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Difference between revisions of "Parenting Orders, Guardianship, and Contact (3:XI)"
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Parenting Orders, Guardianship, and Contact (3:XI) (view source)
Revision as of 01:54, 24 July 2016
, 01:54, 24 July 2016changed "FRA" to "FLA"
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=== 1. Divorce Act === | === 1. Divorce Act === | ||
The ''DA'' only speaks of access and custody. Under s 16, the Supreme Court may make an order for custody. This order will supersede any existing | The ''DA'' only speaks of access and custody. Under s 16, the Supreme Court may make an order for custody. This order will supersede any existing ''FLA'' orders, which cover custody, access, and guardianship, and can be registered for enforcement with any other Superior Provincial Court in Canada. The Supreme Court can also grant interim custody before a divorce action is heard. | ||
The ''DA'' applies only to married couples. Under the Act, the person making the application for custody must have been “habitually resident” in the province for at least one year prior. | The ''DA'' applies only to married couples. Under the Act, the person making the application for custody must have been “habitually resident” in the province for at least one year prior. | ||