2,667
edits
Difference between revisions of "Divorce Act Basics"
From Clicklaw Wikibooks
→Who is a child?
| Line 156: | Line 156: | ||
===Who is a child?=== | ===Who is a child?=== | ||
The ''[[Divorce Act]]'' talks about "children of the marriage." A child is a child of one or both spouses who is under the provincial age of majority, or older but "unable to withdraw" from the spouses' care. In British Columbia, the age of majority is 19. In other provinces, like Alberta, the age of majority is 18. | The ''[[Divorce Act]]'' talks about "children of the marriage." A child is a child of one or both spouses who is under the provincial age of majority, or older but "unable to withdraw" from the spouses' care. In British Columbia, the age of majority is 19. In other provinces, like Alberta and Manitoba, the age of majority is 18. | ||
Although a court can make orders about the care of children who are under the age of majority, in practice the court usually won't make orders about children who are close to the age of majority. Children who are that old are usually old enough to make decisions for themselves about where they'd like to live, and the court will usually respect their decisions. | Although a court can make orders about the care of children who are under the age of majority, in practice the court usually won't make orders about children who are close to the age of majority. Children who are that old are usually old enough to make decisions for themselves about where they'd like to live, and the court will usually respect their decisions. | ||
