Difference between revisions of "Parents"
From Clicklaw Wikibooks
→Who is a "parent?"
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==Who is a "parent?"== | ==Who is a "parent?"== | ||
People who are "parents" under the ''Family Law Act'', including stepparents, are required to help their children by paying ''child support''. People who are parents may also ask for orders about ''parental responsibilities'' and ''parenting time''. People who aren't parents are usually limited to asking for orders giving them ''contact'' with a child. | People who are "parents" under the ''[[Family Law Act]]'', including stepparents, are required to help their children by paying ''child support''. People who are parents may also ask for orders about ''parental responsibilities'' and ''parenting time''. People who aren't parents are usually limited to asking for orders giving them ''contact'' with a child. | ||
Part 3 of the provincial ''Family Law Act'' provides a comprehensive scheme for determining the parentage of children that applies for all legal purposes in British Columbia, including for family law disputes and wills and estates matters, except when parentage is determined under the ''[http://canlii.ca/t/84g5 Adoption Act]''. Section | Part 3 of the provincial ''Family Law Act'' provides a comprehensive scheme for determining the parentage of children that applies for all legal purposes in British Columbia, including for family law disputes and wills and estates matters, except when parentage is determined under the ''[http://canlii.ca/t/84g5 Adoption Act]''. Section 23 says this: | ||
<blockquote><tt>(1) For all purposes of the law of British Columbia,</tt></blockquote> | <blockquote><tt>(1) For all purposes of the law of British Columbia,</tt></blockquote> | ||
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<blockquote><tt>(c) he married the child's birth mother after the child's birth and acknowledges that he is the father;</tt></blockquote> | <blockquote><tt>(c) he married the child's birth mother after the child's birth and acknowledges that he is the father;</tt></blockquote> | ||
<blockquote><tt>(d) he was living with the child's birth mother in a marriage-like relationship within 300 days before, or on the day of, the child's birth;</tt></blockquote> | <blockquote><tt>(d) he was living with the child's birth mother in a marriage-like relationship within 300 days before, or on the day of, the child's birth;</tt></blockquote> | ||
<blockquote><tt>(e) he, along with the child's birth mother, has acknowledged that he is the child's father by having signed a statement under section 3 of the Vital Statistics Act</tt></blockquote> | <blockquote><tt>(e) he, along with the child's birth mother, has acknowledged that he is the child's father by having signed a statement under section 3 of the Vital Statistics Act;</tt></blockquote> | ||
<blockquote><tt>(f) he has acknowledged that he is the child's father by having signed an agreement under section 20 of the Child Paternity and Support Act, R.S.B.C. 1979, c. 49.</tt></blockquote> | |||
Presumptions like these were once very important when there was no reliable way to scientifically verify that a particular man was the father of a child. These days, however, we do have the technology and a man who disputes paternity despite these presumptions can ask for an order that a paternity test be conducted. | Presumptions like these were once very important when there was no reliable way to scientifically verify that a particular man was the father of a child. These days, however, we do have the technology and a man who disputes paternity despite these presumptions can ask for an order that a paternity test be conducted. | ||
