Difference between revisions of "Guardianship, Parenting Arrangements and Contact"

Guardianship, Parenting Arrangements and Contact (view source)

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 ===Being a guardian===
-People who are guardians under s. 39 of the ''[[Family Law Act]]'' (see previous section) are guardians and don't need to obtain a court order stating that they are guardians. At law you should not need a court order or declaration under s. 39; a parent guardian should not need to ask the court for what they already have. This is really important because if you don't need to start a court proceeding to become a guardian, you shouldn't.
+People who are guardians under s. 39 of the ''[[Family Law Act]]'' are guardians and don't need to obtain a court order stating that they are guardians. At law you should not need a court order or declaration under s. 39; a parent guardian should not need to ask the court for what they already have. This is really important because if you don't need to start a court proceeding to become a guardian, you shouldn't.
 That said, it's unlikely that too many people are going to be aware of the presumptions of guardianship that s. 39 talks about, and you may have problems dealing with people like doctors, teachers, police and border guards if after separation, you do not have an order or agreement confirming that you are a guardian of your child (particularly if you do not share the last name of your child, or your name is not on the child's birth certificate).