View Single Post
Old 01-21-2007, 10:01 PM
smadax smadax is offline
Join Date: Nov 2006
Posts: 63
smadax is on a distinguished road
Default FRA vs Children's Law

The child in question is only 4 years old. Therefore my sister would make sure he was escorted to and from SK. She did a visit in SK in September, but it was stressful. She would prefer to have access without the constant demands and negativity from the ex and his new common-law gf. She has been requesting alternativing xmas and the full 2 months of summer.

Originally Posted by logicalvelocity
It should be pointed out that it appears at law they still have coextensive custody and coextensive guardianship of the child currently.
I've seen contradictions, maybe you could clarify...

Children's Law Section 3(1) Unless otherwise ordered by the court and subject to subsection (2) and an agreement pursuant to subsection (3), the parents of a child are joint legal custodians of the child with equal rights, powers and duties.

Then Family Relations Act Section 34(1) Subject to subsection (2), the persons who may exercise custody over a child are as follows:
(a) if the father and mother live together, the father and mother jointly;
(b) if the father and mother live separate and apart, the parent with whom the child usually resides;
(c) if custody rights exist under a court order, the person who has those rights;
(d) if custody rights exist under a written agreement, the person to whom those rights are given.

(2) If persons have conflicting claims to custody under subsection (1), the following persons may exercise custody to the exclusion of the other persons unless a court otherwise orders:
(a) the person who has custody rights under a court order;
(b) if paragraph (a) does not apply, the person granted custody by an agreement;
(c) if paragraphs (a) and (b) do not apply, the person claiming custody with whom the child usually resides;
(d) if paragraph (c) applies and 2 persons are equally entitled under it, the person who usually has day to day personal care of the child

One law states they both have default joint custody and guardianship, since a Judge did not make an order to that effect in the interim order.

However the FRA states that the Father being the primary caregiver would have default custody?