Guardianship

This is the term used by our provincial statute, the Family Law Act, to describe who is responsible for the care, upbinging, and estate of the child(ren).  Whether a child’s parents are together or separated, parents are deemed guardians of their child(ren).  To change guardianship status, you must apply to the court for an order or sign a written agreement.  Under a Will, guardianship can be allocated to someone other than a parent.  Becuase guardianship is covered under a provincial statute, you can apply to change guardianship in either the Provincial Courts or the Supreme Courts.  Family members, such as grandparents, siblings, step-parents, as well as non-family members can apply to the court for guardianship if they deem the current guardians to be unfit or a danger to the safety and well being of the children.

Parental Responsibilities

In the Family Law Act, these responsibilities are set out so it is clear for those parents and guardians involved in a family law dispute what the courts expect of them.  These responsibiities can be shared or allocated separately to guardians.  Only guardians can be given parental responsibilities.  put in the quote from the act

Parenting Time/Contact

Parenting Time is the term used by our provincial statute, the family law act, to describe the time each parent spends with their children [known as “access” under the Divorce Act (Canada)].  Parenting time is only awarded to guardians and during this time the guardian can make the day-to-day descisions about the child and is responsible for the care and supervision of the child.  Parenting time is allocated via a “parenting schedule”, which sets out the days and length of each parents “parenting time”.  Where guardians cannot agree on a parenting schedule that is in the best interests of the child(ren), they can utilize the assistance of a Parenting Coordinator or they can apply to either level of court (provincal or supreme) for an order setting out a parenting schedule.  The best interests of the child(ren) will be the only factor considered when determining a schedule.

Contact is the term used by our provincial statute the family law act, to describe the time any non-guardian spend with children.  A non-guardian can apply to the courts for contact with a child and the courts will assess whether or not it is in the child(ren) best interests to have contact.

Adoption

Adoption is governed by our provincial statute, the Adoption Act.  Anyone who lives in British Columbia can file an application for adoption in the Supreme Court of BC.  There are four types of adoptions:

1. through the Ministry of Children and Families
2. by an adoption agency
3. by agreement between the birth parent and a non-family member
4. by a relative or step-parent

In any adoption, the courts will consider only the best interests of the child(ren) while preserving the child’s cultural identity.