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→Family Law Act, SBC 2011, c 25
Nate Russell (talk | contribs) (Created page with "===Family Law Act, SBC 2011, c 25=== The ''Family Law Act'' is a law created by the government of British Columbia that you can find, along with other provincial laws, at the...") |
Nate Russell (talk | contribs) |
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Family Law Act, SBC 2011, c 25 is a law created by the government of British Columbia that you can find, along with other provincial laws, at the website of the Queen's Printer or on [http://canlii.ca/t/8q3k CanLII], a free website that lets you search Canadian laws and court decisions. Both married and unmarried couples may apply for orders under this act, as well as other people who might have an interest in a child, such as a family member of the child. | |||
Section 1 of the Family Law Act defines a child as someone who is under 19 years of age. Section 146 gives a bigger definition for child support, and defines a child as including: | |||
Section 1 of the | |||
<blockquote><tt>a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of his or her parents or guardians</tt></blockquote> | <blockquote><tt>a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of his or her parents or guardians</tt></blockquote> | ||
Under Part 3 of the act, a | Under Part 3 of the act, a parent is presumed to be the biological father and the birth mother of a child. However, if assisted reproduction is used, parent can include: | ||
#up to two people to intend to have the child; | #up to two people to intend to have the child; | ||
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#a surrogate mother. | #a surrogate mother. | ||
When child support is an issue, parent can include a stepparent. Section 146 defines a | When child support is an issue, parent can include a stepparent. Section 146 defines a stepparent as: | ||
<blockquote><tt>a person who is a spouse of the child's parent and lived with the child's parent and the child during the child's life</tt></blockquote> | <blockquote><tt>a person who is a spouse of the child's parent and lived with the child's parent and the child during the child's life</tt></blockquote> | ||
Under s. 3, | Under s. 3, spouse includes: | ||
#someone who is married to someone else; | #someone who is married to someone else; | ||
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#former spouses. | #former spouses. | ||
Under s. 39(1) of the act, a child's | Under s. 39(1) of the act, a child's guardians are usually the child's parents, as long as they have lived together during the child's life. Under s. 39(3), guardians include: | ||
#people who are parents because of an assisted reproduction agreement; and, | #people who are parents because of an assisted reproduction agreement; and, | ||
#parents who never lived with child and other parent, as long as the parent "regularly cares" for the child. | #parents who never lived with child and other parent, as long as the parent "regularly cares" for the child. | ||
Under the act, someone who is a | Under the act, someone who is a parent or guardian can be required to pay child support. Someone who is a guardian has “parental responsibilities” in respect of the child and has “parenting time” with the child. Someone who is not a guardian, has “contact” with the child. | ||
A ''spouse'' can be entitled to get spousal support from another spouse. Only spouses who are married or who have lived in a marriage-like relationship for at least two years are entitled to share family property and are responsible for family debt. | A ''spouse'' can be entitled to get spousal support from another spouse. Only spouses who are married or who have lived in a marriage-like relationship for at least two years are entitled to share family property and are responsible for family debt. | ||
The | The Family Law Act covers these subjects: | ||
#parentage of children and assisted reproduction; | #parentage of children and assisted reproduction; | ||