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.

Well-written article in the Bozeman Daily Chronicle on strategies for divorced parents to work out a holiday visitation schedule that minimizes the stress on the children.  See the article here.

Thank you to the Sherman & Jeffries blog on Alabama family law for alerting me to the article.

There have been several significant court decisions for BC family law that have altered the perception as to whom should be considered a 'parent' under BC legislation. The traditional view of 'birth mother married to genetic father producing a then legitimate child' is becoming less the norm in our society. Beyond adoption, which has almost always had its own separate set of legal rules, we must include into the parental mix several new categories such as step-parents or similar loco parentis situations, same-sex couples, genetic parents and surrogate birth parents. This article will review two decisions of the British Columbia Supreme Court where the parent of a child was denied legal status by the BC Government.

Lorne MacLean, a BC family law lawyer and BC Divorce law lawyer feels strongly about educating the public about BC child custody under the BC child custody portions of the Family Relations Act and the BC child custody sections of the Divorce Act that also govern BC child custody.

Custody, guardianship and access rights/arrangements can come about by statute, agreement or Court order.

Shared custody is increasingly becoming a hot topic, especially in light of the contemplated changes to the Federal Child Support Guidelines being considered by the Federal Government. Currently, there are several methods by which the quantum of child support is determined for shared custody situations. These were recently and succinctly identified by Dinyar Marzban at a CBA family update session.