child | #try to prove that they ''regularly care'' for the child, in <span class="noglossary">order</span> to be recognized by the court as a guardian of the child who is entitled to participate in parenting the child, or | ||
#apply to be appointed as the guardian of a child under section 51 of the ''Family Law Act''. | #apply to be appointed as the guardian of a child under section 51 of the ''Family Law Act''. | ||
Applications for appointment as a guardian can be a bit difficult, as the applicant — the person who is making the application — must provide a special kind of affidavit that talks about all of the children who are and have been in their care, any civil or criminal court proceedings involving them that might impact on the safety of a child, and any involvement they might have had with the Ministry for Children and Family Development. The applicant must also provide recent Ministry and police records checks. | Applications for appointment as a guardian can be a bit difficult, as the applicant — the person who is making the application — must provide a special kind of affidavit that talks about all of the children who are and have been in their care, any civil or criminal court proceedings involving them that might impact on the safety of a child, and any involvement they might have had with the Ministry for Children and Family Development. The applicant must also provide recent Ministry and police records checks. | ||
Applications for appointment as a guardian are discussed in more detail in the [[Guardianship,_Parenting_Arrangements_and_Contact|Guardianship, Parenting Arrangements and Contact]] section of the [[Children]] chapter, under the heading "[[Guardianship,_Parenting_Arrangements_and_Contact#Being_a_guardian_and_becoming_a_guardian|Being a guardian and becoming a guardian]]." | Applications for appointment as a guardian are discussed in more detail in the [[Guardianship,_Parenting_Arrangements_and_Contact|Guardianship, Parenting Arrangements and Contact]] section of the [[Children and Parenting after Separation]] chapter, under the heading "[[Guardianship,_Parenting_Arrangements_and_Contact#Being_a_guardian_and_becoming_a_guardian|Being a guardian and becoming a guardian]]." | ||
==Government benefits== | ==Government benefits== | ||
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===Legislation=== | ===Legislation=== | ||
* ''[ | * ''[https://canlii.ca/t/8q3k Family Law Act]'' | ||
* | * ''[http://canlii.ca/t/843w Income Tax Act]'' (provincial) | ||
* ''[http://canlii.ca/t/7w0s Universal Child Care Benefit Act]'' | * ''[http://canlii.ca/t/7w0s Universal Child Care Benefit Act]'' | ||
* | * ''[http://canlii.ca/t/7wmq Income Tax Act]'' (federal) | ||
* ''[https://canlii.ca/t/54wtd Adoption Act]'' | |||
===Links=== | ===Links=== | ||
* [https://www.canada.ca/en/revenue-agency/services/child-family-benefits/child-family-benefits-calculator.html Canada child benefits calculator] | *[https://www.canada.ca/en/revenue-agency/services/child-family-benefits/child-family-benefits-calculator.html Canada child benefits calculator] | ||
* [http://www.cra-arc.gc.ca/bnfts/ | *[http://www.cra-arc.gc.ca/bnfts/ Overview of child and family benefits] from the Canada Revenue Agency | ||
* [https://www2.gov.bc.ca/gov/content/family-social-supports/family-benefits | *[https://www2.gov.bc.ca/gov/content/family-social-supports/family-benefits Family Benefits] from the Government of British Columbia | ||
* [http://www.clicklaw.bc.ca/resource/ | *[http://clicklaw.bc.ca/resource/2376 Introduction to Family Law] from Dial-a-Law by the People's Law School | ||
* [ | *[https://www.clicklaw.bc.ca/resource/4078 Single Parent Employment Initiative] from the BC Ministry of Social Development & Poverty Reduction | ||
*[https://www.clicklaw.bc.ca/resource/4132 My Support Calculator] | |||
*[https://www.clicklaw.bc.ca/resource/2315 Extended Family Program] from the BC Ministry of Children and Family Development | |||
*[https://www.clicklaw.bc.ca/resource/2951 Extended Family Program] from Legal Aid BC | |||
*[https://www.clicklaw.bc.ca/resource/1244 Children Born Outside Marriage] from Dial-a-Law by the People's Law School | |||
*[https://www.clicklaw.bc.ca/resource/1618 Child and Spousal Support] from Legal Aid BC | |||
*[https://www.clicklaw.bc.ca/resource/1482 Appointing a Guardian] from the British Columbia Law Institute | |||
*[https://www.clicklaw.bc.ca/resource/4655 Parenting and Guardianship] from Legal Aid BC | |||
*[https://www.clicklaw.bc.ca/resource/4498 Family Cases] from the Provincial Court of British Columbia | |||
*[https://www.clicklaw.bc.ca/resource/4788 Review of Parentage under Part 3 of the Family Law Act Project] from the British Columbia Law Institute (BCLI) | |||
{{REVIEWED | reviewer = [[JP Boyd]], April 8, | ===Resources=== | ||
* [http://www.clicklaw.bc.ca/resource/1058 "Living Together or Living Apart"] from Legal Aid BC | |||
*[https://www.clicklaw.bc.ca/resource/4231 "Options for Parents and Families: Collaborative Planning and Decision-Making in Child Welfare"] from the BC Ministry of Children and Family Development | |||
*[https://www.clicklaw.bc.ca/resource/4402 "Successfully Parenting Apart"] from The Canadian Bar Association | |||
*[https://www.clicklaw.bc.ca/resource/4795 "Parents Legal Centre Brochure"] from Legal Aid BC | |||
{{REVIEWED | reviewer = [[JP Boyd]], April 8, 2023}} | |||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||
