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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 17:22, 2 July 2019
, 17:22, 2 July 2019→The Family Law Act
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====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, they 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]]''. | Whether a caregiver or extended family member is applying under the ''[[Family Law Act]]'' for guardianship, and the rights and obligations that go along with it, or for contact, they 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===== | ||
Under s. 40(1) of the ''Family Law Act'', only people who are the guardians of a child have ''parental responsibilities'' and ''parenting time'' with respect to that child. People who are not the guardians of a child may have ''contact'' with the child | Under s. 40(1) of the ''Family Law Act'', only people who are the guardians of a child have ''parental responsibilities'' and ''parenting time'' with respect to that child. People who are not the guardians of a child may have ''contact'' with the child but do not have the right to participate in making decisions about the raising of the child or the right to get information from the important people involved in the child's life, such as doctors, teachers, coaches, and so on. | ||
Under s. 39, the people who are presumed to be the guardians of a child are: | Under s. 39, the people who are presumed to be the guardians of a child are: | ||
*the child's parents, as long as they lived together after the child was born, | |||
*a person who is a parent of a child under an assisted reproduction agreement, and | |||
*a parent who "regularly cares" for the child. | |||
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 them 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 as the guardian of a child upon the death of a guardian under s. 53. | |||
Since being appointed as a standby guardian or a testamentary guardian can both take some time, a caregiver or extended family member who feels the need to step in sooner rather than later will apply for appointment as the guardian of a child under s. 51. | Since being appointed as a standby guardian or a testamentary guardian can both take some time, a caregiver or extended family member who feels the need to step in sooner rather than later will apply for appointment as the guardian of a child under s. 51. | ||
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*making decisions about whom the child will live with and associate with, | *making decisions about whom the child will live with and associate with, | ||
*making decisions about the child's education and participation in extracurricular activities, | *making decisions about the child's education and participation in extracurricular activities, | ||
*giving, refusing, or withdrawing consent to medical, dental and other health-related treatments for the child, | *giving, refusing, or withdrawing consent to medical, dental, and other health-related treatments for the child, | ||
*applying for a passport, licence or permit for the child, | *applying for a passport, licence, or permit for the child, | ||
*giving, refusing, or withdrawing consent for the child, if consent is required, | *giving, refusing, or withdrawing consent for the child, if consent is required, | ||
*receiving and responding to any notice that a parent or guardian is entitled or required by law to receive, and | *receiving and responding to any notice that a parent or guardian is entitled or required by law to receive, and | ||
*requesting and receiving from third parties health, education, or other information respecting the child. | *requesting and receiving from third parties health, education, or other information respecting the child. | ||
Authorizations like these are mostly used when the child needs to go somewhere else to attend school and the guardian needs to make arrangements for the child to be looked after | Authorizations like these are mostly used when the child needs to go somewhere else to attend school and the guardian needs to make arrangements for the child to be looked after when the guardian is seriously ill but going to recover, and when the guardian is going to be out of commission while recovering from a surgery or treatment. | ||
=====Contact with a child===== | =====Contact with a child===== | ||