Top Ten questions and answers when dealing with BC child support and BC child guardianship and bc child contact matters under the new FAMILY LAW AC “FLA”
First-Goodbye to the terms custody and access as they cease to exist under our Family Law Act (although they will still exist under the Divorce Act.)
The top rated child guardianship and child support lawyers are pleased to provide some important and deliberately brief answers to frequently asked questions on our new FLA which comes into effect on March 18, 2013. Contact us now at any of our 4 offices across BC. so you know what your new obligations and responsibilities are.
MONEY, MONEY, MONEYYY…
1. Do you have to pay child support? Just because you’re not a child’s biological parent doesn’t mean you are off the hook…parents, guardians and step-parents may all have a duty to provide support.
2. Is everyone equally responsible? No, it’s a stream of responsibility. A step-parent who qualifies is only responsible secondary to a non-parental guardian who is only responsible secondary to a paren
3. I’m a step-parent… do I have a duty to pay the amount listed in the CSG? First off, if you didn’t contribute to the support of the child for at a minimum one year or an application wasn’t brought within a year of your last contribution then you aren’t responsible to pay a dime. However, if you meet these criteria then you do have a duty to pay based on the standard of living the child experienced during your relationship with their parent/guardian and the length the child lived with you.
WHO’S YOUR CHILD?
4. Are you a guardian of your child? Biology doesn’t win. If you currently reside with your child or have resided with your child in the past you are a guardian. BUT, if you are a child’s parent but have never lived with your child you are NOT a guardian UNLESS there is an agreement stating otherwise or you regularly care for the child.
5. Do I get all guardianship rights if I am a child’s guardian? Yes, unless an order is in place or an agreement is made to the contrary. However, if two guardians do not agree with this there is NO presumption that parenting time or parenting responsibilities have to be shared equally between two guardians. Any parenting arrangement can be made – including one guardian having all the parenting responsibilities.
PARENTING RESPONSIBILITIES NOT RIGHTS
6. What are parenting responsibilities? Making decisions about EVERYTHING to do with the child including:
- Day-to-day care, control and supervision of the child
- Where the child will live
- The child’s education, culture and religious upbringing
- The child’s medical care, etc.
7. What if I want to have access to the child but I am not a guardian? Access has been replaced with CONTACT in the new Act. You can make an agreement or get an order to get contact with the child as long as it is either amenable to the guardian(s) with parental responsibility of deciding who the child associates with or the court grants it.
I LIKE TO MOVE IT, MOVE IT…
8. Thinking of moving with your child? Think twice. You cannot move with your child if it will have a “significant impact” on the child’s relationship with their other guardian or ANY other person that has contact with the child WITHOUT first giving written notice to these parties 60 days prior to the move subject to exceptions including a risk of family violence.
- Notice must include the new location and date of the move.
9. Can I object to the relocation? Maybe. Even though the relocating guardian has to notify you of the move ONLY a guardian can file an application to stop the move. so having only access which will be renamed “contact” is an issue that mary lead to more disputed guardianship hearings.
10. What will the court look at if I object to the relocation? The court will not only consider whether the move is in the best interest of the child but will also consider if the move is being made in good faith (ie. by looking at the reasons for the move and if it will enhance the quality of life of child and relocating parent) and whether there are arrangements in place for the child to still preserve relationships with people who are significant in their lives.
