The Concept of Guardianship: New and Improved?
With the coming into force of the Family Law Act (the “Act”) on March 18, 2013, the concepts of Custody and Guardianship have been significantly affected. Prior to the introduction of the Act, upon the dissolution of a marriage involving children, the Divorce Act (“DA”) and the Family Relations Act (“FRA”) governed issues surrounding parenting arrangements. The DA, dealt with Custody while the FRA dealt with both Custody and Guardianship. Thus, an overlapping concept of Custody existed under the DA and the FRA. This concept, while somewhat empty, was largely valued by clients for the perception of power and control it implied, while guardianship was valued for the rights it provided parents to be involved in the major decisions regarding the child.