People other than #one or all of the guardians of a child's biological parents may also have an interest in died;#one or all of a child's parenting arrangements. Typically, these people are guardians have abandoned a child's blood relatives — grandparents, aunts, uncles, and so forth &mdash#there are serious concerns about the ability of guardians to care for their child; although there's no reason at all why someone else, like an unrelated long-term caregiver or neighbour, couldn't also have an important role in #they are being refused time with a child's life. Most often, however, it's grandparents who feel or involvement in the need to have a legal role in their grandchildrenchild's lives. For that reason, this discussion is written with grandparents in mind, although it applies equally to other people who are not a parent of a childlife.

Grandparents and other people who Their concerns are not parents normally become involved in court proceedings dealing with childrenabout either supervising or managing the parenting of a child, as parties in their own right, in only or setting up a schedule that will let them see a child on a few situations:regular basis.

*where one No matter how important a grandparent's or both other person's concerns might be, the court will place a great deal of weight on the guardians wishes of the children are dead,*where one or both parents. In a 2003 case of the guardians have abandoned British Columbia Supreme Court, ''[http://canlii.ca/t/572w M.(D.W.) v. M.(J.S.)]'', 2003 BCSC 1229, the children or court said that while it must give "paramount consideration" to the care best interests of the childrenchild,*where there are serious concerns about "significant deference must be accorded the fitness of the guardians custodial parent and their ability to care for the children, or*where they are being denied time or involvement with determine the childrenchild’s best interests."

Their concerns ===Legislation=== Two laws might apply to non-parents seeking guardianship of or contact with children.  *'''The federal ''Divorce Act'':''' This law applies if the child's parents are married and are already involved in a court proceeding under the Divorce Act. However, to make an application under the ''Divorce Act'', you have to get the court's permission first.*'''The provincial ''Family Law Act'':''' This applies whether the child's parents are usually married to each other or not. It also applies whether or not the parents are already involved in a court proceeding under the ''Family Law Act''. You do not need the court's permission to make an application under the ''Family Law Act''. Each law has different rules about:how and when non-parents can apply in court, and it's important to understand which law might be applicable. ===The ''Divorce Act''===

*getting or maintaining contact with Under section 16.1(1)(b) of the children''Divorce Act'',*supervising someone who isn't a ''spouse'' may ask the court for a ''parenting order''. A "parenting order" is an order about ''parenting time'' or ''decision-making responsibility'' in respect of a child. "Parenting time" usually means how the children when they are child's time is divided between their parents, but in this context includes time with someone who isn't a parent. "Decision-making responsibility" means the responsibility for making decisions on behalf of a guardian, child about important things like the child's healthcare or*being appointed as education. (Parenting time and decision-making responsibility are discussed in a guardian of lot more detail in the section "[[Divorce Act Basics|''Divorce Act'' Basics]]" and in the childrenchapter [[Children and Parenting after Separation]].)

No matter how valid or legitimate Under section 16.5(1) of the ''Divorce Act'', someone who isn't a grandparent's or other non-parent's concerns might be, spouse'' may also ask the court will place for a great deal of weight on the wishes of the parents''contact order''. In a 2003 case of A "contact order" is an order about the B.C. Supreme Court, time that someone who isn''[http://canlii.ca/t/572w Ma parent has with a child.(DThis sounds the same as an order for "parenting time," but there are some big differences.W.) v. M.(J.S.)]''Someone with parenting time with a child has the right to make day-to-day decisions about the child, 2003 BCSC 1229including emergency decisions, and the court said that while it must give "paramount consideration" right to get information about the best interests child's wellbeing, including about their health and education. Someone with contact, on the other hand, has none of these rights. Contact is just about spending time with the child, "significant deference must be accorded and nothing else. (Contact is also discussed in the custodial parent chapter [[Children and their ability to determine the child’s best interestsParenting after Separation]].")

Because we're talking about the ''Divorce Act'', a court proceeding must have already started between married spouses, or formerly married spouses, before someone who isn't a spouse can step in and ask for, or ask to change, a parenting order or a contact order. There must be an existing proceeding between spouses in which the person's application can be made. ===LegislationThe ''Family Law Act''=== The ''Family Law Act'' talks about ''guardians'' who have ''parental responsibilities'' and ''parenting time'' with children, and about people who are not guardians and may have ''contact'' with a child.  In most cases, a child's parents are the child's guardians, which means that normally only a child's parents are entitled to have parental responsibilities and parenting time with the child. However, someone who isn't a parent can ask the court to be appointed as a guardian of a child under section 51 of the ''Family Law Act''. Someone who is a guardian of a child may ask the court for an order about the child's ''parenting arrangements'' under section 45(1) of the act. An order about a child's "parenting arrangements" is an order about ''parenting time'' or ''parental responsibilities'' in respect of a child. "Parenting time" usually means how the child's time is divided between their parents, but in this context includes time with someone who isn't a parent. "Parental responsibilities" means the responsibility for making decisions on behalf of a child about important things like the child's healthcare or education. (Parenting time and parental responsibilities are discussed in a lot more detail in the section "[[Family Law Act Basics|''Family Law Act'' Basics]]" and in the chapter [[Children and Parenting after Separation]].)  Under section 59 of the ''Family Law Act'', someone who isn't a ''guardian'' may ask the court for a ''contact order''. A "contact order" is an order about the time that someone who isn't a guardian has with a child. This sounds just like an order for "parenting time," but there are some big differences. Someone with parenting time with a child has the right to make day-to-day decisions about the child, including emergency decisions. Someone with contact, on the other hand, does not have this right. Contact is just about spending time with the child and nothing else. (Contact is also discussed in the chapter [[Children and Parenting after Separation]].)  Under section 149(1) and 149(2)(b) of the act, any person may ask the court for an order that a child's parent, stepparent or guardian pay ''child support'' for the benefit of a child to a "designated person," normally the person the child lives with the most. (Child support is discussed in a lot more detail in the [[Child Support]] chapter.)

Two laws might apply If the child's guardians are already in court, a child's grandparents, extended family members and others who aren't parents can start a court proceeding and ask that the new proceeding be ''joined'' to non-parents seeking the court proceeding between the guardians. They can then ask for orders about guardianship of or the child, the child's parenting arrangements, contact with childrenthe child or child support for the child.

Where If the children's parents or guardians are not already in court about the children, the federal a child''[[Divorce Act]]'' appliess grandparents, if extended family members and others can start a court proceeding against the guardians are or were married. Otherwise, the provincial child''[[Family Law Act]]'' applies. If the s parents or guardians are not involved in a court proceeding between each otherand ask for orders about guardianship, parenting arrangements, contact with the ''Family Law Act'' applieschild or child support.