Can I Remove My Ex as a Guardian of our Child?
When it comes to contentious parenting issues, this is one of the most frequently asked questions family lawyers will receive. However, this question is often rooted in misunderstandings about what guardianship is, who is a guardian, and the likelihood of guardianship being terminated. In order to determine the possibility of removing your ex spouse as a guardian of your child, consider the below.
Who is a Guardian?
Guardianship is defined in s. 39 of the British Columbia Family Law Act (“FLA”). This section states that parents are generally guardians of children after they separate if they lived together with the child. However, if a parent has never resided with the child, pursuant to section 39(3) of the FLA, they are not a guardian unless one of the following applies:
- the child is the result of assisted reproduction as defined in s. 30 of the FLA;
- there is an