CHILDREN: Support, Custody, Access, and Protection Stacey

Definitions ■In Loco Parentis – in the place of a parent ■Paternity Agreement – contract created by a man and woman who are not married that details support obligations for a child, for costs of prenatal care and delivery, or for the funeral expenses of either the mother or the child ■Custodial Parent – after a marriage break-down, the parent who has the legal rights and responsibilities of a parent to the children and with whom the children live ■Joint Custody – an arrangement where divorced parents continue to share custody of their children

Custody and the Factors in Determining Custody ■Custody involves the legal guardianship of a child ■While the parents of the child live together, they have equal custody ■When a marriage or relationship breaks, new custody arrangements have to be made ■If the parents cannot agree on who gets custody, they can involve the courts to make a recommendation as to which parent is the most appropriate for custody of the child. ■Children over the age of 12 usually decide for themselves which parent they will live with Factors when Determining Custody: ■what arrangement is in the best interests of the children ■behaviour of each of the parents ■influence of other people in the children’s lives

Child Support ■Child support is a payment that a noncustodial parent makes to contribute to the costs of raising their child. ■The mother and father of a child have equal responsibility for the child’s financial support ■The courts usually look at the financial needs of the children and the incomes of the parents to determine how much the parent must pay for child support ■The objective of child support is for the children to maintain the same standard of living as before the marriage broke down

Access ■Access is the right of a child to have visits with his or her noncustodial divorced parent at reasonable intervals ■During visits, the access parent can consent to emergency medical treatment, but otherwise cannot influence the child’s lifestyle, education, or religion ■Access is awarded unless there is a clear reason not to, where the non-custodial parent: –Shows a lack of interest –Abuses the child –Causes emotional disturbance to the child –Has a lifestyle that would negatively influence the child

Example in Law Moores v. Feldstein (1973) Shortly after her birth, Moores gave her daughter to the Feldsteins to care for. A few months later, Moores requested that her daughter be returned to her. When the daughter was two years old, Moores began her application for custody. The daughter was four years old when the application was heard. Moores was awarded custody at trial, and the Feldsteins appealed. The Ontario Court of Appeal gave custody to the Feldsteins. The court found that the Feldsteins were good parents and had provided excellent care to the girl. Taking her now and placing her in the care of a complete stranger, even if it was her biological mother, would harm the child more than help her.

Questions ■Should a child be able to choose which parent they want to live with before the age of 12? ■Should the biological parents be able to gain back custody of their child after giving them up for adoption?

Citations ■Buckingham, D. E., Delaney, R. C., Buckingham, J. L., Manning, B., Thompson, L., & Marcotte, C. (1997). Learning about law. Toronto: McGraw-Hill Ryerson. ■Child custody in Canada. (n.d.). Retrieved January 13, 2016, from canada.ca/child-custody-in-canadahttp://divorce- canada.ca/child-custody-in-canada ■Legal dictionary. (n.d.). Retrieved January 13, 2016, from dictionary.thefreedictionary.com/ dictionary.thefreedictionary.com/ ■Home | Adoption council of Canada. (n.d.). Retrieved January 13, 2016, from