Difference between revisions of "Newcomers to Canada and Family Law"

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Before we get into substantive immigration law, let us go over some differences in language in family and immigration law. Some of these differences are:
Before we get into substantive immigration law, let us go over some differences in language in family and immigration law. Some of these differences are:


'''i. Use of the term “Common Law” or “Spouse”'''
===Use of the term “Common Law” or “Spouse”===


''Immigration and Refugee Protection Regulations'' use the term “Common-Law partner” and list the following definition: “common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)”
''Immigration and Refugee Protection Regulations'' use the term “Common-Law partner” and list the following definition: “common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)”
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This means that just because you qualify as a common law spouse for the purpose of immigration, does not mean that you will qualify as a spouse for the purpose of Family Law Act.
This means that just because you qualify as a common law spouse for the purpose of immigration, does not mean that you will qualify as a spouse for the purpose of Family Law Act.


'''ii. Best Interest of the Child'''
===Best Interest of the Child===


Section 37(1) ''Family Law Act'' (BC) states that best interest of the child is the only consideration when making decisions about guardianship, parenting arrangements, and contact with the child.  
Section 37(1) ''Family Law Act'' (BC) states that best interest of the child is the only consideration when making decisions about guardianship, parenting arrangements, and contact with the child.  

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