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Difference between revisions of "Children Born to Unmarried Spouses (No. 147)"
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Children Born to Unmarried Spouses (No. 147) (view source)
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==What if you want to adopt your spouse’s child?== | ==What if you want to adopt your spouse’s child?== | ||
You can only adopt your spouse’s child if the child’s other parent is prepared to give up his or her rights. If the other parent agrees, you can adopt your spouse’s child. It’s important to know that when you adopt a child, you get all of the obligations of a parent of the child, including the obligation to pay child support and contribute to the cost of the child’s expenses. Note that a child who is 12 years old or older must agree to be adopted and has to give consent. There are circumstances under which the consent of the parents is not required; refer to script 145 on “Adoption” for more information on this topic. | You can only adopt your spouse’s child if the child’s other parent is prepared to give up his or her rights. If the other parent agrees, you can adopt your spouse’s child. It’s important to know that when you adopt a child, you get all of the obligations of a parent of the child, including the obligation to pay child support and contribute to the cost of the child’s expenses. Note that a child who is 12 years old or older must agree to be adopted and has to give consent. There are circumstances under which the consent of the parents is not required; refer to script [[Adoption (Script 145)|145]] on “Adoption” for more information on this topic. | ||
What if you want to place your child for adoption? | ==What if you want to place your child for adoption?== | ||
Usually both parents have to agree to the adoption. Before a court will make an adoption order, the judge must be satisfied that the other parent has been told about the adoption and has been given an opportunity to say whether he or she agrees. For more information, refer to script 145 on “Adoption”. | Usually both parents have to agree to the adoption. Before a court will make an adoption order, the judge must be satisfied that the other parent has been told about the adoption and has been given an opportunity to say whether he or she agrees. For more information, refer to script [[Adoption (Script 145)|145]] on “Adoption”. | ||
What rights do you have to be kept safe from an abusive ex-spouse? | ==What rights do you have to be kept safe from an abusive ex-spouse?== | ||
If you or your children are being threatened by your former spouse, you can apply for a protection order under the Family Law Act and you can file a report with the police. You can get a court order saying that your spouse must stay away from you and your children. If your spouse breaks this order, he or she can face criminal charges. For more information, refer to: | If you or your children are being threatened by your former spouse, you can apply for a protection order under the ''Family Law Act'' and you can file a report with the police. You can get a court order saying that your spouse must stay away from you and your children. If your spouse breaks this order, he or she can face criminal charges. For more information, refer to: | ||
script 217 on “Applying for a Peace Bond and Filing Assault Charges” | *script [[Applying for a Peace Bond and Filing Assault Charges (Script 217)|217]] on “Applying for a Peace Bond and Filing Assault Charges” | ||
script 155 on “Family Violence” | *script [[Family Violence (Script 155)|155]] on “Family Violence” | ||
script 156 on “Reporting Suspected Child Abuse” | *script [[Reporting Suspected Child Abuse (Script 156)|156]] on “Reporting Suspected Child Abuse” | ||
Can your children use your spouse’s last name? | ==Can you use your spouse’s last name?== | ||
Yes. In fact, you can call yourself any name you choose, so long as you don’t do it to break the law or to cheat anyone. However you won’t be able to get government identification documents in any name other than your legal name. You can apply for a legal name change if you wish. For more information, refer to script [[Changing Your Name (Script 161)|161]] on “Changing Your Name”. | |||
==Can your children use your spouse’s last name?== | |||
You can also use whatever last name you want for your children. You can apply to legally change the children’s last name to your spouse’s last name, as long as your spouse does not mind. The Director of Vital Statistics can process a change of name for your children even if the children’s other parent doesn’t consent, but you have to convince the Director that the children’s names should be changed. Children over the age of 12 also have to agree to the legal change of their name. | You can also use whatever last name you want for your children. You can apply to legally change the children’s last name to your spouse’s last name, as long as your spouse does not mind. The Director of Vital Statistics can process a change of name for your children even if the children’s other parent doesn’t consent, but you have to convince the Director that the children’s names should be changed. Children over the age of 12 also have to agree to the legal change of their name. | ||
For more information on this, see the Vital Statistics Agency’s website at www.vs.gov.bc.ca, or call the main office in Victoria at 250.952.2681. | For more information on this, see the Vital Statistics Agency’s website at [http://www.vs.gov.bc.ca/ www.vs.gov.bc.ca], or call the main office in Victoria at 250.952.2681. | ||
==Where can you get help or more information?== | |||
*Family Justice Counsellors in Family Justice Centres throughout BC can help you with custody, child support, and related issues. Their services are free. Call 604.660.2421 in the lower mainland, 250.387.6121 in Greater Victoria, or toll-free 1.800.663.7867 elsewhere in BC, and ask to speak with a Family Justice Counsellor in the Family Justice Centre nearest you. | |||
*See the [http://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice Family Justice website]. | |||
*Read the booklet “[http://www.legalaid.bc.ca/publications/pub.php?pub=347 Living Together or Living Apart: Common-law Relationships, Marriage, Separation, and Divorce]” by the Legal Services Society of BC and available free on their website at [http://www.legalaid.bc.ca/ www.legalaid.bc.ca]. To find it, click “Our publications” then under “I want to find a publication by subject” click “Family law”. | |||
*See the Legal Services Society’s Family Law in BC website at [http://www.familylaw.lss.bc.ca/ www.familylaw.lss.bc.ca] — under “Your legal issue,” click “[http://www.familylaw.lss.bc.ca/legal_issues/commonLawBasics.php Common-law relationships]”. | |||
*Visit the wikibook ''[http://wiki.clicklaw.bc.ca/index.php/JP_Boyd_on_Family_Law JP Boyd on Family Law]'', hosted by Courthouse Libraries BC. | |||