Child Guardianship

A child's guardian is responsible for his or her upbringing and well-being. Normally, a child's guardians are his or her parents, even after separation. Guardianship involves time with the child and day-to-day care and supervision.

Guardianship is an important issue for parents and those who have an active role in a child's life. When you are facing relationship breakdown or have a child guardianship issue, legal advice is fundamental. The lawyers at Peterson Stark Scott in Surrey can give you the information and guidance you need to advance your rights and the child's welfare.

Understanding Guardianship

British Columbia's Family Law Act designates parents who have lived with their children as the children's guardians. A parent who has never lived with a child but regularly cares for him or her may also be a guardian. Additionally, guardianship may arise by virtue of an assisted reproduction agreement.

Guardianship may also arise as the result of a court order or by appointment upon the death or incapacity of a guardian.

When you are a child's guardian, you have parental responsibilities. These may be split between guardians in a way that works best for the children upon separation or divorce. Parental responsibilities include:

  • Day-to-day care and supervision
  • Decisions about where your children live and with whom they associate
  • Decisions about health, medical care, education, religion, extracurricular activities and others

During one guardian's parenting time, he or she is responsible for the child's care and supervision.

Applying for Guardianship

Anyone can apply to be a child's guardian. A special form is required for the court. Applicants must include information about the children in their care and undergo a criminal record check.

Get the Answers You Need

The elements of guardianship, parental responsibilities and parenting time can be included in a flexible arrangement that is in the best interests of the child. Our lawyers can help you understand guardianship and its role in your family.

To get more information, contact the firm. Call 604-588-9321 or 1-800-555-3288 or reach us online.