We are delighted that Ari Wormeli of our offices was interviewed by Bill Good today on CKNW 98 radio as he explained the proposed new BC Family Law Act.
BC “parenting time”, “contact”, guardianship and notably “PARENTING RESPONSIBILITIES” are phrases the Vancouver family law lawyers at the MacLean Family Law Group want you to be aware of now that the new BC Family Law Act is on its way to being proclaimed in force over the next 18 months. If you are involved in a divorce then custody and access are still terms that will be used in child custody cases. We have highlighted some key concepts of the new Act for you. if you are involved in the custody, access and guardianship case and one find out more about the new legislation call us at any of our four offices in British Columbia or toll-free at 1 877 602 9900.
39 (1) While a child’s parents are living together and after the child’s parents separate, each parent of the child is the child’s guardian.
(2) Despite subsection (1), an agreement or order made after separation or when the parents are about to separate may provide that a parent is not the child’s guardian.
(4) If a child’s guardian and a person who is not the child’s guardian marry or enter into a marriage-like relationship, the person does not become a guardian of that child by reason only of the marriage or marriage-like relationship.
Parenting arrangements
40 (1) Only a guardian may have parental responsibilities and parenting time with respect to a child.
Parental responsibilities
41 For the purposes of this Part, parental responsibilities with respect to a child are as follows:
(a) making day-to-day decisions affecting the child and having day-to-day care, control and supervision of the child;
(b) making decisions respecting where the child will reside;
(c) making decisions respecting with whom the child will live and associate;
(d) making decisions respecting the child’s education and participation in extracurricular activities, including the nature, extent and location;
(e) making decisions respecting the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including, if the child is an aboriginal child, the child’s aboriginal identity;
(f) subject to section 17 of the Infants Act, giving, refusing or withdrawing consent to medical, dental and other health-related treatments for the child;
(g) applying for a passport, licence, permit, benefit, privilege or other thing for the child;
(h) giving, refusing or withdrawing consent for the child, if consent is required;
(i) receiving and responding to any notice that a parent or guardian is entitled or required by law to receive;
(j) requesting and receiving from third parties health, education or other information respecting the child;
(k) subject to any applicable provincial legislation,
(i) starting, defending, compromising or settling any proceeding relating to the child, and
(ii) identifying, advancing and protecting the child’s legal and financial interests;
(l) exercising any other responsibilities reasonably necessary to nurture the child’s development.
Parenting time
42 (1) For the purposes of this Part, parenting time is the time that a child is with a guardian, as allocated under an agreement or order.
(2) During parenting time, a guardian may exercise, subject to an agreement or order that provides otherwise, the parental responsibility of making day-to-day decisions affecting the child and having day-to-day care, control and supervision of the child.
