If you are asking for an order or award about parenting after separation, it is very important that you have read and understand the best-interests factors, and that you think about how you can give evidence to the court about the different factors.
===Guardianship after separation===
Under section 39 of the ''[[Family Law Act]]'', the parents of a child are presumed to be the child's guardians, both while the parents are living together and after they separate. These parents are guardians in fact and in law and do not need a court order to give them guardianship of their children. They're guardians already! Other people may also be presumed to be the guardians of a child:
#people who are parents under an assisted reproduction agreement, and
#a parent who has never lived with the other parent but "regularly cares" for the child.
The ''[[Divorce Act]]'' does not make any presumptions about who has decision-making responsibilities for or parenting time with the children after separation.
==Key legal concepts about parenting after separation==