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Difference between revisions of "The Legislation on Family Law"

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The Legislation on Family Law (view source)

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(Minor overhaul, but deleted most of wills and estates section to track overall treatment of secondary legislation and update to WESA)
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There's more information about naming and changing names in the aptly-named [[Naming and Changes of Name]] section of the [[Other Family Law Issues]] chapter.
There's more information about naming and changing names in the aptly-named [[Naming and Changes of Name]] section of the [[Other Family Law Issues]] chapter.


==International Treaties==
==International treaties==


Canada is a signatory to many multilateral international agreements, from agreements about the treatment of prisoners in wartime to agreements about money laundering. In family law, the two most important treaties concern the wrongful removal of children and the rights of children.
Canada is a signatory to many multilateral international agreements, from agreements about the treatment of prisoners in wartime to agreements about money laundering. In family law, the two most important treaties concern the wrongful removal of children and the rights of children.
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More information about the Hague Convention, including a list of signatory countries, can be found in the chapter [[Resolving Family Law Problems in Court]] within the section [[Enforcing Orders in Family Matters]].
More information about the Hague Convention, including a list of signatory countries, can be found in the chapter [[Resolving Family Law Problems in Court]] within the section [[Enforcing Orders in Family Matters]].


===The UN Convention on the rights of children===
===The UN Convention on the Rights of the Child===


The [[Media:Crc.pdf|UN Convention on the Rights of the Child]] (PDF) is an agreement about the human rights and legal rights of children in signatory countries. Among other things, Article 12 of the convention says that the views of children must be heard in any legal proceeding that affects their interests:
The [http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx UN Convention on the Rights of the Child] is an agreement about the human rights and legal rights of children in signatory countries. Among other things, Article 12 of the convention says that the views of children must be heard in any legal proceeding that affects their interests:


<blockquote><tt>1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.</tt></blockquote>
<blockquote><tt>1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.</tt></blockquote>
<blockquote><tt>2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.</tt></blockquote>
<blockquote><tt>2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.</tt></blockquote>
You can get a copy of the complete text of the Convention from the [http://www.ohchr.org/EN/Pages/WelcomePage.aspx website of the UN Office of the High Commissioner for Human Rights] by searching for "<tt>convention rights child</tt>."


You can find more information about how the views of children are heard in family law disputes in the chapter [[Children in Family Law Matters]].
You can find more information about how the views of children are heard in family law disputes in the chapter [[Children in Family Law Matters]].


===Provincial legislation===
===Domestic legislation===


Canada and British Columbia have made a number of important agreements with other countries for the mutual enforcement of court orders.
Canada and British Columbia have made a number of important agreements with other countries for the mutual enforcement of court orders.  


The ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'' talks about getting and changing orders for child support and spousal support where the parties are living in different provinces or different countries. The [http://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation] has a table showing which countries have signed up.
The ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'' talks about getting and changing orders for child support and spousal support where the parties are living in different provinces, territories or states. The [http://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation] has a table showing which countries have signed up.


The ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' is about enforcing court orders for the payment of money or transfer of goods or property. The countries that have signed up can be found in the [http://canlii.ca/t/84h5 Notice of Reciprocating Jurisdictions].
The ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' is about enforcing court orders for the payment of money or transfer of goods or property. The countries that have signed up can be found in the [http://canlii.ca/t/84h5 Notice of Reciprocating Jurisdictions].
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