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BC Family Law Case Law Updates. Chapter 4: Guardianship (Oct 2019)

[10:51] Lawyer Agnes Huang (Saltwater Law) discusses case law on guardianship issues. For community workers and advocates. Part 4 of 8. Topics include:

  • FLA 39(3)c: a parent can become a guardian when they regularly care for a child
  • Establish a parent regularly cares for the child for them to presumed to be guardian
  • Informal parenting arrangements and implications for guardianship
  • Cannot make unilateral changes to informal parenting arrangements once they are part of child's routine
  • Informal parenting arrangements and relocating
  • Testamentary guardians, naming guardians in your will

For more information on Family Law in British Columbia:

Please note: Legal Aid BC resources are for professional development. They don't provide legal or other professional advice. Law is constantly evolving; changes in practice and procedure occur frequently. Exercise your professional judgment about the correctness and applicability of the material. Please refer to the relevant legislation, case law, administrative guidelines, and other primary sources. The views and conclusions expressed here are not necessarily those of Legal Aid BC.

Legal Aid BC helps all British Columbians with serious family, child protection, immigration, and criminal law issues. We give free legal information to everyone, and advice and lawyer services to eligible British Columbians.

Credits: Presentation by Agnes Huang, Saltwater Law. Filmed and edited by Paul Donovan, Focus Audio Visual Services Ltd. Production and publication coordinated by Kate Murray, Bridget Greenwood, Baljinder Gill, Ella Droko, and Brian Goncalves, Legal Aid BC. Thumbnail design by Caitlin Kuo and Brian Goncalves, Legal Aid BC.


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