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The Rights of Children and Youth in Family Law Matters

369 bytes added, 16:36, 10 April 2021
The Family Law Act
==The ''Family Law Act''==
The ''[[Family Law Act]]'' takes the same child-centred approach as the ''Divorce Act'', using the terms ''parental responsibilities'' and ''parenting time''. It also says, at section 37(1), that when making decisions about parenting after separation "the parties and the court must consider the best interests of the child only," and provides a list of specific factors to consider at section 37(2). (The factors that must be considered when family violence is an issue are listed in section 38. It's important to know that the duty to make decisions that are in the best interests of children falls on both judges and parents under section 37 of the ''Family Law Act''. (Section 19.10(6) imposes the same duty on arbitrators.) Parents have this duty whether they're resolving their disagreements in court or trying to negotiate a resolution out of court.
===Hearing the views of children===
Among the section 37(3) best-interests factors is this:
<blockquote><tt>(b) the child's views, unless it would be inappropriate to consider them</tt></blockquote>