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Difference between revisions of "Parents"
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→Rights and responsibilities of unmarried parents
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==Rights and responsibilities of unmarried parents== | ==Rights and responsibilities of unmarried parents== | ||
Couples who are not married and have not lived together but have had a child together can ask for orders about the care of their child, and child support for their child under the provincial ''Family Law Act''. | Couples who are not married and have not lived together but have had a child together can ask for orders about the care of their child, and child support for their child under the provincial ''[[Family Law Act]]''. | ||
===Child support=== | ===Child support=== | ||
Child support is payable by anyone who is the parent of a child, regardless of the brevity of the relationship that produced the child. The ''Family Law Act'' says, at s. 147, that "each parent" has a duty to provide support for his or her child. | Child support is payable by anyone who is the parent of a child, regardless of the nature or brevity of the relationship that produced the child. The ''Family Law Act'' says, at s. 147, that "each parent" has a duty to provide support for his or her child. | ||
Under s. 150(1) of the act, child support is to be paid in the amount determined under the [[Child Support Guidelines]]. As a result, all of the provisions of the Guidelines apply to unmarried parents, including: | Under s. 150(1) of the act, child support is to be paid in the amount determined under the [[Child Support Guidelines]]. As a result, all of the provisions of the Guidelines apply to unmarried parents, including: | ||
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Nothing in the ''Family Law Act'' or the [[Child Support Guidelines]] allows a parent to escape paying support through some quirk in the circumstances under which the child was conceived or whether the pregnancy was planned or not. The only question that may be left open is whether or not the person being asked to pay child support is the parent of the child for whose benefit support is sought. If that's an issue, a paternity test can always be taken. | Nothing in the ''Family Law Act'' or the [[Child Support Guidelines]] allows a parent to escape paying support through some quirk in the circumstances under which the child was conceived or whether the pregnancy was planned or not. The only question that may be left open is whether or not the person being asked to pay child support is the parent of the child for whose benefit support is sought. If that's an issue, a paternity test can always be taken. | ||
You can find additional information about child support and the Guidelines in the chapter [[Child Support]]. You can find additional information about paternity and paternity testing in the chapter [[Other Family Law Issues]] | You can find additional information about child support and the Guidelines in the chapter [[Child Support]]. You can find additional information about paternity and paternity testing in the chapter [[Other Family Law Issues]], in the section [[Parentage and Assisted Reproduction]]. | ||
===The care of children=== | ===The care of children=== | ||
Under s. 40(1) of the ''Family Law Act'', only people who are the guardians of a child have ''parental responsibilities'' and ''parenting time'' in relation to that child. People who are not the guardians of a child may have ''contact'' with the child and do not have the right to participate in making decisions about the raising of the child or the right to get information from the important people involved in the child's life, such as doctors, teachers, coaches and so on. | Under s. 40(1) of the ''Family Law Act'', only people who are the guardians of a child have ''parental responsibilities'' and ''parenting time'' in relation to that child. People who are not the guardians of a child may have ''contact'' with the child and do not have the right to participate in making decisions about the raising of the child or the right to get information from the important people involved in the child's life, such as doctors, teachers, counsellors, coaches and so on. | ||
Under s. 39, the people who are presumed to be the guardians of a child are: | Under s. 39, the people who are presumed to be the guardians of a child are: | ||
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In other words, if a couple has had a child but never lived together, the parent who does not live with the child is not presumed to be a guardian of the child unless he or she "regularly cares" for the child. | In other words, if a couple has had a child but never lived together, the parent who does not live with the child is not presumed to be a guardian of the child unless he or she "regularly cares" for the child. | ||
A parent who isn't a guardian can become a guardian if the child's other guardians, who may be just the other parent, agree that the parent should be a guardian. If the parents can't agree on this, then the parent who | A parent who isn't a guardian can become a guardian if the child's other guardians, who may be just the other parent, 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. He or she: | ||
#must settle for having contact with the child and not being able to participate in parenting the child, | #must settle for having contact with the child and not being able to participate in parenting the child, | ||
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#must apply to be appointed as the guardian of a child under s. 51 of the ''Family Law Act''. | #must apply to be appointed as the guardian of a child under s. 51 of the ''Family Law Act''. | ||
Applications for appointment as guardian are difficult as the person who is making the application must provide a special kind of affidavit that talks about the children who are and have been in the person's care, any civil or criminal court proceedings that might impact on the safety of a child, and any history of involvement with the Ministry for Children and Family Development | Applications for appointment as guardian are difficult as the person who is making the application must provide a special kind of affidavit that talks about the children who are and have been in the person's care, any civil or criminal court proceedings that might impact on the safety of a child, and any history of involvement with the Ministry for Children and Family Development. The person must also provide recent MCFD 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]]." | ||
==Resources and links== | ==Resources and links== | ||
