Legal Question in Family Law in Canada
I have 2 children from a previous marriage and the biological father has had no contact with my children for at least 5 years now. (my children are 8 and 9) In our divorce it was decided that i would have full custody and he would have no contact as of that date. I have recently remarried
and my husband would like to adopt my children. I was wondering if my ex-spouse has to be contacted or if there is a certain time frame which a parent has no contact, that their rights are waved.
1 Answer from Attorneys
As noted on the LawGuru website all questions directed to thei British Columbia lawfirm must be answered with reference to BC law.
In British Columbia, you must get your ex-spouse's consent or a Judge's Order dispensing with the consent. The rights you speak of are generally those of the chidren, not of the parent. The children have the right to have a relationship with both parents, and you as the custodial parent have the duty to assiduously foster that relationship. Much will depend on what efforts you have made to ensure that the children maintained contact with their father.
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