LAW 201 Lecture Notes - Lecture 9: Init, Joint Custody, Child Custody
Document Summary
Historical concept of parenthood based exclusively on marriage or biology: paternity historically dif cult to prove. Now: dna tests: presumption that husband is father of his wife"s children. Social parenthood now recognized in canada: standing in the place of a parent , have the rights and obligations of parent. I. e. lesbian partner of a biological mother. When there is a separation, range of issues must be resolved. through the federal divorce act and ontario children"s law reform act. Federal divorce act and ontario children"s law reform act (c. l. r. a) Custody: right to make decisions about child: i. e. residence. Access: right to visit child and have information (i. e. from schools and doctors ) Joint custody: increasing: joint legal custody - shared decision making. Children will continue to primarily reside with one parent: joint physical custody - with equal time with each parent, in canada joint physical custody arise when each parent has child 40% of the time.
