Governing Legislation and Resources for Family Law (3:II): Difference between revisions
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Governing Legislation and Resources for Family Law (3:II) (view source)
Revision as of 03:15, 28 October 2016
, 28 October 2016→1. Divorce Act, RSC 1985, c 3 [DA]
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This is the federal legislation that provides for both divorce law and the determination of corollary relief (support, custody, and access). Support orders under the Act have effect throughout Canada. All actions under the ''Divorce Act'' are generally heard in BC Supreme Court except those applications pursuant to Rule 18-3 of the ''Supreme Court Family Rules'', which allows such actions to be heard in certain Provincial Courts. However, if the Attorney General has designated a Provincial Court registry as a Supreme Court Registry under s 4 of the ''Provincial Court Act'', then that Provincial Court may decide interlocutory applications made under the ''Divorce Act''. | This is the federal legislation that provides for both divorce law and the determination of corollary relief (support, custody, and access). Support orders under the Act have effect throughout Canada. All actions under the ''Divorce Act'' are generally heard in BC Supreme Court except those applications pursuant to Rule 18-3 of the ''Supreme Court Family Rules'', which allows such actions to be heard in certain Provincial Courts. However, if the Attorney General has designated a Provincial Court registry as a Supreme Court Registry under s 4 of the ''Provincial Court Act'', then that Provincial Court may decide interlocutory applications made under the ''Divorce Act''. | ||
:'''Note:''' The ''DA'' does not provide for division of matrimonial assets. A person has to seek division of matrimonial assets under the ''Family Law Act'' ''[FLA]''. | |||
=== 2. Child, Family and Community Service Act, RSBC 1996, c 46 [CFCSA] === | === 2. Child, Family and Community Service Act, RSBC 1996, c 46 [CFCSA] === | ||