Difference between revisions of "Parents"
From Clicklaw Wikibooks
→Parenting children
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Under section 39, the people who are presumed to be the ''guardians'' of a child are: | Under section 39, the people who are presumed to be the ''guardians'' of a child are: | ||
*the child's parents, as long as they lived together, | |||
*a person who is a parent of a child under an assisted reproduction agreement, and | |||
*a parent who "regularly cares" for the child. | |||
In other words, if a couple has had a child but never lived together, the parent who does not live with the child is not presumed to be a guardian of the child unless they ''regularly care'' for the child. (The curious thing about the way section 39 is written, is that ''neither'' parent is presumed to be a guardian if the parents didn't live together! This is not what the BC government meant in drafting that part of the ''Family Law Act'', of course, and so far I'm not aware of any court decisions that have addressed the problem.) | In other words, if a couple has had a child but never lived together, the parent who does not live with the child is not presumed to be a guardian of the child unless they ''regularly care'' for the child. (The curious thing about the way section 39 is written, is that ''neither'' parent is presumed to be a guardian if the parents didn't live together! This is not what the BC government meant in drafting that part of the ''Family Law Act'', of course, and so far I'm not aware of any court decisions that have addressed the problem.) | ||
