2,667
edits
Difference between revisions of "Family Law Act"
Jump to navigation
Jump to search
no edit summary
| Line 11: | Line 11: | ||
<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 ''parent'' is presumed to be the biological father and the birth mother of a child. However, if assisted reproduction is used, parent can include: | 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 who intend to have the child, | *up to two people who intend to have the child, | ||
*a donor of sperm and a donor of an egg, and | *a donor of sperm and a donor of an egg, | ||
*a surrogate mother. | *a surrogate mother, and | ||
*a spouse of a surrogate mother. | |||
When child support is an issue, parent can include a stepparent. Section 146 defines a stepparent as: | 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> | ||
| Line 26: | Line 27: | ||
*someone who has lived with someone else in a marriage-like relationship for at least two years, | *someone who has lived with someone else in a marriage-like relationship for at least two years, | ||
*except for the parts of the act about dividing property and debt, someone who has lived with someone else in a marriage-like relationship for less than two years if they have had a child together, and | *except for the parts of the act about dividing property and debt, someone who has lived with someone else in a marriage-like relationship for less than two years if they have had a child together, and | ||
* | *people who used to be spouses. | ||
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: | 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: | ||
| Line 35: | Line 36: | ||
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” for the child and has “parenting time” with the child. Someone who is not a guardian, has “contact” with the child. | 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” for the child and has “parenting time” with the child. Someone who is not a guardian, has “contact” with the child. | ||
Someone who is 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 ''Family Law Act'' covers these subjects: | The ''Family Law Act'' covers these subjects: | ||
| Line 45: | Line 46: | ||
*child support and spousal support, | *child support and spousal support, | ||
*dividing property and debt, | *dividing property and debt, | ||
*children's property, | |||
*orders to protect people, and | *orders to protect people, and | ||
*orders to protect property. | *orders to protect property. | ||
''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Family Law Act'', including a chapter on [[Family Law Act Basics|''Family Law Act'' Basics]]. | ''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Family Law Act'', including a chapter on [[Family Law Act Basics|''Family Law Act'' Basics]]. | ||