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→The law about children
A ''child of the marriage'' is a child of one or both spouses who:
#is under the provincial age of majority and has not "withdrawn from their charge;"; or,#older than the age of majority but is ''unable to withdraw'' from the spouses' care "by reason of illness, disability or other cause."
In British Columbia, the age of majority is 19. 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 the child is going to college or university. There are a few court decisions where "other cause" has been interpreted to include circumstances in which the child is unemployed after reaching the age of majorityand is "unable to withdraw" from their parents' charge because they can't find a job.
===How are decisions about children made?===
<blockquote><tt>(2) When considering the factors referred to in subsection (3), the court shall give primary consideration to the child’s physical, emotional and psychological safety, security and well-being.</tt></blockquote>
Section 16(3) provides a list of specific factors that the court should take into account when decided deciding what order is in the "best interests of the child." That list includes things like the child's wishes, needs, age, relationships with brothers and sisters, history of care, and cultural upbringing. The list also includes the presence of family violence in the child's life. When family violence is a concern, section 16(4) provides an additional a list of additional 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 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."(In legislation, "shall" means ''must''.)
Although a court can make orders about the parenting of any children who are under the age of majority, in practice the court usually won't make orders involving older children who are close to the age of majority. Children who are that old are usually old mature enough to make decisions for themselves about where they'd like to live, and the court will usually respect their decisions.
===Who can ask for parenting orders and contact orders?===
<blockquote><blockquote><tt>(b) a person, other than a spouse, who is a parent of the child, stands in the place of a parent or intends to stand in the place of a parent.</tt></blockquote></blockquote>
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 proceeding between spouses, section 16.3 says that they must get the court's permission first.
Under section 16.5(1), anyone other than a spouse can apply for an order that they have contact with a child. Like parents and stepparents who want parenting orders, the court must give permission for someone to apply for contact.
===What rights entitlements does decision-making responsibility give?===
Under section 2(1) of the ''Divorce Act'', someone with decision-making responsibility has the responsibility for making "significant decisions" about "a child's wellbeing," including about healthcare, education, culture, language, religion, and "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's education.)
Someone with decision-making responsibility also has the right to get information about the child's wellbeing from another person with decision-making responsibility and from any person who has might have that information, like doctors or teachers.
===What rights entitlements does parenting time 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.
Someone with parenting time has the right is entitled to make day-to-day decisions affecting the child during their time with the child, as well as and has the right to get information about the child's wellbeing from another person with decision-making responsibility and from any person who has might have that information.
===What rights entitlements does contact give?===
Contact is the time a child of the marriage has with someone other than a spouse.
Someone with contact with a child ''does not'' have the right to make day-to-day decisions about the child. Someone with contact ''does not '' have the right to get information about the child's wellbeing from persons with decision-making responsibility and or from anyone else who might have that information.
===How are parenting orders and contact orders enforced?===
''Divorce Act'' parenting orders and 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 about enforcing orders and under the provincial ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''.
===How are parenting orders and contact orders changed?===
Under section 17(1)(b) of the act''Divorce Act'', a spouse or another person can apply to change, or ''vary'', a parenting order, but someone who isn't a spouse has to get permission from the court first. Under section 17(1)(c), applications to change a contact order can be made by "a person to whom the order relates,"usually themselves or a spouse.
The legal test that must be met before the court changes a parenting order or contact order is at section 17(5) and (5.1):
<blockquote><tt>(5.1) For the purposes of subsection (5), a former spouse’s terminal illness or critical condition shall be considered a change in the circumstances of the child, and the court shall make a variation order in respect of a parenting order with regard to the allocation of parenting time.</tt></blockquote>
==The law about child support==