Tag: child custody

Is your ex-spouse asking for child support for a kid that’s not yours? You’re not sure if you’re supposed to?

Whether you are just starting a relationship with someone who already has a child or are ending a relationship with someone who has a child, it is important to know what you should, could, and would be responsible for.

You might be held responsible for child support if you are qualified as common-law partners and are qualified to be labelled as spouses. To qualify as a spouse, you must be living together with your partner in a marriage-like relationship for at least 2 years, married to your partner, or have a child with your partner. Furthermore, if you begin taking on the financial liability of your partner’s child, you might have to continue this after the relationship has ended.

Although according to Section 147(4) of the Family Law Act, a step parent does not bear the duty to provide for a child  unless the step parent contributed to the support of the child for at least one year, and the court proceeding for child support is started after the within one year of the last contribution of the step-parent. Section 147(5) of the Family Law Act says that the support of a step-parent is secondary to the child’s parents and guardians. Support from a step-parent would be based on the experienced standard of living of the child as well as the length of time lived with the step-parent.

In short, you cannot be responsible for your partner’s child/ren unless you have been taking on the role of being their parent while in the relationship or contributing to the child’s financial support on a regular basis for an extended period of time. That means that you should be cautious to voluntarily take on a parent role if you are not serious about the relationship yet or do not want to be chased for child support for the child in the future! You can give gifts, treats, and provide meals for the child but do not assume the financial liability of the child if you do not want to continue this financial responsibility after the relationship.

If you or a loved one are in need of advice regarding child support for a step-child, consult Vancouver and Burnaby Family Law lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia at andrew@resolutionslawcorp.com or 778-372-7107.

Why We Are Ditching the Term “Custody”– Parental Responsibilities in BC

No more “custody”?
2019 brings a change to family laws in Canada, specifically regarding parental responsibilities in the Divorce Act. The goal of this change is to improve the act so that it promotes the best interests of the child. 

One of these changes includes removing the term “custody” while introducing the concepts of “parenting time” and “decision-making responsibility”.

What does this mean? Essentially, the intention is to encourage parents to focus more on the needs of their children. By removing this term, we eliminate a winner-loser mentality (where the “winner” gets custody of the child). We also remove the negative association that “custody” commonly has with the idea of police detention.

What exactly is “parenting time”?
In the place of “custody”, we now have “parenting time”. Parenting time is defined as the time that a child spends with each guardian (determined by an agreement or order).

During this time, the guardian needs to exercise parental responsibility. See below to find out what parental responsibilities includes under the law.

What are your legal responsibilities as a parent?
Some examples of parental responsibilities under the BC Family Law Act:

  1. Making daily decisions for your child (making sure they are supervised and cared for)
  2. Making major decisions for your child (i.e., health care, school, extracurricular activities, religion, language)
  3. Deciding where your child will live (and with whom)
  4. Applying for passports, licences, etc. for your child
  5. Exercising any other responsibilities necessary to nurture your child’s development Making daily decisions for your child (making sure they are supervised and cared for)

When you separate with your spouse, you can share or divide your parental responsibilities in any way that would work best for your child.

If you or your spouse fails to exercise your parental responsibilities, the other person could potentially apply to court to get an agreement enforced or an original order changed.

If you cannot settle on an agreement regarding parenting time or have concerns about parental responsibilities, consult Vancouver & Burnaby Family Law and Custody, Access, Parenting Time lawyer/attorney Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia andrew@resolutionslawcorp.com or 778-372-7107