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Difference between revisions of "Parents"
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→The Care of Children
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In other words, if a couple had 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 he or she "regularly cares" for the child. | In other words, if a couple had 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 he or she "regularly cares" for the child. | ||
A parent who isn't a guardian can become a guardian if the child's other guardians, who may be just the other parent, agree that the parent should be a guardian. If the parents can't agree on this, then: | A parent who isn't a guardian can become a guardian if the child's other guardians, who may be just the other parent, agree that the parent should be a guardian. If the parents can't agree on this, then the parent who doesn't live with the child has three choices. He or she: | ||
# | #must settle for having contact with the child and not being able to participate in parenting the child; | ||
# | #must prove that he or she "regularly cares" for the child, in order to be recognized as a guardian of the child who is entitled to participate in parenting the child; or, | ||
# | #must apply to be appointed as the guardian of a child under s. 51 of the ''Family Law Act''. | ||
Applications for appointment as guardian are difficult as the person who is making the application must provide a special kind of affidavit that talks about the children who are and have been in the person's care, any civil or criminal court proceedings that might impact on the safety of a child and any history of involvement with the Ministry for Children and Family Development, and to which must be attached recent MCFD and police records checks. | Applications for appointment as guardian are difficult as the person who is making the application must provide a special kind of affidavit that talks about the children who are and have been in the person's care, any civil or criminal court proceedings that might impact on the safety of a child and any history of involvement with the Ministry for Children and Family Development, and to which must be attached recent MCFD and police records checks. | ||