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Difference between revisions of "Children and Parenting after Separation"
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Children and Parenting after Separation (view source)
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{{Clicklawbadge | {{Clicklawbadge | ||
| resourcetype = <br/>a resource for<br/> | | resourcetype = <br/>a resource for<br/> | ||
| link = [http://clicklaw.bc.ca/helpmap/service/1133 Grandparents raising <br/> grandchildren] | | link = [http://clicklaw.bc.ca/helpmap/service/1133 Grandparents raising <br/> grandchildren]<br/>'''and information on'''<br/>[http://clicklaw.bc.ca/question/commonquestion/1118 Benefits for grandparents <br/>raising grandchildren] | ||
}} | }} | ||
Grandparents and other non-parents shouldn't be too discouraged by the generally pessimistic tone of this discussion. There are quite a few cases in which grandparents have been awarded custody of their grandchildren. It is possible to succeed on a custody application, although the chances of success depend wholly on the circumstances of each case. | Grandparents and other non-parents shouldn't be too discouraged by the generally pessimistic tone of this discussion. There are quite a few cases in which grandparents have been awarded custody of their grandchildren. It is possible to succeed on a custody application, although the chances of success depend wholly on the circumstances of each case. | ||
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There is a big difference between seeking custody or guardianship and seeking access or contact. In custody cases, the courts are concerned with the fundamental living arrangements and the health and welfare of the children. In court proceedings for access or contact, the parent usually has custody, and the court is being asked to challenge the parent or guardian's right to control his or her child's upbringing. As a result, the court will place an even greater emphasis on the discretion and judgment of the parent or guardian. | There is a big difference between seeking custody or guardianship and seeking access or contact. In custody cases, the courts are concerned with the fundamental living arrangements and the health and welfare of the children. In court proceedings for access or contact, the parent usually has custody, and the court is being asked to challenge the parent or guardian's right to control his or her child's upbringing. As a result, the court will place an even greater emphasis on the discretion and judgment of the parent or guardian. | ||
Grandparents and other non-parents do not have a presumptive right of access to or contact with children under either the ''Divorce Act'' or the ''Family Law Act'', but they can ask the court to make an order giving them access to their grandchildren. The 1993 | Grandparents and other non-parents do not have a presumptive right of access to or contact with children under either the ''[[Divorce Act]]'' or the ''[[Family Law Act]]'', but they can ask the court to make an order giving them access to their grandchildren. The 1993 British Columbia case of ''[http://canlii.ca/t/1djbt Chapman v. Chapman]'', 1993 CanLII 2598 (BC SC) sets out the general rules governing applications for access or contact by non-parents: | ||
*The burden is on the non-parent to show that the proposed access or contact is in the child's best interests. | *The burden is on the non-parent to show that the proposed access or contact is in the child's best interests. | ||
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As with applications for custody or guardianship, grandparents and other non-parents should not be discouraged by the generally pessimistic tone of this discussion. There are numerous cases in which grandparents have been awarded time with their grandchildren; it ''is'' possible to succeed on an application for access or contact. | As with applications for custody or guardianship, grandparents and other non-parents should not be discouraged by the generally pessimistic tone of this discussion. There are numerous cases in which grandparents have been awarded time with their grandchildren; it ''is'' possible to succeed on an application for access or contact. | ||
===Financial | ===Financial support=== | ||
When a non-parent obtains custody of a child or an order that the child live mostly with him or her, that person can apply for child support to be paid by the guardians of the child. The same rules will apply to a non-parent's application for child support as apply to a guardian's application, except that grandparents and other non-parents can only apply for child support under the ''Family Law Act''; they cannot apply under the ''Divorce Act''. | When a non-parent obtains custody of a child or an order that the child live mostly with him or her, that person can apply for child support to be paid by the guardians of the child. The same rules will apply to a non-parent's application for child support as apply to a guardian's application, except that grandparents and other non-parents can only apply for child support under the ''[[Family Law Act]]''; they cannot apply under the ''[[Divorce Act]]''. | ||
Grandparents are also entitled to ask for financial support from the provincial government to help meet the cost of caring for any grandchildren in their care. The province of British Columbia pays grandparents who are looking after their grandchildren at the same rate as foster parents. It's not a princely sum, but it's better than a kick in the teeth. | Grandparents are also entitled to ask for financial support from the provincial government to help meet the cost of caring for any grandchildren in their care. The province of British Columbia pays grandparents who are looking after their grandchildren at the same rate as foster parents. It's not a princely sum, but it's better than a kick in the teeth. | ||
<!--- HIDDEN | |||
==Further Reading in this Chapter== | ==Further Reading in this Chapter== | ||
* <span style="color: red;">bulleted list of other pages in this chapter, linked</span> | * <span style="color: red;">bulleted list of other pages in this chapter, linked</span> | ||
END HIDDEN ---> | |||
==Page | ==Page resources and links== | ||
===Legislation=== | ===Legislation=== | ||
* | * ''[[Family Law Act]]'' | ||
* ''[[Divorce Act]]'' | |||
* ''[http://canlii.ca/t/80mh Federal Child Support Guidelines]'' | |||
* [http://canlii.ca/t/85pb Provincial Court (Family) Rules] | |||
* [http://canlii.ca/t/8mcr Supreme Court Family Rules] | |||
===Links=== | ===Links=== | ||
* | * [http://www.pssg.gov.bc.ca/criminal-records-review/apply/#options Ministry of Justice: Application information for criminal record checks] | ||
* | * [http://www.cpic-cipc.ca/English/index.cfm Canadian Police Information Centre (CPIC)] | ||
* [http://clicklaw.bc.ca/helpmap/service/1113 Legal Services Society's Family Law Website: Children's right to time with grandparents] | |||
* [http://clicklaw.bc.ca/helpmap/service/1133 Grandparents Raising Grandchildren Support Line] | |||
* [http://clicklaw.bc.ca/question/commonquestion/1118 Clicklaw Common Question on Benefits for Grandparents Raising Grandchildren] | |||
* [http://clicklaw.bc.ca/resource/1631 Legal Services Society's Fact Sheet: Guardianship, parenting time and parental responsibilities] | |||
* [http://clicklaw.bc.ca/resource/1246 Canadian Bar Association BC Branch: Custody and access, guardianship, parenting arrangements and contact] | |||
* [http://clicklaw.bc.ca/resource/1608 Legal Services Society's Family Law Website: Access] | |||
* [http://clicklaw.bc.ca/resource/2639 Legal Services Society Fact Sheet: How to become a child's guardian] | |||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||