===Who is a "child of the marriage"?===
The ''[[Divorce Act]]'' talks about "children of the marriage" rather than just saying "children." A ''child must qualify as a "child of the marriage'' is a " before the court can make orders about parenting that child of one or both spouses who is under the provincial age of majority, or older but ''unable to withdraw'' from the spouses' care. In British Columbia, the age of majority is 19. In other provinces, like Alberta and Manitoba, the age of majority is 18paying child support for that child.
Although A ''child of the marriage'' is a court can make orders about the care child of children one or both spouses who are : #is under the provincial age of majorityand has not "withdrawn from their charge"; or, in practice #older than the court usually wonage of majority but is ''t make orders involving children who are close unable to withdraw'' from the spouses' care "by reason of illness, disability or other cause." In British Columbia, the age of majorityis 19. Children who are In other provinces, like Alberta and Manitoba, the age of majority is 18. The bit about "other cause" where the act talks about adult children usually means that old the child is going to college or university. There are usually old enough to make a few court decisions for themselves about where they'd like "other cause" has been interpreted to live, and include circumstances in which the child is unemployed after reaching the court will usually respect their decisionsage of majority.
===How are decisions about children made?===
Section 16(8) of the ''[[Divorce Act]]'' says that the : <blockquote><tt>(1) The court should shall take "into consideration only the best interests of the child of the marriage as determined by reference in making a parenting order or a contact order.</tt></blockquote><blockquote><tt>(2) When considering the factors referred to in subsection (3), the court shall give primary consideration to the conditionchild’s physical, meansemotional and psychological safety, needs security and other circumstances of the child" into well-being.<span class="noglossary"/tt>account</spanblockquote> Section 16(3) provides a list of specific factors that the court should take into account when making decisions about childrendecided what order is in the "best interests of the child." That list includes things like the child's needs, age, relationships with brothers and sisters, history of care, and cultural upbringing. The act doesnlist also includes the presence of family violence in the child't go into much further detail than this except to says life. When family violence is a concern, at section 16(104) provides an additional list of factors to help the court decide how the violence has affected the child and the ability of the spouses to provide proper care for the child. Section 16(6)provides further guidance to the court. It says that "In allocating parenting time, the court shall give effect to the principle that:a child should have as much time with each spouse as is consistent with the best interests of the child."
<blockquote><tt>the Although a court shall give effect to can make orders about the principle that a child parenting of any children who are under the marriage should have as much contact with each spouse as is consistent with the best interests age of majority, in practice the child and, for that purpose, shall take into consideration court usually won't make orders involving children who are close to the willingness age of the person majority. Children who are that old are usually old enough to make decisions for whom custody is sought themselves about where they'd like to facilitate such contactlive, and the court will usually respect their decisions.</tt></blockquote>
This doesn't mean that it is ''always'' best ===Who can ask for a child to have an equal or near-equal amount of time with each spouse. It means that the court should give the child as much time with each spouse ''as is consistent with the child's best interests''. That might be an equal or a near-equal amount of time, or it might be every other weekend, or it might be no time at all.parenting orders and contact orders?===
===Who Under section 16.1(1)(a) of the ''[[Divorce Act]]'', a ''spouse'' can ask for orders about custody decision-making responsibility and access?===parenting time as well as:
Under section 16<blockquote><blockquote><tt>(1b) of the ''[[Divorce Act]]''a person, other than a spouse or ''any other person'' can apply to court for an order that they have custody of or access to a child. However, a person who is not a spouse, including a parent of the child's grandparents, cannot make stands in the application without first getting place of a parent or intends to stand in the court's permissionplace of a parent.</tt></blockquote></blockquote>
===What rights does custody give?===Although parents and stepparents — people who "stand in the place of a parent — can apply for orders about decision-making responsibility and parenting time in a court action between spouses, section 16.3 says that they must get the court's permission first.
''Custody'' sometimes means the house where the children live most of the time, but it can also mean having the right to get information about the children's activities, schooling, and well-being, as well as the right to participate in making decisions about those things. Under section 16.5(41) of the ''[[Divorce Act]]'', the court anyone other than a spouse can apply for an order that one or more persons they have custody of contact with a child. Like parents and stepparents who want parenting orders, the court must give permission for someone to apply for contact.
*When only one person has custody, that person has ''sole custody'' of the child.*When more than one person has custody, they together have ''joint custody'' of the child.===What rights does decision-making responsibility give?===
A spouse Under section 2(1) of the ''Divorce Act'', someone with sole custody decision-making responsibility has the responsibility for making "significant decisions" about "a child's home wellbeing," including about healthcare, education, culture, language, religion, and is responsible "significant extracurricular activities." The court can order that spouses share all decision-making responsibilities or that just one spouse have decision-making responsibility with respect to specific aspects of a child's life. (A court, for example, might order that one spouse have responsibility for healthcare decisions, while the other spouse has responsibility for the child on a day-to-day basis's education.)
Joint custody does not always mean that Someone with decision-making responsibility has the spouses share right to get information about the child's time equally or nearwellbeing from another person with decision-equally. Joint custody means that both spouses are expected to play a role in raising their children and in making decisions about their care responsibility and upbringing; whether they share the children's time equally from any person who has that information, like doctors or have very unequal amounts of time with the children is another questionteachers.
Under the new ''Divorce Act'', the right to make decisions about children will be described as ''===What rights does parenting responsibilities''.time give?===
===What rights does access give?===Parenting time means the time a child of the marriage spends with a spouse, and normally refers to the schedule of the child's time with each spouse.
Access usually refers to the Someone with parenting schedule of time has the spouse who sees right to make day-to-day decisions affecting the child for during their time with the least amount of timechild, or as well as the right to get information about the parenting schedule of someone who isn't a spouse. More importantly, under section 16(5) of the ''Divorce Act'child', a spouse s wellbeing from another person with decision-making responsibility and from any person who has access also has:that information.
<blockquote><tt>the right to make inquiries, and to be given information, as to the health, education and welfare of the child.</tt></blockquote>===What rights does contact give?===
This provision doesn't apply to people who are not spouses and have access to Contact is the time a child under of the marriage has with someone other than a ''Divorce Act'' orderspouse.
Under the new ''Divorce Act'', people who are spouses will have ''parenting time'' Someone with contact with a child instead of "access," and people who are not spouses may have ''contactdoes not'' with a child. People with parenting time also have the right to make day-to-day decisions affecting about the child during their time . Someone with contact ''does not '' have the right to get information about the child's wellbeing from persons with decision-making responsibility and from anyone else who might have that information.
===How are parenting orders for custody and access contact orders enforced?===
''Divorce Act'' parenting orders for custody and access contact orders have effect throughout Canada, and are enforced under the laws of each province. In British Columbia, ''Divorce Act'' orders can be enforced by a spouse under the rules of court and the provincial ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''.
===How are parenting orders for custody and access contact orders changed?===
Under section 17(1)(b) of the act, a spouse or another person can apply to change an , or ''vary'', a parenting order for custody or access, but someone who isn't a spouse has to first get permission from the courtfirst.Under section 17(1)(c), applications to change a contact order can be made by "a person to whom the order relates,"
The legal test that must be met before the court changes an a parenting order for custody or access contact order is at section 17(5) and (5.1):
<blockquote><tt>(5) Before the court makes a variation order in respect of a custody parenting order or contact 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 the order, as or of an order made under subsection 16.5(9).</tt></blockquote><blockquote><tt>(5.1) For the case may purposes of subsection (5), a former spouse’s terminal illness or critical condition shall be, and, considered a change in making the variation ordercircumstances of the child, and the court shall take into consideration only make a variation order in respect of a parenting order with regard to the best interests allocation of the child as determined by reference to that changeparenting time.</tt></blockquote>
In other words, someone who wants to change an order must first show that there has been a change in circumstances. Then, when the court is deciding on a new order, it must consider the best interests of the child in light of that change.