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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 14:30, 14 April 2013
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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. | ||
===The Hague Convention on international abduction=== | |||
The [http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction] says what signatory countries must do when someone has wrongfully taken a child into that country. The convention says how someone from the departure country can make an application for an order in the destination country for the return of the child, the defences that can be made to an application, the different orders the court in the destination country can make, and the factors that court must consider in making those orders. | The [http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction] says what signatory countries must do when someone has wrongfully taken a child into that country. The convention says how someone from the departure country can make an application for an order in the destination country for the return of the child, the defences that can be made to an application, the different orders the court in the destination country can make, and the factors that court must consider in making those orders. | ||
The [Media:Crc.pdf UN Convention on the Rights of the Child] (PDF) is | ===The UN Convention on the rights of children=== | ||
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, Art. 12 of the convention says that the views of children must be heard in any legal proceeding which 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>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> | |||
===Local legislation=== | |||
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 living in different places. 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 which have signed up can be found in the [http://canlii.ca/t/84h5 Notice of Reciprocating Jurisdictions]. | |||
{{JP Boyd on Family Law Navbox|type=started}} | {{JP Boyd on Family Law Navbox|type=started}} | ||
