British Columbia Family Law Blog

There are two different sets of clauses that can be used to define child raising obligations in BC family law cases involving joint and shared custody and guardianship.  The first of these clauses gives the primary parent a final say or veto power if there is a family law dispute involving British Columbia child custody and guardianship.  This set of clauses is called the “Joyce” model joint guardianship clauses and the terms are as follows:

Joyce Clauses:  FINAL SAY

 

     1)  the parents are to be joint guardians of the estate of the child;

 

     2)  in the event of the death of either parent, the remaining parent will be the sole guardian of the person of the child;

 

     3)  the custodial parent, who has the primary responsibility for the day to day care of the child, will have the obligation to advise the other parent of any matters of a significant nature affecting the child;

 

     4)  the custodial parent will have the obligation to discuss with the other parent any significant decisions which have to be made concerning the child, including significant decisions concerning the health (except emergency decisions), education, religious instruction and general welfare of the child;

 

     5)  the parent who does not have custody will have the obligation to discuss the foregoing issues with the custodial parent and each parent shall have the obligation to try to reach agreement on those major decisions;

 

     6)  in the event that the parents cannot reach agreement with respect to any major decision despite their best efforts the custodial parent shall have the right to make such decisions;

 

     7)  the non-custodial parent shall have the right, under s. 32 of the Family Relations Act, to seek a review of any decision which that parent considers contrary to the best interests of the child;

 

     8)  each parent will have the right to obtain information concerning the child directly from third parties, including teachers, counselors, medical professionals, and third party care givers.

The second set of clauses give both parties an equal say on child custody decisions in British Columbia and this set of BC child joint guardianship clauses are called the “Horn” clauses:

 

The parents are to be joint guardians of the estate of the Children;

     i)  In the event of the death of either parent, the remaining parent shall be the sole guardian of the person of the Children;

     ii)  The Plaintiff and Defendant shall have the obligation to advise the other parent of any matters of a significant nature affecting the Children;

     iii)  The Plaintiff and Defendant shall have the obligation to discuss with the other parent any significant decisions which have to be made concerning the Children, including significant decisions concerning the health (except emergency decisions), education, religious instruction and general welfare of the Children;

     iv)  In the event that the parents cannot reach agreement with respect to any major decision despite their best efforts they are each at liberty to apply to Court;

     v)  Each Party shall have the right to obtain information concerning the Children directly from third parties, including teachers, counselors, medical professionals, and third party care givers;

     vi)  The Plaintiff and the Defendant shall make joint decisions concerning the education for the Children including choice of schools, instructors and tutoring;

     vii)  The Plaintiff and the Defendant shall be obliged to notify the other if an emergency arises regarding the Children;

     viii)  The Plaintiff and the Defendant shall first attempt mediation to resolve any disputes between them concerning the Children before applying to Court for a resolution.

If you have any questions on these clauses, please contact Lorne MacLean at 604-602-9000.