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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 19:21, 2 August 2017
, 19:21, 2 August 2017no edit summary
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* 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'', | ||
* provide the caregiver or extended family member with specific rights of contact with the child, under s. 58(1) of the act, or | * provide the caregiver or extended family member with specific rights of contact with the child, under s. 58(1) of the act, or | ||
* require one or more parents or guardians to provide child support to the caregiver or extended family member, under s. 147(1) of the | * if the child is living with the caregiver or extended family member, require one or more parents or guardians to provide child support to the caregiver or extended family member, under s. 147(1) of the act. | ||
It's important to know that a child's guardians cannot make an agreement appointing anyone | It's important to know, as you'll see further on in this section, that a child's guardians cannot make an agreement appointing anyone other than a parent as a guardian. Only the court can make someone other than a parent a guardian, and that requires an application to court and a court order. | ||
==Rights and responsibilities of caregivers and extended family members== | ==Rights and responsibilities of caregivers and extended family members== | ||
A child's caregivers and extended family members can ask for orders about the care of a child under the provincial ''[[Family Law Act]]''. If the child's parents are married and have an order made under the federal ''[[Divorce Act]]'', the child's caregivers and extended family members ''must'' make any applications about the child under that | A child's caregivers and extended family members can ask for orders about the care of a child under the provincial ''[[Family Law Act]]''. If the child's parents are married and have an order made under the federal ''[[Divorce Act]]'', the child's caregivers and extended family members ''must'' make any applications about the child under that act and they must get the court's permission first. | ||
Where a child winds up living mostly with a caregiver or extended family member, the caregiver or extended family member can ask for an order under the ''Family Law Act'' requiring either or both of the child's parents to pay child support. | Where a child winds up living mostly with a caregiver or extended family member, the caregiver or extended family member can ask for an order under the ''Family Law Act'' requiring either or both of the child's parents to pay child support. | ||
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====The ''Divorce Act''==== | ====The ''Divorce Act''==== | ||
When a child's caregiver or extended family member must apply for orders about the child under the ''[[Divorce Act]]'', | When a child's caregiver or extended family member must apply for orders about the child under the ''[[Divorce Act]]'', he or she will be asking for orders about ''custody'' and ''access''. These applications will usually be applications to change, or ''vary'', an order that has already been made between the child's parents. | ||
To vary an order for custody or access, s. 17(5) of the ''Divorce Act'' requires proof of a change in circumstances: | To vary an order for custody or access, s. 17(5) of the ''Divorce Act'' requires proof of a change in circumstances: | ||
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<blockquote><tt>Before the court makes a variation order in respect of a custody order, the court shall satisfy itself that there has been a change in the condition, means, needs or other circumstances of the child of the marriage occurring since the making of the custody order or the last variation order made in respect of that order, as the case may be, and, in making the variation order, the court shall take into consideration only the best interests of the child as determined by reference to that change.</tt></blockquote> | <blockquote><tt>Before the court makes a variation order in respect of a custody order, the court shall satisfy itself that there has been a change in the condition, means, needs or other circumstances of the child of the marriage occurring since the making of the custody order or the last variation order made in respect of that order, as the case may be, and, in making the variation order, the court shall take into consideration only the best interests of the child as determined by reference to that change.</tt></blockquote> | ||
Once a change in circumstances has been proven, the child's caregiver or extended family member must then show why it is in the best interests of the child for the court to make the order | Once a change in circumstances has been proven, the child's caregiver or extended family member must then show why it is in the best interests of the child for the court to make the order he or she is asking for, and the court will usually extend a great deal of respect to the wishes of the child's parents. These issues are discussed in more detail in the chapter on [[Children in Family Law Matters|Children]], in the section [[Custody and Access]]. | ||
====The ''Family Law Act''==== | ====The ''Family Law Act''==== | ||
Whether a caregiver or extended family member is applying under the ''[[Family Law Act]]'' for guardianship, and the rights that go along with it, or for contact, | Whether a caregiver or extended family member is applying under the ''[[Family Law Act]]'' for guardianship, and the rights that go along with it, or for contact, he or she must show why it is in the best interests of the child for the court to make the order asked for. The court will usually extend a great deal of respect to the wishes of the child's guardians in considering these applications, and often, depending on the child's age and maturity, to the wishes of the child. These issues are discussed in more detail in the section [[Guardianship, Parenting Arrangements and Contact]] in the chapter on [[Children in Family Law Matters|Children]]. | ||
=====Guardianship, parental responsibilities and parenting time===== | =====Guardianship, parental responsibilities and parenting time===== | ||
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A child's caregiver or extended family member who isn't a parent under an assisted reproduction agreement is not presumed to be a guardian of the child. A caregiver or extended family member may become the guardian of a child by: | A child's caregiver or extended family member who isn't a parent under an assisted reproduction agreement is not presumed to be a guardian of the child. A caregiver or extended family member may become the guardian of a child by: | ||
#applying for an order appointing | #applying for an order appointing him or her as a guardian of a child under s. 51, | ||
#being appointed by as the standby guardian of a child under s. 55, or | #being appointed by as the standby guardian of a child under s. 55, or | ||
#being appointed as the guardian of a child upon the death of a guardian under s. 53. | #being appointed as the guardian of a child upon the death of a guardian under s. 53. | ||
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=====Authorizations to exercise parental responsibilities===== | =====Authorizations to exercise parental responsibilities===== | ||
Under s. 43(2) of the ''Family Law Act'', a guardian who is temporarily unable to exercise certain parental responsibilities may authorize someone to exercise those responsibilities on | Under s. 43(2) of the ''Family Law Act'', a guardian who is temporarily unable to exercise certain parental responsibilities may authorize someone to exercise those responsibilities on his or her behalf, including a child's caregiver or a member of the child's extended family. Such authorizations must be made in writing, and should say exactly what it is that the authorized person can do. | ||
The parental responsibilities that someone can exercise under a written authorization are: | The parental responsibilities that someone can exercise under a written authorization are: | ||
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====The ''Family Law Act''==== | ====The ''Family Law Act''==== | ||
The ''Family Law Act'' says, at s. 147(1), that each parent has a duty to provide support for | The ''Family Law Act'' says, at s. 147(1), that "each parent" has a duty to provide support for his or her child, as long as the child in question is a ''child'' as defined by s. 146 and hasn't become a spouse or withdrawn from the care of his or her parents under s 147(1). Under s. 149, the court can make an order requiring a parent to pay child support to "a designated person" on the application of "a person acting on behalf of a child:" | ||
<blockquote><tt>(1) ...on application by a person referred to in subsection (2), a court may make an order requiring a child's parent or guardian to pay child support to a designated person.</tt></blockquote> | <blockquote><tt>(1) ...on application by a person referred to in subsection (2), a court may make an order requiring a child's parent or guardian to pay child support to a designated person.</tt></blockquote> | ||