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Difference between revisions of "Separation and the Law"
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<blockquote><blockquote><blockquote><tt>(ii) an action, taken by a spouse, that demonstrates the spouse's intention to separate permanently.</tt></blockquote></blockquote></blockquote> | <blockquote><blockquote><blockquote><tt>(ii) an action, taken by a spouse, that demonstrates the spouse's intention to separate permanently.</tt></blockquote></blockquote></blockquote> | ||
This is helpful, because the old ''Family Relations Act'' didn't talk about separation in any detail. However, the phrase in | This is helpful, because the old ''Family Relations Act'' didn't talk about separation in any detail. However, the phrase in section 3(4)(b), "the court may consider," suggests that this section isn't a comprehensive listing of things the court should consider, and the cases about separation are still very helpful. Here are some of the highlights: | ||
''[http://canlii.ca/t/gwfq9 Herman v. Herman]'', 1969 CanLII 839 (NS SC) | ''[http://canlii.ca/t/gwfq9 Herman v. Herman]'', 1969 CanLII 839 (NS SC) | ||
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This ground for divorce has been abolished. | This ground for divorce has been abolished. | ||
Instead, | Instead, section 8(1)(2)(a) of the ''Divorce Act (Canada)'' allows either spouse to apply for a divorce on the ground that the spouses have been living separate and apart for at least a year, and that there is no chance of reconciliation. | ||
===Separation and children=== | ===Separation and children=== | ||
Under | Under section 39(1) of the ''Family Law Act'', a parent is a guardian of their child both while the parents live together and they remain guardians even after separation. | ||
Separation can be extraordinarily difficult on children. In most registries of the Provincial Court, couples are required to attend a Parenting After Separation program. This program, which is <span class="noglossary">brief</span> and free, teaches parents how to communicate with one another after separation and how to talk to their children about separation. It is an extremely useful program, and one which I encourage all separating parents to take. You can find more information about this program and other issues relating to children and separation in the chapter entitled [[Children in Family Law Matters|Children]], in the section [[Parenting after Separation]]. | Separation can be extraordinarily difficult on children. In most registries of the Provincial Court, couples are required to attend a Parenting After Separation program. This program, which is <span class="noglossary">brief</span> and free, teaches parents how to communicate with one another after separation and how to talk to their children about separation. It is an extremely useful program, and one which I encourage all separating parents to take. You can find more information about this program and other issues relating to children and separation in the chapter entitled [[Children in Family Law Matters|Children]], in the section [[Parenting after Separation]]. | ||
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===Links=== | ===Links=== | ||
* [https://www.clicklaw.bc.ca/resource/ | *[https://www.clicklaw.bc.ca/resource/4639 Legal Services Society’s Family Law website's information page on Separation & Divorce] | ||
{{REVIEWED | reviewer = [[Vanessa Van Sickle]], June 13, 2019}} | {{REVIEWED | reviewer = [[Vanessa Van Sickle]], June 13, 2019}} | ||