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Lecture 3

LEGL 280 Lecture 3: Guardianship Mod 3

Legal Studies
Course Code
Jacqueline Devlin

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Mod. 3 Guardianship
Parentage (part 1, establishing parentage)
Determined by family law act
2 ways parentage for father is determined:
1. Fits within presumption of parentage under s8
2. Applies for declaration of parentage under s9
Presumed to be the father under s 8 if:
1. Was spouse of mother of child at time of birth of child?
2. Was spouse of mother of child and marriage ended by death,
decree of nullity or divorce less than 300 days before birth
3. Became spouse of mother after birth of child and acknowledged he
is father
4. Cohabitated with mother for 12 consecutive months during time
child was born and acknowledged he is father
5. Cohabitated with mother 12 consecutive months and cohabitation
ended less than 300 days before birth
6. Registered as father at joint request of himself and mother for birth
certificate purposes (Vital Statistics Act)
If more than one person fits within the presumptions then there is no
presumption made (s.8(2)
Must apply to Court of Queen's Bench for a declaration of parentage
Prov Court can find a person to be parent for purposes of child support
therefore no longer need declaration just for child support
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