What is the difference between custody and guardianship?
British Columbia, Canada
The following excerpt is from Haigh v. Spence, 2010 BCSC 270 (CanLII):
There is a distinction at law between custody and guardianship. Guardianship involves the capacity to make decisions regarding major issues impacting a child’s life, such as medical or educational decisions, whereas custody is only the right to have physical care and control of the child. In some cases, sole custody can be awarded to one parent, while joint guardianship can be awarded between the two parents, to allow the non-custodial parent a say in major decisions affecting the child’s life. As explained by Smith J.A. in Falvai v. Falvai, 2008 BCCA 503, 86 B.C.L.R. (4th) 47:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the guidelines a court must apply in a custody matter where the custodial parent is seeking to relocate to a different place of residence with the non-custodial parent? (British Columbia, Canada)
What is the test for a judge to determine if a child has been removed from the custody of the custodial parent and re-arrested to a different location? (British Columbia, Canada)
How have the courts interpreted the terms "custody" and "guardianship" in relation to custody? (British Columbia, Canada)
What is the test for a judge to determine whether a child has been released from custody under a different custody arrangement? (British Columbia, Canada)
What is the test for approval of a request by a mother to change custody to a different parent? (British Columbia, Canada)
What is the law governing a variation in custody where the intention of the custodial parent to relocate was the intention to relocate? (British Columbia, Canada)
Can a non-custodial parent in B.C. apply for joint custody after a period of time? (British Columbia, Canada)
How have the courts in BC dealt with issues of joint custody and guardianship? (British Columbia, Canada)
What is the legal presumption in favour of the custodial parent on an application to vary custody? (British Columbia, Canada)
What is the difference between a custodial parent wishing to move and the access parent seeking to move? (British Columbia, Canada)
