Divorce Act - Revision history

Nate Russell: From staging May 2022

2022-05-18T22:56:49Z

From staging May 2022

← Older revision		Revision as of 22:56, 18 May 2022
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	The ''Divorce Act'' ~~changed~~ on ~~March~~ 1, ~~2021~~. ~~This wikibook is being updated to reflect these and other important changes to family~~ law in ~~British Columbia~~. ~~In the meantime, we've prepared a summary~~ of ~~the more~~ important changes~~. Read our page~~ on [[the ~~New~~ Divorce Act~~]].~~		===The ''Divorce Act''===
			The ''[[Divorce Act]]'' is a federal law that you can find, along with other federal laws, on the website of the federal [http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html Department of Justice] or on [http://canlii.ca/t/7vbw CanLII], a free website for searching Canadian court decisions and legislation. The ''Divorce Act'' became law in 1985. A number of very important changes to the act became law on 1 March 2021 and changed how we talk about parenting children and the best interests of children. The current ''Divorce Act'' covers these main subjects:

	~~The ''[http://canlii.ca/t/7vbw Divorce Act]''~~, ~~RSC 1985~~, ~~c 3 (2nd Supp) is a federal law that you can find, along~~ with ~~other federal laws~~, ~~at the website of the [http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html federal Department of Justice]~~, or ~~on [http://canlii.ca/t/7vbw CanLII]~~, ~~a free website for searching Canadian court decisions~~ and legislation. Because of a constitutional rule called the "doctrine of paramountcy," the ''Divorce Act'' is considered to be "superior" to the provincial ''[[Family Law Act]]''. As a result, if you are entitled to ask for an order under the ''Divorce Act'' about child support or spousal support~~, you probably should~~.		*getting divorced,
			*decision-making responsibility,
			*parenting time and contact with children,
			*moving away, with or without children
			*child support, and
			*spousal support.

	The ''Divorce Act'' only applies to ''married spouses'', people who are or were married to each other by a marriage commissioner or a religious official licensed to perform marriages. If you ~~are~~ not legally married, the ''~~Family Law~~ Act'' ~~is the only game in town. Although the court may allow someone who isn~~'t ~~a spouse to~~ apply ~~under the ''Divorce Act'' for an order relating~~ to ~~custody of or access to a child, that person must get the court's permission first~~, and the ~~spouses must have already started a court proceeding between each other.~~		The ''Divorce Act'' only applies to ''married spouses'', people who are, or were, married to each other by a marriage commissioner or a religious official licensed to perform marriages. (If you're not legally married, the ''Divorce Act'' doesn't apply to you, and the ''Family Law Act'' is the only game in town.) The ''Divorce Act'' refers to children as ''children of the marriage''. A "child of the marriage" is defined in section 2(1) as:

	~~You must also be~~ ''~~ordinarily resident'' in your province for at least one year before you can ask for an order under the ''Divorce~~ Act''~~. This means that you might have to delay filing for a divorce if you've moved to a new province within~~ the ~~last year~~.

	The ''Divorce Act'' refers to children as ''children of the marriage''. A child of the marriage is defined in section 2(1) as:

	<blockquote><tt>A child of two spouses or former spouses who, at the material time,</tt></blockquote>		<blockquote><tt>A child of two spouses or former spouses who, at the material time,</tt></blockquote>
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	<blockquote><blockquote><tt>(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other <span class="noglossary">cause</span>, to withdraw from their charge or to obtain the necessaries of life.</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other <span class="noglossary">cause</span>, to withdraw from their charge or to obtain the necessaries of life.</tt></blockquote></blockquote>

	In other words, a child of the marriage is someone who is less than 19 years old, the age of majority in British Columbia, or who is 19 ~~and~~ older if the child cannot support themselves. ~~Since only people qualifying as ''spouses'' are obliged to pay child support, the~~ definition of child of the marriage is expanded in section 2(2) to include stepparents:		In other words, a "child of the marriage" is someone who is less than 19 years old — the age of majority in British Columbia — or who is 19 or older if the child cannot support themselves for some reason, like going to college or university. The definition of "child of the marriage" is expanded in section 2(2) of the ''Divorce Act'' to include stepparents.

			Not only do you have to be married to ask for an order under the ''Divorce Act'', you also have to be ''habitually resident'' in your province for at least one year before you can ask the court of your province for the order. If you've lived in your province for less than 12 months, and your spouse has been habitually resident in their province for at least a year, you can ask the court there for an order under the ''Divorce Act.''

	~~<blockquote><tt>For the purposes of the definition “child of the marriage” in subsection (1), a child of two spouses or former~~ spouses ~~includes</tt></blockquote>~~		Married spouses can ask the court for:
	~~<blockquote><blockquote><tt>(a) any child for whom they both stand in the place of parents; and</tt></blockquote></blockquote>~~
	~~<blockquote><blockquote><tt>(b) any child of whom one is~~ the ~~parent and~~ for ~~whom the other stands in the place of a parent</tt></blockquote></blockquote>~~

	~~The ''Divorce Act'' covers these basic subjects:~~		*an order for their divorce,
			*an order about decision-making responsibilities for any children of the marriage,
			*an order about parenting time,
			*an order that they pay or receive child support, and
			*an order that they pay or receive spousal support.

	*divorce,		If there is a court proceeding between married spouses, someone who is not a spouse — like a grandparent, an aunt or uncle, or another person with a special connection to a child of the marriage — can ask for an order that they have contact with the child. However, people who are not spouses must get permission from the court before they can ask for a contact order.
	*custody of ~~and access to children,~~
	*child ~~support~~, ~~and~~
	*spousal support.

	''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Divorce Act'', including a chapter on [[Divorce Act Basics\|''Divorce Act'' Basics]].		''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Divorce Act'', including a chapter on [[Divorce Act Basics\|''Divorce Act'' Basics]].

	~~<span style="color:#D2691E">'''Important changes'''</span> <br />~~
	Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''.

	The changes also include a long list of factors to take into consideration when making decisions about children. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence.

	Another important change is a new test to help judges decide what should happen when a spouse wants to move away from the other spouse after separation. Although the ''Divorce Act'' test is similar to the ''Family Law Act'' test, they are not exactly the same. It is a good idea to speak to a lawyer whenever someone wants to move away after separation.

Jpboyd at 19:38, 6 March 2021

2021-03-06T19:38:50Z

← Older revision		Revision as of 19:38, 6 March 2021
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	*spousal support.		*spousal support.

	~~The~~ ''Divorce Act'' ~~is going to change in 2020~~, as a ~~result of~~ [~~https://www.parl.ca/DocumentViewer/en/42-1/bill/C-78/third-reading Bill C-78~~]. Among other things, how we talk about the care of children will change. We will be talking about "parenting orders" and "parenting plans" that cover "decision-making responsibilities," "parenting time," and "contact" with a child. Other changes will:		''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Divorce Act'', including a chapter on [[Divorce Act Basics\|''Divorce Act'' Basics]].

	*expand the ~~things courts and parents have~~ to ~~think about when deciding what is in~~ the ~~best interests of children~~,		<span style="color:#D2691E">'''Important changes'''</span> <br />
	*require parents to protect the children from their conflict,		Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''.
	*require parents to ~~try~~ to ~~resolve family law disputes out of court before going to court~~, ~~and~~
	*implement new rules for ~~when one parent wants to move with a child away from~~ the ~~other parents~~.

	''~~[[JP Boyd on Family Law]]~~'' ~~provides extensive coverage of~~ the ''Divorce Act'', including ~~a chapter on [[Divorce Act Basics\|''Divorce Act'' Basics]]~~.		The changes also include a long list of factors to take into consideration when making decisions about children. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence.

	~~<span style="color:#D2691E">'''Important changes'''</span> <br />~~		Another important change is a new test to help judges decide what should happen when a spouse wants to move away from the other spouse after separation. Although the ''Divorce Act'' test is similar to the ''Family Law Act'' test, they are not exactly the same. It is a good idea to speak to a lawyer whenever someone wants to move away after separation.
	~~Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access"~~ is ~~now known as ''parenting time'', for people who are or used~~ to ~~be married~~ to ~~each other, or as ''contact'' for~~ other ~~people~~. ~~Decision-making responsibility under~~ the ''Divorce Act'' ~~means the same thing as parental responsibilities under~~ the ''Family Law Act''.

Jpboyd at 19:16, 6 March 2021

2021-03-06T19:16:55Z

← Older revision		Revision as of 19:16, 6 March 2021
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	*require parents to try to resolve family law disputes out of court before going to court, and		*require parents to try to resolve family law disputes out of court before going to court, and
	*implement new rules for when one parent wants to move with a child away from the other parents.		*implement new rules for when one parent wants to move with a child away from the other parents.

			''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Divorce Act'', including a chapter on [[Divorce Act Basics\|''Divorce Act'' Basics]].

	<span style="color:#D2691E">'''Important changes'''</span> <br />		<span style="color:#D2691E">'''Important changes'''</span> <br />
	Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''.		Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''.

	~~''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Divorce Act'', including a chapter on [[Divorce Act Basics\|''Divorce Act'' Basics]].~~

Jpboyd at 19:13, 6 March 2021

2021-03-06T19:13:02Z

← Older revision		Revision as of 19:13, 6 March 2021
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	The ''Divorce Act'' changed on March 1, 2021. This wikibook is being updated to reflect these and other important changes to family law in British Columbia. In the meantime, we've prepared a summary of the more important changes. Read our page on [[the New Divorce Act]].		The ''Divorce Act'' changed on March 1, 2021. This wikibook is being updated to reflect these and other important changes to family law in British Columbia. In the meantime, we've prepared a summary of the more important changes. Read our page on [[the New Divorce Act]].

	~~==Divorce Act, RSC 1985, c 3 (2nd Supp)==~~
	The ''[http://canlii.ca/t/7vbw Divorce Act]'', RSC 1985, c 3 (2nd Supp) is a federal law that you can find, along with other federal laws, at the website of the [http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html federal Department of Justice], or on [http://canlii.ca/t/7vbw CanLII], a free website for searching Canadian court decisions and legislation. Because of a constitutional rule called the "doctrine of paramountcy," the ''Divorce Act'' is considered to be "superior" to the provincial ''[[Family Law Act]]''. As a result, if you are entitled to ask for an order under the ''Divorce Act'' about child support or spousal support, you probably should.		The ''[http://canlii.ca/t/7vbw Divorce Act]'', RSC 1985, c 3 (2nd Supp) is a federal law that you can find, along with other federal laws, at the website of the [http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html federal Department of Justice], or on [http://canlii.ca/t/7vbw CanLII], a free website for searching Canadian court decisions and legislation. Because of a constitutional rule called the "doctrine of paramountcy," the ''Divorce Act'' is considered to be "superior" to the provincial ''[[Family Law Act]]''. As a result, if you are entitled to ask for an order under the ''Divorce Act'' about child support or spousal support, you probably should.

Jpboyd at 19:12, 6 March 2021

2021-03-06T19:12:15Z

← Older revision		Revision as of 19:12, 6 March 2021
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	~~'''~~The ''Divorce Act'' ~~will be changing~~ on March 1, 2021, and ~~so will this wikibook~~. In the meantime, we've prepared a summary of the more important changes. Read our page on [[the New Divorce Act]].~~'''~~		The ''Divorce Act'' changed on March 1, 2021. This wikibook is being updated to reflect these and other important changes to family law in British Columbia. In the meantime, we've prepared a summary of the more important changes. Read our page on [[the New Divorce Act]].

	==Divorce Act, RSC 1985, c 3 (2nd Supp)==		==Divorce Act, RSC 1985, c 3 (2nd Supp)==
	The ''[http://canlii.ca/t/7vbw Divorce Act]'', RSC 1985, c 3 (2nd Supp) is a federal law that you can find, along with other federal laws, at the website of the [http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html federal Department of Justice], or on [http://canlii.ca/t/7vbw CanLII], a free website for searching Canadian court decisions and legislation. Because of a constitutional rule called the "doctrine of paramountcy," the ''Divorce Act'' is considered to be "superior" to the provincial ''[[Family Law Act]]''. As a result, if you are entitled to ask for an order under the ''Divorce Act'' about child support or spousal support, you probably should.		The ''[http://canlii.ca/t/7vbw Divorce Act]'', RSC 1985, c 3 (2nd Supp) is a federal law that you can find, along with other federal laws, at the website of the [http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html federal Department of Justice], or on [http://canlii.ca/t/7vbw CanLII], a free website for searching Canadian court decisions and legislation. Because of a constitutional rule called the "doctrine of paramountcy," the ''Divorce Act'' is considered to be "superior" to the provincial ''[[Family Law Act]]''. As a result, if you are entitled to ask for an order under the ''Divorce Act'' about child support or spousal support, you probably should.

	The ''Divorce Act'' only applies to ''married spouses'', people who are or were married to each other by a marriage commissioner or a religious official licensed to perform marriages. If you are not legally married, the ''Family Law Act'' is the only game in town. Although the court may allow someone who isn't a spouse to apply under the ''Divorce Act'' for an order relating to custody of or access to a child, that person must get the court's permission first, and the spouses must have already started a court proceeding between each other.		The ''Divorce Act'' only applies to ''married spouses'', people who are or were married to each other by a marriage commissioner or a religious official licensed to perform marriages. If you are not legally married, the ''Family Law Act'' is the only game in town. Although the court may allow someone who isn't a spouse to apply under the ''Divorce Act'' for an order relating to custody of or access to a child, that person must get the court's permission first, and the spouses must have already started a court proceeding between each other.

	You must also be ''ordinarily resident'' in your province for at least one year before you can ask for an order under the ''Divorce Act''. This means that you might have to delay filing for a divorce if you've moved to a new province within the last year.		You must also be ''ordinarily resident'' in your province for at least one year before you can ask for an order under the ''Divorce Act''. This means that you might have to delay filing for a divorce if you've moved to a new province within the last year.
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	*require parents to try to resolve family law disputes out of court before going to court, and		*require parents to try to resolve family law disputes out of court before going to court, and
	*implement new rules for when one parent wants to move with a child away from the other parents.		*implement new rules for when one parent wants to move with a child away from the other parents.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''.

	''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Divorce Act'', including a chapter on [[Divorce Act Basics\|''Divorce Act'' Basics]].		''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Divorce Act'', including a chapter on [[Divorce Act Basics\|''Divorce Act'' Basics]].

Nate Russell at 19:45, 12 February 2021

2021-02-12T19:45:18Z

← Older revision		Revision as of 19:45, 12 February 2021
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	'''The ''Divorce Act'' will be changing on ~~July~~ 1, ~~2020~~, and so will this wikibook. In the meantime, we've prepared a summary of the more important changes. Read our page on [[the New Divorce Act]].'''		'''The ''Divorce Act'' will be changing on March 1, 2021, and so will this wikibook. In the meantime, we've prepared a summary of the more important changes. Read our page on [[the New Divorce Act]].'''
	==Divorce Act, RSC 1985, c 3 (2nd Supp)==		==Divorce Act, RSC 1985, c 3 (2nd Supp)==
	The ''[http://canlii.ca/t/7vbw Divorce Act]'', RSC 1985, c 3 (2nd Supp) is a federal law that you can find, along with other federal laws, at the website of the [http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html federal Department of Justice], or on [http://canlii.ca/t/7vbw CanLII], a free website for searching Canadian court decisions and legislation. Because of a constitutional rule called the "doctrine of paramountcy," the ''Divorce Act'' is considered to be "superior" to the provincial ''[[Family Law Act]]''. As a result, if you are entitled to ask for an order under the ''Divorce Act'' about child support or spousal support, you probably should.		The ''[http://canlii.ca/t/7vbw Divorce Act]'', RSC 1985, c 3 (2nd Supp) is a federal law that you can find, along with other federal laws, at the website of the [http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html federal Department of Justice], or on [http://canlii.ca/t/7vbw CanLII], a free website for searching Canadian court decisions and legislation. Because of a constitutional rule called the "doctrine of paramountcy," the ''Divorce Act'' is considered to be "superior" to the provincial ''[[Family Law Act]]''. As a result, if you are entitled to ask for an order under the ''Divorce Act'' about child support or spousal support, you probably should.

Nate Russell: added note on amendments for 2020

2019-11-20T21:25:24Z

added note on amendments for 2020

← Older revision		Revision as of 21:25, 20 November 2019
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			'''The ''Divorce Act'' will be changing on July 1, 2020, and so will this wikibook. In the meantime, we've prepared a summary of the more important changes. Read our page on [[the New Divorce Act]].'''
			==Divorce Act, RSC 1985, c 3 (2nd Supp)==
	The ''[http://canlii.ca/t/7vbw Divorce Act]'', RSC 1985, c 3 (2nd Supp) is a federal law that you can find, along with other federal laws, at the website of the [http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html federal Department of Justice], or on [http://canlii.ca/t/7vbw CanLII], a free website for searching Canadian court decisions and legislation. Because of a constitutional rule called the "doctrine of paramountcy," the ''Divorce Act'' is considered to be "superior" to the provincial ''[[Family Law Act]]''. As a result, if you are entitled to ask for an order under the ''Divorce Act'' about child support or spousal support, you probably should.		The ''[http://canlii.ca/t/7vbw Divorce Act]'', RSC 1985, c 3 (2nd Supp) is a federal law that you can find, along with other federal laws, at the website of the [http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html federal Department of Justice], or on [http://canlii.ca/t/7vbw CanLII], a free website for searching Canadian court decisions and legislation. Because of a constitutional rule called the "doctrine of paramountcy," the ''Divorce Act'' is considered to be "superior" to the provincial ''[[Family Law Act]]''. As a result, if you are entitled to ask for an order under the ''Divorce Act'' about child support or spousal support, you probably should.

Nate Russell at 19:41, 25 July 2019

2019-07-25T19:41:12Z

← Older revision		Revision as of 19:41, 25 July 2019
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	You must also be ''ordinarily resident'' in your province for at least one year before you can ask for an order under the ''Divorce Act''. This means that you might have to delay filing for a divorce if you've moved to a new province within the last year.		You must also be ''ordinarily resident'' in your province for at least one year before you can ask for an order under the ''Divorce Act''. This means that you might have to delay filing for a divorce if you've moved to a new province within the last year.

	The ''Divorce Act'' refers to children as ''children of the marriage''. A child of the marriage is defined in s. 2(1) as:		The ''Divorce Act'' refers to children as ''children of the marriage''. A child of the marriage is defined in section 2(1) as:

	<blockquote><tt>A child of two spouses or former spouses who, at the material time,</tt></blockquote>		<blockquote><tt>A child of two spouses or former spouses who, at the material time,</tt></blockquote>
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	<blockquote><blockquote><tt>(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other <span class="noglossary">cause</span>, to withdraw from their charge or to obtain the necessaries of life.</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other <span class="noglossary">cause</span>, to withdraw from their charge or to obtain the necessaries of life.</tt></blockquote></blockquote>

	In other words, a child of the marriage is someone who is less than 19 years old, the age of majority in British Columbia, or who is 19 and older if the child cannot support themselves. Since only people qualifying as ''spouses'' are obliged to pay child support, the definition of child of the marriage is expanded in s. 2(2) to include stepparents:		In other words, a child of the marriage is someone who is less than 19 years old, the age of majority in British Columbia, or who is 19 and older if the child cannot support themselves. Since only people qualifying as ''spouses'' are obliged to pay child support, the definition of child of the marriage is expanded in section 2(2) to include stepparents:

	<blockquote><tt>For the purposes of the definition “child of the marriage” in subsection (1), a child of two spouses or former spouses includes</tt></blockquote>		<blockquote><tt>For the purposes of the definition “child of the marriage” in subsection (1), a child of two spouses or former spouses includes</tt></blockquote>

Corinne Shortridge at 16:16, 15 July 2019

2019-07-15T16:16:54Z

← Older revision		Revision as of 16:16, 15 July 2019
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	<blockquote><blockquote><tt>(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other <span class="noglossary">cause</span>, to withdraw from their charge or to obtain the necessaries of life.</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other <span class="noglossary">cause</span>, to withdraw from their charge or to obtain the necessaries of life.</tt></blockquote></blockquote>

	In other words, a child of the marriage is someone who is less than 19 years old, the age of majority in British Columbia, or who is 19 and older if the child cannot support ~~him- or herself~~. Since only people qualifying as ''spouses'' are obliged to pay child support, the definition of child of the marriage is expanded in s. 2(2) to include stepparents:		In other words, a child of the marriage is someone who is less than 19 years old, the age of majority in British Columbia, or who is 19 and older if the child cannot support themselves. Since only people qualifying as ''spouses'' are obliged to pay child support, the definition of child of the marriage is expanded in s. 2(2) to include stepparents:

	<blockquote><tt>For the purposes of the definition “child of the marriage” in subsection (1), a child of two spouses or former spouses includes</tt></blockquote>		<blockquote><tt>For the purposes of the definition “child of the marriage” in subsection (1), a child of two spouses or former spouses includes</tt></blockquote>
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	*spousal support.		*spousal support.

	The ''Divorce Act'' is going to change in 2020, as a result of [https://www.parl.ca/DocumentViewer/en/42-1/bill/C-78/third-reading Bill C-78]. Among other things, how we talk about the care of children will change. We will be talking about "parenting orders" and "parenting plans" that cover "decision-making responsibilities," "parenting time" and "contact" with a child. Other changes will:		The ''Divorce Act'' is going to change in 2020, as a result of [https://www.parl.ca/DocumentViewer/en/42-1/bill/C-78/third-reading Bill C-78]. Among other things, how we talk about the care of children will change. We will be talking about "parenting orders" and "parenting plans" that cover "decision-making responsibilities," "parenting time," and "contact" with a child. Other changes will:

	#expand the things courts and parents have to think about when deciding what is in the best interests of children;		*expand the things courts and parents have to think about when deciding what is in the best interests of children,
	#require parents to protect the children from their conflict;		*require parents to protect the children from their conflict,
	#require parents to try to resolve family law disputes out of court before going to court; and,		*require parents to try to resolve family law disputes out of court before going to court, and
	#implement new rules for when one parent wants to move with a child away from the other parents.		*implement new rules for when one parent wants to move with a child away from the other parents.

	''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Divorce Act'', including a chapter on [[Divorce Act Basics\|''Divorce Act'' Basics]].		''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Divorce Act'', including a chapter on [[Divorce Act Basics\|''Divorce Act'' Basics]].

Jpboyd at 17:47, 21 June 2019

2019-06-21T17:47:28Z

← Older revision		Revision as of 17:47, 21 June 2019
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	The ''[http://canlii.ca/t/7vbw Divorce Act]'', RSC 1985, c 3 (2nd Supp) is a federal law that you can find, along with other federal laws, at the website of the [http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html federal Department of Justice], or on [http://canlii.ca/t/7vbw CanLII], a free website for searching Canadian court decisions and legislation. Because of a constitutional rule called the ''doctrine of paramountcy'', the ''Divorce Act'' is considered to be superior to the provincial ''[[Family Law Act]]''. As a result, if you are entitled to ask for an order under the ''Divorce Act'' about child support or spousal support, you probably should.		The ''[http://canlii.ca/t/7vbw Divorce Act]'', RSC 1985, c 3 (2nd Supp) is a federal law that you can find, along with other federal laws, at the website of the [http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html federal Department of Justice], or on [http://canlii.ca/t/7vbw CanLII], a free website for searching Canadian court decisions and legislation. Because of a constitutional rule called the "doctrine of paramountcy," the ''Divorce Act'' is considered to be "superior" to the provincial ''[[Family Law Act]]''. As a result, if you are entitled to ask for an order under the ''Divorce Act'' about child support or spousal support, you probably should.

	The ''Divorce Act'' only applies to ''married spouses'', people who are or were married to each other by a marriage commissioner or a religious official licensed to perform marriages. If you are not legally married, the ''Family Law Act'' is the only game in town. Although the court may allow someone who isn't a spouse to apply under the ''Divorce Act'' for an order relating to custody of or access to a child, that person must get the court's permission first, and the spouses must have already started a court proceeding between each other.		The ''Divorce Act'' only applies to ''married spouses'', people who are or were married to each other by a marriage commissioner or a religious official licensed to perform marriages. If you are not legally married, the ''Family Law Act'' is the only game in town. Although the court may allow someone who isn't a spouse to apply under the ''Divorce Act'' for an order relating to custody of or access to a child, that person must get the court's permission first, and the spouses must have already started a court proceeding between each other.
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	*child support, and		*child support, and
	*spousal support.		*spousal support.

			The ''Divorce Act'' is going to change in 2020, as a result of [https://www.parl.ca/DocumentViewer/en/42-1/bill/C-78/third-reading Bill C-78]. Among other things, how we talk about the care of children will change. We will be talking about "parenting orders" and "parenting plans" that cover "decision-making responsibilities," "parenting time" and "contact" with a child. Other changes will:

			#expand the things courts and parents have to think about when deciding what is in the best interests of children;
			#require parents to protect the children from their conflict;
			#require parents to try to resolve family law disputes out of court before going to court; and,
			#implement new rules for when one parent wants to move with a child away from the other parents.

	''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Divorce Act'', including a chapter on [[Divorce Act Basics\|''Divorce Act'' Basics]].		''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Divorce Act'', including a chapter on [[Divorce Act Basics\|''Divorce Act'' Basics]].