British Columbia Family Law Act Flashcards
Under the BC family law act, section 20, what is the definition of the following terms:
1) assisted reproduction
2) donor
3) intended parent
1) Methods of conceiving a child other than through sexual intercourse
2) a person providing reproductive material or an embryo for assisted reproduction
3) a person, or a couple in a relationship who plans to be the parents through assisted reproduction
Under the BC family law act how is parentage (section 23) determined?
Parentage is determined by this part of the law for all purposes in BC. The law defines who the child’s parents are in relationships are based on this determination.
Under the BC family act a donor (section 24) is not automatically considered a child’s parent except in what circumstance?
Determined under the law and their status does not change automatically
Under the BC family law act parentage is determined differently, based on what circumstances?
Parentage determined differently, based on whether assisted reproduction, surrogacy or other arrangements were involved. Various scenarios describe who is considered the child’s parent in different situations, such as assisted reproduction after death.
Which does the BC family law act state in terms of orders declaring parentage and dispute resolution?
In case of disputes or uncertainty about parentage, a court order can be obtained. Parentage test may be ordered to identify inheritable characteristics, and the court may consider result in making a determination.
Under the BC family act what does it state in terms of recognition of declaratory orders?
Declaratory orders from other jurisdictions may be recognized, but there are conditions such as evidence availability, or potential fraud or duress.
Under the BC family law act when making decisions about guardianship, parenting arrangements or contact with child everyone involved, including the court most focus on what?
What factors need to be considered when making these decisions?
What is one crucial factor that quickly helps make these decisions?
Must focus on what is best for the child
Factors considered for the child’s best interest include the child health, emotional well-being views, relationships with important people, history of care, stability needs and more
Family violence, is a crucial factor. Any arrangements or orders must prioritize the child, safety and well-being.
Under the BC family law act what aspects should the court evaluate and consider when assessing family violence?
The court should evaluate the nature, seriousness and frequency of family violence, including its its impact on the child’s safety and well-being
Consideration should be given to whether the violence was directed at the child, if the child was exposed to it, and any steps taken to prevent further violence
Any other relevant information pertaining to family violence should be taken into account
Under the BC family law act what is each parent generally considered, while parents are living together over after separation?
Each parent is considered a guardian
Under the BC family law act parental responsibilities and parenting time are associated with what and how can arrangements be made differently?
Responsibilities and parenting time are associated with guardianship, but arrangements may be made differently through agreements or court orders
Under the BC family law act in terms of parenting arrangements. No specific arrangement is presumed to be what and decision should be made based on what?
No specific arrangement is presumed to be in the child’s best interest and decision should be based on the unique circumstances
Under the BC family law act what are considered parental responsibilities, and what are these responsibilities meant to support?
Parental responsibilities include day-to-day decisions, care and supervision of the child decisions about residence, association, education, cultural, upbringing, health related choices, legal matters, and more
These responsibilities are meant to support the child overall development and will being
Under the BC family act, under what circumstances can a court appoint or terminate a persons guardianship?
If the child is 12 or older, they’re written approval may be required for a non-parental guardian
Under the BC family law act in terms of compliance and denial, parenting time or contact. What does the term remedies refer to?
The court may order various remedies, including family dispute, resolution, counseling, compensatory, parenting, time, or even financial compensation for expenses incurred due to denial
Under the BC family act, what four factors are considered in making protection orders?
1) risk factors, such as history, family violence, psychological abuse, and current relationship status
2) foam ability, substance abuse, mental health problems, access to weapons and victims perception of risks
3) child as a family member if a child is involved, additional considerations include potential exposure to family violence, and they need for an order for the child
4) application, protection, orders can be applied for without notice to the family member against whom the order is sought
