The Family Law Act doesn’t talk about custody or access, only about being a “guardian” and “parenting orders” for guardians. What is a guardian?
As with the previous law, in most situations, the mother and father are the guardians of their children, and are responsible for supporting their well being and development. In some limited situations, a parent may not be an automatic guardian. The Family Law Act lists specific responsibilities and powers of a guardian. Unless limited by a parenting order, each guardian is entitled: • To be informed of, consulted with, and to make all significant decisions affecting the child • To share the powers and responsibilities of guardianship with the other guardian(s) of the child • To have sufficient time with the child to carry out the guardian’s powers and responsibilities. A guardian’s right to be informed about a child is balanced by an obligation by the other guardian(s) to provide information. The Act also includes a duty for guardians to cooperate with each other in matters that affect the child. If guardians cannot agree, they can apply to court for a parenting order.
