Legal Question in Family Law in Canada

parental rights

my husband has primary custody of his (our) 3 children, we married last year, His ex wife constantly tells me I have no rights at all with the kids because I am not a legal custodial parent. Do I have any rights???


Asked on 2/27/07, 2:29 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: parental rights

In British Columbia you are defined as a "parent" under section 1 of the Family Relations Act, so long as you have contributed to the support and maintenance of the children for at least one year.

Under section 22(1) you are entitled to notice of any proceeding involving the children because you are a "parent" to these children and also because you are an "adult person with whom the child(ren) usually reside". You are however not a "guardian".

The children live with you and you have responsibility for them and authority over them.

You, your husband and the childrens' mother could benefit from a parenting after separation course presented by various groups in B.C. Since you do not state what city you reside in, but are in B.C. (as the website says only to ask questions of us if you do reside in B.C.) call your local Divorce Resource Centre for information.

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Answered on 2/27/07, 6:21 pm


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