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Difference between revisions of "Family Law Act Basics"
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This section provides a top to bottom overview of the ''[[Family Law Act]]'' in an easy-to-read question and answer format. It is written primarily for justice system workers and legal advocates, but anyone can use it. All of the information provided in this section is discussed in more detail elsewhere in ''JP Boyd on Family Law''. Use the search tool at the top of the page to find more information about specific topics. | This section provides a top to bottom overview of the ''[[Family Law Act]]'' in an easy-to-read question and answer format. It is written primarily for justice system workers and legal advocates, but anyone can use it. All of the information provided in this section is discussed in more detail elsewhere in ''JP Boyd on Family Law''. Use the search tool at the top of the page to find more information about specific topics. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Look for explanations under this heading to read about recent changes to family law affecting the information provided in this section. | |||
==Introduction== | ==Introduction== | ||
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The ''Act'', in other words, covers everything except adoption, child protection, and wills and estates problems! | The ''Act'', in other words, covers everything except adoption, child protection, and wills and estates problems! | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Under recent changes to the ''Family Law Act'' that took effect on 1 September 2020, the act now provides rules about the arbitration of family law disputes in addition to its rules about parenting coordination. | |||
==The law about children== | ==The law about children== | ||
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====The best interests of children and family violence==== | ====The best interests of children and family violence==== | ||
When family violence is an issue, parents and judges must consider the best-interests factors at section 37, as well as a list of considerations set out at section 38, to help assess the impact of | When family violence is an issue, parents and judges must consider the best-interests factors at section 37, as well as a list of considerations set out at section 38, to help assess the impact of family violence on the child and on a person’s capacity to care for the child. These considerations include: | ||
*the severity of the family violence, | *the severity of the family violence, | ||
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Remember that only guardians have parental responsibilities and the right to make decisions for a child. | Remember that only guardians have parental responsibilities and the right to make decisions for a child. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''. | |||
===What happens if a guardian can’t exercise parental responsibilities?=== | ===What happens if a guardian can’t exercise parental responsibilities?=== | ||
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''Good faith'' means that the guardian who wants to move isn’t planning on moving just to take the child away from another guardian, and that the move <span class="noglossary">will</span> likely improve the child’s quality of life or the guardian’s quality of life. | ''Good faith'' means that the guardian who wants to move isn’t planning on moving just to take the child away from another guardian, and that the move <span class="noglossary">will</span> likely improve the child’s quality of life or the guardian’s quality of life. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
The ''Divorce Act'' now also provides a test to help judges decide what should happen when a spouse wants to move away from the other spouse after separation. Although the ''Divorce Act'' test is similar to the ''Family Law Act'' test, they are not exactly the same. It is a good idea to speak to a lawyer whenever someone wants to move away after separation. | |||
==The law about child support== | ==The law about child support== | ||
