can be negotiated before you actually go to court. The court will review the negotiated settlement and either accept it or hold a hearing at which it will take evidence and then issue its order. The court also provides case managers, who will meet with you and your partner prior to the scheduling of a court hearing to see if there is agreement on any of the issues. If so, the court manager will write up your agreement so that you can submit it to the court and avoid a hearing on those issues.
In most instances, if you and your spouse or civil union partner are able to agree on all issues in your divorce or dissolution before or shortly after you file your action in the family court, and submit your agreement in writing to the court, you can secure your divorce or dissolution by mail, without ever having to appear in court.
Adoption
Adoption is a legal proceeding in which an adult, or couple, legally makes a minor or adult their own child.
With limited exceptions, a birth parent’s parental rights and responsibilities must be terminated by a court prior to adoption through voluntary consent when the adoption is private, relinquishment when there is an agency involved, or termination of parental rights if the consent is not voluntary. A birth parent has 21 days from the date he or she signed a consent or relinquishment to change his or her mind by letting the court know he or she has revoked his or her consent or relinquishment. Consent must be signed in the presence of a judge, unless a father has signed a notarized statement disclaiming any interest in the minor child. This statement may be signed during the pregnancy or afterwards.
The Adoption Act provides that the birth father of the adoptee should be identified and notified of the adoption proceedings. If a birth parent receives notice of an adoption or termination, he or she must respond within the time set by the court, or show up at the hearing, or else his or her rights would be terminated by default. A birth parent who is a minor has the right to be represented by an attorney provided by the court without expense to the birth parent. In addition, all birth parents have the right to adoption counseling paid for by the adoptive parents or agency, but they must request the counseling from the court.
Any person interested in adopting must be found suitable to be an adoptive parent after a criminal records check and a placement evaluation done either prior to placement, or, if placement has occurred, after the adoption petition if filed. If you are considering adoption, you may speak
32 On Your Own, 2008 Edition
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