Anonymous

Difference between revisions of "Custody and Access"

From Clicklaw Wikibooks
32 bytes added ,  23:27, 16 April 2013
m
Line 47: Line 47:
====People other than parents and stepparents====
====People other than parents and stepparents====


While the ''Divorce Act'' is clear that anyone can apply for the custody of a child, the court will presume that the biological parents, adoptive parents, and stepparents of a child are entitled to raise the children unless there is a clear reason why this should not be the case. Again, as in all matters touching on children, the court's decision will rest wholly on what is in the best interests of the child, not what is in the interests of the child's parents or those of third parties.
While the ''Divorce Act'' is clear that anyone can apply for the custody of a child, the court will presume that the biological parents, adoptive parents, and stepparents of a child are entitled to raise the children unless there is a clear reason why this should not be the <span class="noglossary">case</span>. Again, as in all matters touching on children, the court's decision will rest wholly on what is in the best interests of the child, not what is in the interests of the child's parents or those of third parties.


The general rules dealing with competing custody claims between a non-parent and a parent are these:
The general rules dealing with competing custody claims between a non-parent and a parent are these:
2,443

edits