larly care for the child, are both presumed to be guardians and have the same parenting responsibilities. Parents can reallocate those responsibilities by agreement. Agreements are encouraged, but even informal arrangements can be recognized if they become part of the child’s normal routine. 3. Guardians no longer automatically have authority over children’s property. Again, look to the allocation of parenting responsibilities. Moreover, if the property is over a prescribed amount or of a prescribed type, the Supreme Court has to appoint a property trustee. 4. If you take on the role of guardian and you are not a parent, you may have an obligation for child support, but it is secondary to that of the parents. If you are not a parent and your only parenting responsibilities are in relation to the child’s financial or legal interests (property trustee, litigation guardian, and maybe a standby guardian), you have no obligation for child support. 5. A child’s guardian can appoint someone to succeed him or her in that position on death. In addition, if a guardian is facing a terminal illness or the prospect of permanent mental disability, he or she may appoint a standby guardian to assist him or her and to succeed to that position once the original guardian becomes totally incapable. A parent who is not a guardian does not automatically become one upon the death of any or all other guardians. 6. Children no longer have an obligation to support their parents. (The section in the current
Act, repealed last November, was rarely invoked anyway – and when it was, usually resulted in a mess.) 7. Support obligations may now be secured by insurance or made binding on the estate of the payor. This is not new, though it is now spelled out in the Act. More significantly, support recipients can now apply to extend support after the death of the payor, both before or after the event. Under current law, if the payor died, the recipient was out of luck, unless an order or agreement already provided for the continuation of support. 8. In the event the payor dies, both the support recipient and the payor’s estate can apply to vary the support order. This may be possible now, but the Act makes it certain. Both parties can seek directions from the court. 9. With certain exceptions, the FLA requires notice before a guardian can move with the children. If there is no objection within 30 days, they can move. 10. The new Act has some of the most progressive provisions regarding parentage and child status in Canada. It is similar to the new Uniform Child Status Act, and provides rules for determining child parentage in cases of surrogacy and other forms of assisted human reproduction. For enrolled CBA members, more detailed information and available minutes from the Section meetings are online at www.cba.org/bc in CBABC Forums and Sections under Professional Development.
Section News
Introducing CBABC’s Newest Sections Solicitors’ General Practice-Central Vancouver Island The mandate of the Solicitors’ General Practice-Central Vancouver Island Section is to provide a forum for discussion to identify, monitor and analyze issues of significance to solicitors’ practice in the Central Vancouver Island Region and to promote opportunities for networking, mentorship and practice support. The Section held their inaugural meeting November 6 with Anna Jones, CA presenting on the topic of “GST/PST Transition.” Young Lawyers-Kamloops A new chapter of the Young Lawyers Section has formed in Kamloops. The Section aims to strengthen and support the network of lawyers in the Interior, and to help educate young lawyers and law students on the unique issues regarding practising outside of the Lower Mainland in other areas of B.C. Their inaugural events included a Speed Mentoring event at TRU and a two-day job shadowing of The Honourable Judge Stella Frame.
Not Yet Enrolled in Sections? Visit the Branch website and use our online enrolment form! CBABC members receive one free Section for the 2012/2013 term. www.cba.org/bc \\
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DECEMBER 2012 / BarTalk 11