5,310
edits
Changes
→Changing guardianship
*can appoint another person to be a guardian of the child in the event of their death.
On the other hand, people who aren't guardians, including parents who aren't guardians, don't have ''any'' of these entitlements. They best they can hope to have is contact with the child, but they won't have day-to-day care and control of the child or day-to-date decision-making responsibility for the child when the child is with them, they're not entitled to get information about the child's health and education, and they can't object if a guardian wants to move with the child. As a result, the court will usually look at the conflict between the guardians to see whether any other options will solve the problem before taking the drastic step of removing someone's standing as a guardian. In [https://canlii.ca/t/fz3fl D. v D.], a 2013 Provincial Court decision, the court described such orders as “extreme” and granted only in “rare” cases:
<blockquote>[24] When considering an application to terminate a parent's guardianship, I am of the view that considering the factors enumerated in s. 37(2) of the ''Family Law Act'', termination can only occur in the most extreme situations. The approach to be taken is, first, to ask whether, through an allocation of parenting responsibilities, it continues to be in the best interests of the children that the parent remain a guardian. If it is, guardianship should not be terminated. It must be remembered that once a parent is no longer a guardian, that parent loses all parenting responsibilities and rights and is simply an adult who may have contact with the children.</blockquote>