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Children and Parenting after Separation

114 bytes added, 18:31, 3 July 2022
The Family Law Act
*any previous civil or criminal court proceedings involving the applicant that are related to the best interests of the child.
Someone who is applying to become a guardian must also get a criminal records check, a protection order registry records check , and a records check from the Ministry of Children and Family Development.
People who are a guardian of a child , including people who have been appointed as a child's guardian by court order, may ask the court for an order about the child's ''"parenting arrangements'' " under section 45(1) of the act. An order about a child's "''parenting arrangements" '' is an order about ''"parenting time'' " with or ''"parental responsibilities'' in respect of " 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. "Parental responsibilities" means the responsibility for making decisions on behalf of a child about important things like the child's healthcare or education. (Parenting time and parental responsibilities are discussed in a lot more detail in the sectionb section [[Basic Principles of Parenting after Separation|Parenting after Separation]].)
Under section 59 of the ''Family Law Act'', someone who isn't a ''guardian'' may ask the court for a "contact order." A ''contact order''. A "contact order" is an order about the time that someone who isn't a guardian has with a child. This sounds just like 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. Someone with contact, on the other hand, does not have this right. Contact is just about spending time with the child and nothing else. (Contact is also discussed in the section [[Basic Principles of Parenting after Separation|Parenting after Separation]].)
Under section 149(1) and 149(2)(b) of the act, any person may ask the court for an order that a child's parent, stepparent or guardian pay ''child support'' for the benefit of a child to a "designated person," normally the person the child lives with the most. (Child support is discussed in a lot more detail in the [[Child Support]] chapter.) The court must be satisfied that the contact asked for is in the best interests of the child. People who are applying for contact don't need to get a criminal records check, a protection order registry records check or an MCFD a Ministry of Children and Family Development records check.
If the child's guardians are already in court, a child's grandparents, extended family members and others person who arenisn't parents a parent of the child can start a court proceeding and ask that the new proceeding be ''"joined'' " to the court proceeding between the guardians. They can then ask for orders about guardianship of the child, the child's parenting arrangements, contact with the child or child support for the child.
If the guardians are not already in court, a person who isn't a parent of the child's grandparents, extended family members and others can start a court proceeding against the child's parents or guardians and ask for orders about guardianship, parenting arrangements, contact with the child or child supportfor the child.
===Guardianship, decision-making and parenting time===