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Children and Parenting after Separation

14 bytes added, 18:17, 3 July 2022
The Divorce Act
====The ''Divorce Act''====
Under section 16.1(1)(b) of the ''Divorce Act'', someone who isn't a "spouse" may ask the court for a "parenting order." A ''parenting order'' is an order about "parenting time" with or "decision-making responsibility" for a child. ''Parenting time'' usually means how the child's time is divided between their parents, but in this context includes time with someone who isn't a parent. ''Decision-making responsibility'' means the responsibility for making decisions on behalf of a child about important things like the child's healthcare or education. (Parenting time and decision-making responsibility are discussed in a lot more detail in the section [[Children and Basic Principles of Parenting after Separation|Parenting after Separation]].) To make this application, you must "stand in the place of a parent" to the child or "intend to stand in the place of a parent," and, under section 16.1(3) you must first get the court's permission before you can make your application.
Under section 16.5(1) of the ''Divorce Act'', someone who isn't a "spouse" may also ask the court for a "contact order." A ''contact order'' is an order about the time that someone who isn't a parent has with a child. This sounds the same as an order for "parenting time," but there are some big differences. Someone with parenting time with a child has the right to make day-to-day decisions about the child, including emergency decisions, and the right to get information about the child's wellbeing, including about their health and education. Someone with contact, on the other hand, has none of these rights. Contact is just about spending time with the child and nothing else. (Contact is also discussed in the chapter [[Children and Basic Principles of Parenting after Separation|Parenting after Separation]].)
Because we're talking about the ''Divorce Act'', a court proceeding must have already started between married spouses, or formerly married spouses, before someone who isn't a spouse can step in and ask for, or ask to change, a parenting order or a contact order. There must be an existing proceeding between spouses in which the person's application can be made.