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Difference between revisions of "The Legislation on Family Law"
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The Legislation on Family Law (view source)
Revision as of 18:03, 21 June 2019
, 18:03, 21 June 2019no edit summary
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===Marriage=== | ===Marriage=== | ||
The federal ''[http://canlii.ca/t/7vq2 Marriage (Prohibited Degrees) Act]'' sets out the degrees of consanguinity | The federal ''[http://canlii.ca/t/7vq2 Marriage (Prohibited Degrees) Act]'' sets out the degrees of ''consanguinity'', relatedness by blood and adoption, a couple cannot have if they are to marry each other. The federal ''[http://canlii.ca/t/7w02 Civil Marriage Act]'' defines marriage as the "union of two persons" rather than "the union of a man and a woman," allowing same sex couples to marry, and makes related changes to other federal legislation like the ''[[Divorce Act]]'', allowing same sex couples to divorce, and the ''[http://canlii.ca/t/7vb7 Income Tax Act]''. | ||
The provincial ''[http://canlii.ca/t/846b Marriage Act]'' deals with the formalities of marriage, and covers such things as who is entitled to marry people, marriage licences, and the age at which a couple can legally marry. | The provincial ''[http://canlii.ca/t/846b Marriage Act]'' deals with the formalities of marriage, and covers such things as who is entitled to marry people, marriage licences, and the age at which a couple can legally marry. | ||
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The provincial ''[http://canlii.ca/t/84gw Age of Majority Act]'' sets the age of majority at 19. The provincial ''[http://canlii.ca/t/8446 Infants Act]'' describes the legal capacity of children, such as their ability to enter into legally binding contracts or marriage settlements. | The provincial ''[http://canlii.ca/t/84gw Age of Majority Act]'' sets the age of majority at 19. The provincial ''[http://canlii.ca/t/8446 Infants Act]'' describes the legal capacity of children, such as their ability to enter into legally binding contracts or marriage settlements. | ||
The provincial ''[http://canlii.ca/t/84g5 Adoption Act]'' deals with such things as who can give a child up for adoption, who may adopt a child, and the general ins and outs of the adoption process. The process for adoption is described in more detail in the section on [[Adoption]] | The provincial ''[http://canlii.ca/t/84g5 Adoption Act]'' deals with such things as who can give a child up for adoption, who may adopt a child, and the general ins and outs of the adoption process. The process for adoption is described in more detail in the section on [[Adoption]] in the chapter [[Family Relationships]]. | ||
The provincial ''[http://canlii.ca/t/84kw Parental Responsibility Act]'' says that parents whose children have been convicted of causing damage or loss of property may be held responsible for loss caused by their children's offences, up to a maximum of $10,000. | The provincial ''[http://canlii.ca/t/84kw Parental Responsibility Act]'' says that parents whose children have been convicted of causing damage or loss of property may be held responsible for loss caused by their children's offences, up to a maximum of $10,000. | ||
The United Nations [https://www.unhcr.org/uk/4aa76b319.pdf Convention on the Rights of the Child] is an international treaty, and law in Canada. This convention says that children have the basic human rights that adults do, as well as other rights such as the right to be protected from abuse and exploitation, the right to education and health care, and the right to an adequate standard of living. The convention also says that children have the right to "be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child." | |||
===Child protection=== | ===Child protection=== | ||
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===Real property=== | ===Real property=== | ||
The provincial ''[http://canlii.ca/t/8451 Land (Spouse Protection) Act]'' protects the rights of married spouses and unmarried spouses to their interest in the family home by allowing them to file an entry on the title of the property, but the protection ends once the spousal relationship ends. | The provincial ''[http://canlii.ca/t/8451 Land (Spouse Protection) Act]'' protects the rights of married spouses and unmarried spouses to their interest in the family home by allowing them to file an "entry" on the title of the property that can stop the property from being sold, but the protection ends once the spousal relationship ends. | ||
The provincial ''[http://canlii.ca/t/8456 Land Title Act]'' deals with all aspects of the ownership and transfer of real property in British Columbia, including the conditions of holding valid title to a piece of land, placing and removing encumbrances (like liens and mortgages) on the title of a property, and the conditions under which a Certificate of Pending Litigation can be placed on the title. The ''[http://canlii.ca/t/848q Partition of Property Act]'' gives someone who owns property jointly with someone else the right to force the sale of that property over the objections of the other owner. | The provincial ''[http://canlii.ca/t/8456 Land Title Act]'' deals with all aspects of the ownership and transfer of real property in British Columbia, including the conditions of holding valid title to a piece of land, placing and removing encumbrances (like liens and mortgages) on the title of a property, and the conditions under which a Certificate of Pending Litigation can be placed on the title. The ''[http://canlii.ca/t/848q Partition of Property Act]'' gives someone who owns property jointly with someone else the right to force the sale of that property over the objections of the other owner. | ||
