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Difference between revisions of "Grandparents and Extended Family Members"
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Grandparents and Extended Family Members (view source)
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====The ''Divorce Act''==== | ====The ''Divorce Act''==== | ||
When a child's caregiver or extended family member must apply for orders about the child under the ''[[Divorce Act]]'', | When a child's caregiver or extended family member must apply for orders about the child under the ''[[Divorce Act]]'', they will be asking for orders about ''custody'' and ''access''. These applications will usually be applications to change, or ''vary'', an order that has already been made between the child's parents. | ||
To vary an order for custody or access, s. 17(5) of the ''Divorce Act'' requires proof of a change in circumstances: | To vary an order for custody or access, s. 17(5) of the ''Divorce Act'' requires proof of a change in circumstances: | ||
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<blockquote><tt>Before the court makes a variation order in respect of a custody order, the court shall satisfy itself that there has been a change in the condition, means, needs or other circumstances of the child of the marriage occurring since the making of the custody order or the last variation order made in respect of that order, as the case may be, and, in making the variation order, the court shall take into consideration only the best interests of the child as determined by reference to that change.</tt></blockquote> | <blockquote><tt>Before the court makes a variation order in respect of a custody order, the court shall satisfy itself that there has been a change in the condition, means, needs or other circumstances of the child of the marriage occurring since the making of the custody order or the last variation order made in respect of that order, as the case may be, and, in making the variation order, the court shall take into consideration only the best interests of the child as determined by reference to that change.</tt></blockquote> | ||
Once a change in circumstances has been proven, the child's caregiver or extended family member must then show why it is in the best interests of the child for the court to make the order | Once a change in circumstances has been proven, the child's caregiver or extended family member must then show why it is in the best interests of the child for the court to make the order they are asking for, and the court will usually extend a great deal of respect to the wishes of the child's parents. These issues are discussed in more detail in the chapter on [[Children in Family Law Matters|Children]], in the section [[Custody and Access]]. | ||
====The ''Family Law Act''==== | ====The ''Family Law Act''==== | ||
Whether a caregiver or extended family member is applying under the ''[[Family Law Act]]'' for guardianship, and the rights that go along with it, or for contact, | Whether a caregiver or extended family member is applying under the ''[[Family Law Act]]'' for guardianship, and the rights that go along with it, or for contact, they must show why it is in the best interests of the child for the court to make the order asked for. The court will usually extend a great deal of respect to the wishes of the child's guardians in considering these applications, and often, depending on the child's age and maturity, to the wishes of the child. These issues are discussed in more detail in the section [[Guardianship, Parenting Arrangements and Contact]] in the chapter on [[Children in Family Law Matters|Children]]. | ||
=====Guardianship, parental responsibilities and parenting time===== | =====Guardianship, parental responsibilities and parenting time===== | ||
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=====Authorizations to exercise parental responsibilities===== | =====Authorizations to exercise parental responsibilities===== | ||
Under s. 43(2) of the ''Family Law Act'', a guardian who is temporarily unable to exercise certain parental responsibilities may authorize someone to exercise those responsibilities on | Under s. 43(2) of the ''Family Law Act'', a guardian who is temporarily unable to exercise certain parental responsibilities may authorize someone to exercise those responsibilities on their behalf, including a child's caregiver or a member of the child's extended family. Such authorizations must be made in writing, and should say exactly what it is that the authorized person can do. | ||
The parental responsibilities that someone can exercise under a written authorization are: | The parental responsibilities that someone can exercise under a written authorization are: | ||
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====The ''Family Law Act''==== | ====The ''Family Law Act''==== | ||
The ''Family Law Act'' says, at s. 147(1), that "each parent" has a duty to provide support for | The ''Family Law Act'' says, at s. 147(1), that "each parent" has a duty to provide support for their child, as long as the child in question is a ''child'' as defined by s. 146 and hasn't become a spouse or withdrawn from the care of their parents under s 147(1). Under s. 149, the court can make an order requiring a parent to pay child support to "a designated person" on the application of "a person acting on behalf of a child:" | ||
<blockquote><tt>(1) ...on application by a person referred to in subsection (2), a court may make an order requiring a child's parent or guardian to pay child support to a designated person.</tt></blockquote> | <blockquote><tt>(1) ...on application by a person referred to in subsection (2), a court may make an order requiring a child's parent or guardian to pay child support to a designated person.</tt></blockquote> | ||
