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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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<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 they are asking for. 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 | 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. 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 and obligations 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 | Whether a caregiver or extended family member is applying under the ''[[Family Law Act]]'' for guardianship, and the rights and obligations 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 in the chapter on [[Children in Family Law Matters|Children]], in the section [[Guardianship, Parenting Arrangements and Contact]]. | ||
=====Guardianship, parental responsibilities and parenting time===== | =====Guardianship, parental responsibilities and parenting time===== | ||
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*applying for an order appointing them as a guardian of a child under s. 51, | *applying for an order appointing them as a guardian of a child under s. 51, | ||
*being appointed | *being appointed as the standby guardian of a child under s. 55, or | ||
*being appointed as the guardian of a child upon the death of a guardian under s. 53. | *being appointed as the guardian of a child upon the death of a guardian under s. 53. | ||
