Family Law – Custody _ Financial Responsibility for Children by rt3463df

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									Family Law as it affects
Custody & Financial
Responsibility for
Children

ECMC54
Prof. Gordon Cleveland
Family Law as it affects Custody & Financial
Responsibility for Children



Presented by:
           Kristina Valentini
           Kristina Vittas
           Lori Maassarany
Family Law as it affects Custody & Financial
Responsibility for Children


 What is Custody?
      the physical control of the parents or
       guardians over the child
      the right of the parents or guardians to
       determine the child’s:
         Education

         Healthcare

         Religion

         Overall   Well-being
Family Law as it affects Custody & Financial
Responsibility for Children


 Relevant Objectives of Family Law Act
  (Ontario) and Federal Divorce Act:
      to encourage and strengthen the role of
       the family
      to ensure a fair and orderly settlement
       when partnerships end
      to ensure the sharing by parents of
       responsibility for their children
Family Law as it affects Custody & Financial
Responsibility for Children


 Types of Custody:


           Sole Custody
           Joint Custody

           Shared Custody

           Split Custody
Family Law as it affects Custody & Financial
Responsibility for Children


 Who Gets Custody?
      Until decided in court both parents have
       equal rights to custody of their children
      Court’s decision based on child’s best
       interests
Family Law as it affects Custody & Financial
Responsibility for Children


 Federal Child Support Guidelines
      Objectives:
              to establish a fair standard of support for
               children
              to reduce conflict and tension between
               spouses by making the calculation of support
               more objective
Family Law as it affects Custody & Financial
Responsibility for Children


 How is Child Support Calculated?
      the number of children
      the province or territory where the child’s
       paying parent lives
      the paying parent's gross annual income
Family Law as it affects Custody & Financial
Responsibility for Children
Family Law as it affects Custody & Financial
Responsibility for Children


 How is Child Support Calculated (cont.)?
      For income higher than $150,000, a
       different calculation is used:
Family Law as it affects Custody & Financial
Responsibility for Children


 Who pays Child Support?


      Non-custodial parent
      A person who “stands in the place of a
       parent”
Family Law as it affects Custody & Financial
Responsibility for Children


 Affect on Family Decision-Making:
      Support Recipients (Spouse and Child)
         Monthly   lump-sum payment adds to
          “unearned” income
         Affects hours of work versus hours of
          “leisure” decision
         Affects spending decisions, i.e. private
          schooling versus public schooling
Family Law as it affects Custody & Financial
Responsibility for Children


 Affects on Family Decision-Making:
      Payer of Child Support
         Individual   has less income each month due to
          payments
         Affects hours of work versus hours of
          “leisure” decision making
         Non-custodial parent, therefore spending
          decisions are affected
Family Law as it affects Custody & Financial
Responsibility for Children


 Criticism of Policies
      Criteria to determine the “best interest of
       the child”, while considered universal,
       varies with each situation
      Sole custody is awarded to the mother or
       female parent in a large number of cases
Family Law as it affects Custody & Financial
Responsibility for Children


 Are the objectives being achieved?

								
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