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Difference between revisions of "Grandparents and Extended Family Members"
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Grandparents and Extended Family Members (view source)
Revision as of 02:07, 21 May 2013
, 02:07, 21 May 2013→Introduction
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==Introduction== | ==Introduction== | ||
Grandparents and other people who are not parents normally become involved in court proceedings dealing with children | Grandparents and other people who are not parents normally become involved in court proceedings dealing with children in only a few situations: | ||
*where one or both of the guardians of the children are dead, | *where one or both of the guardians of the children are dead, | ||
*where one or both of the guardians have abandoned the children or the care of the children, | *where one or both of the guardians have abandoned the children or the care of the children, | ||
*where there are serious concerns about the | *where there are serious concerns about the ability of the guardians to care for the children, or | ||
*where they are being denied time or involvement with the children. | *where they are being denied time or involvement with the children. | ||
Their concerns are usually about supervising the parenting of the children or getting a schedule in place that will let them see the children on a regular basis. | Their concerns are usually about supervising or managing the parenting of the children, or about getting a schedule in place that will let them see the children on a regular basis. | ||
Two laws might apply to caregivers and extended family members who are seeking | Two laws might apply to caregivers and extended family members who are seeking orders about parenting the children or having time with them. Where the children's parents are already in court about the children, that might be the federal ''[[Divorce Act]]'' if the parents are or were married, or the provincial ''[[Family Law Act]]'' whether they were married or not. If the children's parents are not involved in a court proceeding between each other, it will be the ''Family Law Act''. | ||
Each law has different rules about how and when people other than parents can apply for orders about children, and it's important to understand which law might be applicable. | Each law has different rules about how and when people other than parents can apply for orders about children, and it's important to understand which law might be applicable. | ||
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Under s. 16(1) of the ''Divorce Act'', the court can make an order for ''custody'' or ''access'' on the application of a spouse or "any other person." Section 16(3), however, says that an "other person" must get the court's permission before bringing on such an application. | Under s. 16(1) of the ''Divorce Act'', the court can make an order for ''custody'' or ''access'' on the application of a spouse or "any other person." Section 16(3), however, says that an "other person" must get the court's permission before bringing on such an application. | ||
Since we're talking about the ''Divorce Act'', a court proceeding must have already started between married spouses or formerly married spouses before a child's caregivers and extended family members can step in; there must be an existing proceeding in which to bring the application. | Since we're talking about the ''Divorce Act'', a court proceeding must have already started between married spouses or formerly married spouses before a child's caregivers and extended family members can step in; there must be an existing proceeding between the spouses in which to bring the application. | ||
===The ''Family Law Act''=== | ===The ''Family Law Act''=== | ||
The ''Family Law Act'' talks about ''guardians'' who have ''parental responsibilities'' and | The ''Family Law Act'' talks about ''guardians'' who have ''parental responsibilities'' and ''parenting time'' with children, and about people who are not guardians who have ''contact'' with a child. | ||
If the child's guardians are already in court, a child's caregiver or extended family member can start a court proceeding, and ask that the new proceeding be ''joined'' to the proceeding between the guardians. Once that happens, the caregivers and extended family members can ask to vary any orders that have already been made between the guardians. | If the child's guardians are already in court, a child's caregiver or extended family member can start a court proceeding, and ask that the new proceeding be ''joined'' to the proceeding between the guardians. Once that happens, the caregivers and extended family members can ask to vary any orders that have already been made between the guardians. | ||
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===Orders and agreements=== | ===Orders and agreements=== | ||
This section talks about the orders available to children's caregivers and extended family members, and is written on the assumption that someone who is interested in securing a right to involvement in a child's life will be going to court to secure that right. | This section talks about the orders available to children's caregivers and extended family members, and is written on the assumption that someone who is interested in securing a right to involvement in a child's life will be going to court to secure that right. After all, if the child's parents or guardians were okay with the kind of involvement the person is looking for, there'd be no need to secure an order as they'd likely give their permission. In such circumstances, there's no reason at all why the child's parents or guardians and the caregiver or extended family member couldn't make an agreement on the issue instead of going to court. | ||
A family law agreement is a contract between two or more people that is enforceable by the courts, just like any other kind of contract. The sort of agreement a child's caregiver or extended family member would want to sign might: | |||
A family law agreement is a contract between two or more people that is enforceable by the courts, just like any other kind of contract. The sort of agreement a child's caregiver | |||
* authorize the caregiver or extended family member to exercise certain parental responsibilities in relation to the child, under s. 43(2) of the ''Family Law Act'', | * authorize the caregiver or extended family member to exercise certain parental responsibilities in relation to the child, under s. 43(2) of the ''Family Law Act'', | ||