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Difference between revisions of "Introduction to Family Law"
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Introduction to Family Law (view source)
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*'''Interim Order''': An order made after a court case has begun but before it has ended by a trial or a settlement. Interim orders are temporary and last until they are changed by another interim order or until trial or settlement. | *'''Interim Order''': An order made after a court case has begun but before it has ended by a trial or a settlement. Interim orders are temporary and last until they are changed by another interim order or until trial or settlement. | ||
*'''Litigation''': A process for resolving a dispute through the court system, which starts with service of the court forms stating the court case and describing the legal claims and concludes with the abandonment of the court by the person who started it, a settlement or a trial. | *'''Litigation''': A process for resolving a dispute through the court system, which starts with service of the court forms stating the court case and describing the legal claims and concludes with the abandonment of the court by the person who started it, a settlement or a trial. | ||
Married Spouse: Someone who has been legally married to someone else. | *'''Married Spouse''': Someone who has been legally married to someone else. | ||
Mediation: A voluntary, formal bargaining process in which the parties try to resolve a family law dispute with the assistance of a neutral mediator. | *'''Mediation''': A voluntary, formal bargaining process in which the parties try to resolve a family law dispute with the assistance of a neutral mediator. | ||
Negotiation: A voluntary, informal process in which the parties try to resolve a family law dispute by bargaining with each other. | *'''Negotiation''': A voluntary, informal process in which the parties try to resolve a family law dispute by bargaining with each other. | ||
Order: The mandatory direction of a judge. | *'''Order''': The mandatory direction of a judge. | ||
Parent: Someone who is the natural parent of a child, the adopted parent of a child a parent by assisted reproduction, or, in certain circumstances, a donor of eggs or sperm and a surrogate mother. | *'''Parent''': Someone who is the natural parent of a child, the adopted parent of a child a parent by assisted reproduction, or, in certain circumstances, a donor of eggs or sperm and a surrogate mother. | ||
Parental Responsibilities: Decisions about the upbringing and care of a child made by the child’s guardians. Parental responsibilities is a term used in the Family Law Act. | *'''Parental Responsibilities''': Decisions about the upbringing and care of a child made by the child’s guardians. Parental responsibilities is a term used in the ''Family Law Act''. | ||
Parenting Arrangements: The arrangements made in an order or agreement for parental responsibilities and parenting time. Parenting arrangements is a term used in the Family Law Act. | *'''Parenting Arrangements''': The arrangements made in an order or agreement for parental responsibilities and parenting time. Parenting arrangements is a term used in the ''Family Law Act''. | ||
Parenting Time: A guardian’s time with a child, usually fixed by a schedule. Parenting time is a term used in the Family Law Act. | *'''Parenting Time''': A guardian’s time with a child, usually fixed by a schedule. Parenting time is a term used in the ''Family Law Act''. | ||
Payor: Someone who is obliged to pay child support or spousal support to someone else, the “recipient,” as a result of a court order or an agreement. | *'''Payor''': Someone who is obliged to pay child support or spousal support to someone else, the “recipient,” as a result of a court order or an agreement. | ||
Property: Anything that has value, such as a house, a bank account, a company, clothing, the contents of the family home and any other asset. | *'''Property''': Anything that has value, such as a house, a bank account, a company, clothing, the contents of the family home and any other asset. | ||
Protection Order: An order restricting a person's behaviour for the protection of someone else. Protection order is a term used in the Family Law Act. | *'''Protection Order''': An order restricting a person's behaviour for the protection of someone else. Protection order is a term used in the ''Family Law Act''. | ||
Separation: The breakdown of a romantic relationship. Separation usually means that a couple have moved out and are living apart from each other, but it is possible to be separated and while continuing to live under the same roof. | *'''Separation''': The breakdown of a romantic relationship. Separation usually means that a couple have moved out and are living apart from each other, but it is possible to be separated and while continuing to live under the same roof. | ||
Separation Agreement: A written agreement recording a settlement of some or all of the issues in a family law dispute. | *'''Separation Agreement''': A written agreement recording a settlement of some or all of the issues in a family law dispute. | ||
Settlement: The resolution of a legal dispute on terms agreed to by the parties. May be recorded in a written agreement or in a consent order. | *'''Settlement''': The resolution of a legal dispute on terms agreed to by the parties. May be recorded in a written agreement or in a consent order. | ||
Spousal Support: Money paid by one spouse to the other, the "recipient", to help pay for that spouse’s living expenses. | *'''Spousal Support''': Money paid by one spouse to the other, the "recipient", to help pay for that spouse’s living expenses. | ||
Spousal Support Advisory Guidelines: An academic paper which describes mathematical formulas that can be used to calculate the amount of spousal support payable, when a spouse is entitled to receive it, and the length of time it should be paid for. | *'''Spousal Support Advisory Guidelines''': An academic paper which describes mathematical formulas that can be used to calculate the amount of spousal support payable, when a spouse is entitled to receive it, and the length of time it should be paid for. | ||
Spouse: A married spouse, under the Divorce Act the Family Law Act, or an unmarried spouse, under the Family Law Act. | *'''Spouse''': A married spouse, under the ''Divorce Act'' the ''Family Law Act'', or an unmarried spouse, under the ''Family Law Act''. | ||
Stepparent: Someone who is the spouse of a parent. | *'''Stepparent''': Someone who is the spouse of a parent. | ||
Supreme Court: British Columbia’s superior court which deals with family law issues under the common law, the Family Relations Act and the Divorce Act. | *'''Supreme Court''': British Columbia’s superior court which deals with family law issues under the common law, the ''Family Relations Act'' and the ''Divorce Act''. | ||
Recipient: Someone who is entitled to receive child support or spousal support from someone else, the “payor,” as a result of a court order or written agreement. | *'''Recipient''': Someone who is entitled to receive child support or spousal support from someone else, the “payor,” as a result of a court order or written agreement. | ||
Trial: The resolution of a court case by presenting evidence and argument to a judge. | *'''Trial''': The resolution of a court case by presenting evidence and argument to a judge. | ||
Unmarried Spouse: A person who has lived with someone else in a marriage-like relationship for at least two years. For the purpose of claims for spousal support, includes people who have lived together for less than two years and have had a child together. | *'''Unmarried Spouse''': A person who has lived with someone else in a marriage-like relationship for at least two years. For the purpose of claims for spousal support, includes people who have lived together for less than two years and have had a child together. | ||
More information: | ==More information:== | ||
*See other Dial-A-Law scripts in this family series for more detail. | |||
See other Dial-A-Law scripts in this family series for more detail. | *See also the wikibook JP Boyd on Family Law, from Courthouse Libraries BC, which provides comprehensive information about family law, including links to the rules of court and court forms, at [[JP Boyd on Family Law]]. | ||
See also the wikibook JP Boyd on Family Law, from Courthouse Libraries BC, which provides comprehensive information about family law, including links to the rules of court and court forms, at [[JP Boyd on Family Law]]. | *Check the ''Family Law Act'' available at [http://www.bclaws.ca www.bclaws.ca]. | ||
Check the Family Law Act available at [http://www.bclaws.ca www.bclaws.ca]. | *Also check the ''Divorce Act'' at http://laws-lois.justice.gc.ca. | ||
Also check the Divorce Act at http://laws-lois.justice.gc.ca. | |||
