Children and Family Law

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Children and Family Law

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Table of Contents

• Introduction 3
• Custody 4-5
• Access 6-8
• Child Support 9-10
• Children Need of Protection 11-13
• Adoption 14-15

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Introduction

• -Law regarding children have changed
  considerably during the last 100 years.
• -Under the Canadian legislation now, children
  have their own freedoms and rights.
• -Most laws involving children fall under
  Provincial Jurisdiction, other than Federal Law.
• -Courts determine custody of and access to
  children when parents separate.
• -Courts act on basic interest of the children.
  May it be civil, or criminal matters, the court
  works in the best interest of the child.

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Custody

• Every year in Canada, couples separate.
• A jury makes a decision about custody (which
  parent the child lives with) and access (what
  rights of visitation will be given to each
  parent).

• 25 of all Canadian families are single parents

• 4 out of 5 of these families are headed by women.

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Factors determining custody

• Stability of Home
• Separation of Siblings keeping children together
  is believed to maintain some sense of security.
• Childs preference
• Parental Conduct

Joint Custody

• -where both parents share responsibilities of the
  children.
• 2 Forms of Joint Custody
• Joint Physical Custody- share same amount of time
  with each parent.
• Joint Legal Custody- children stay alone with one
  parent while the other visits.

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Access

• 3 forms of access the court can order
• -Reasonable Access- flexible and regular
  visits.
• -Specified Access- weekends and holidays are
  shared.
• -Supervised Access- time spent in the presence
  of a supervisor.
• - Removing a child under the age of 14 from
  custodial parent commits a criminal offence.

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• Parental Mobility if parent not custodial to
  child and wishes to move, he or she may loose
  visitation rights.
• Custodial Parent if custodial parent choose to
  move- same may apply, but an agreement is reached
  by both parties.
• -If custodial parent wishes to take children
  the other parent must be informed 30 days before
  and have permission for the request.

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• If parents can not reach an acceptable agreement
  with the mediators help, custody will be
  determined in a court of law.
• CHILD ABDUCTION
• -Kidnapping ones own child, taking child with
  out his or her custody or permission.
• -most cases regarding abduction occur because
  parent has lost custody and wishes to leave stay
  with child.
• -most parents who remove their child move to
  another province.

9
Child Support

• Support is primary based on two key factors
• -Need
• -Ability to Pay
• -primary support of children is a prime
  obligation of the parents.
• -Usually it is the parents who does not have
  custody who pays for child support to the
  custodial parent.
• -All Government want prior formula to cover
  cost of raising children.

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The Level of Child Support

• Determine what amount of money is necessary to
  support the childrens need.
• Divide this amount in proportion to the parents
  incomes.
• Order the non custodial parent to pay hi or her
  portion to the custodial parent.
• INCOME TAX AND SUPPORT
• -Payments of child support can be deducted from
  the tax claims.
• - Meanwhile, the spouse can not and must be
  liable for the income taxes for his or her
  income.

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Child In Need of Protection

• Child abuse is any form of physical harm,
  emotional deprivation, neglect or sexual
  molestation, that may result in injury
  psychological harm to the child.
• Need to recognize best interest of child as the
  most important concern of the law and courts.
• Failure to report child abuse may result in a
  fine of up to 1000.
• Reporting child abuse
• -Required for every person who has information
  about the actual or suspected need for protection
  of a child.
• -Rewards are given to encourage people to report
  child abuse.

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Removal of Children

• Welfare, and social workers and peace officers
  can obtain warrants and remove children where
  there is a strong suspicion.
• Removing children immediately can and will be
  done, if necessary.
• Removed children then are taken to court within 7
  days.
• AFTER CHILDREN ARE REMOVED
• -Supervision Order- allows children to remain in
  the custody of their parents under the
  supervision of childrens Aid Society.
• -Temporary Ward ship Order- allows the legal
  custody of and guardianship of the children to be
  transferred to a child protection agency on a
  temporary basis.

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• -Crown Ward ship Order- or permanent custody
  order, the natural parents lose all rights of
  control over their children.
• -Damages from child abuse
• -A person can file a law suit or sue the person
  they were abused from.
• -You can file a case even after the child is an
  adult. (i.e., a man received 350,000 because he
  was molested growing up by his uncle, and
  received psychological problems)

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Adoption

• The creation of a legal relationship between a
  child and new parents who were not previously
  related by blood.
• Adoption provides a safe home environment for the
  child that the birth parent can not provide.
• ELIGIBITY
• -Must be 18 or 19 years of age
• -Unmarried
• Adopting Parents
• -must be at or over the age of majority
• -have a stable and secure relationship

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Placement

• Process of selecting adoptive parents, placing
  the child in their custody and monitoring the
  situation for a period of time is known as
  placement.
• -Most cases the birth parents give permission of
  adoption.
• -You are given 21 days to a month to withdrawal
  given consent of adoption.
• -A hearing is held to grant an adoption order.
• -Private adoptions can be arranged by an
  individual by an individual or agency licensed by
  the appropriate ministry.
• -ANY ACTION TAKEN IS FOR THE BEST INTEREST FOR
  THE CHILD.