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Video instructions and help with filling out and completing BCA 12.20

Instructions and Help about BCA 12.20

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FAQ - BCA 12.20

What is the purpose of BCA 12.20?
Does it address the issues of how a child can cope when the parent leaves custody or when the parent's income is threatened? The BCA 12.20 provisions seek to strengthen the family environment of a child by ensuring that an individual who is separated from his or her family may continue to maintain some kind of family relationship and that the parent who continues to act in a caring and loving manner may continue to be given compensation for his or her loss of custody. However, the Court cannot compel a parent to maintain any particular type of relationship. In order to do so the Court must be persuaded that this is not inconsistent with the best interests of the child and that the parent, to the extent possible, will live a meaningful life and enjoy the rights of citizenship in Canada. As noted above, the court will determine the type and extent of parental relationship that will be maintained as it considers the reasons for separation, whether the parent is capable of maintaining any type of relationship, and whether the loss of parental contact is appropriate in the circumstances of each case. What are the steps that support a finding that a parent has breached the obligations under the BCA? When a parent is found to have breached the BCA, the Court sets out criteria for determining whether the parent's conduct meets certain elements. The Court is required to consider the circumstances of the case, the nature of the parent's relationship with the child, whether there is a risk of harm to the child, and whether any change in the circumstance would be likely to lead to a change in the conduct. The Court will also consider the best interests of the child and the nature of the parental relationship. Is there any specific requirement that BCA 12.20 must be met before a parent can claim compensation under the BCA 12.? No, there is no requirement that in a case that meets BCA 12, a parent must have a compensation claim made if a parent continues to act in a caring and loving manner while his or her parental rights have been terminated. However, the court must determine whether the conduct of a parent meeting BCA 12 is consistent with the child's best interests. It is not always appropriate to rely on the best interests of the child as one of the elements used to determine whether a parent has breached the BCA.
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