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Difference between revisions of "The Law for Family Matters"
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Because of the rules set out in the ''Constitution Act, 1867'', the federal government has the sole authority to make laws on the following subjects: | Because of the rules set out in the ''Constitution Act, 1867'', the federal government has the sole authority to make laws on the following subjects: | ||
*marriage, | |||
*divorce, | |||
*spousal support and child support, and | |||
*custody of and access to children. | |||
Because of the same statute, provincial governments have exclusive authority to make laws dealing with these subjects: | Because of the same statute, provincial governments have exclusive authority to make laws dealing with these subjects: | ||
*the formalities of the marriage ceremony, | |||
*spousal support and child support, | |||
*guardianship, parental responsibilities, and parenting time, | |||
*contact with children, | |||
*the division of family property and family debt, | |||
*adoption, | |||
*a child's welfare, and | |||
*changes of name. | |||
To further complicate things, the Provincial Court and the Supreme Court can make orders about some of the same subjects, but not all, under some of the same legislation, but not all. The Provincial Court can only deal with applications involving laws made by the provincial government and, even then, it cannot deal with applications involving the division of a property or debt, or adoption. In family law proceedings, the Provincial Court can only deal with applications involving the following subjects: | To further complicate things, the Provincial Court and the Supreme Court can make orders about some of the same subjects, but not all, under some of the same legislation, but not all. The Provincial Court can only deal with applications involving laws made by the provincial government and, even then, it cannot deal with applications involving the division of a property or debt, or adoption. In family law proceedings, the Provincial Court can only deal with applications involving the following subjects: | ||
*guardianship, parental responsibilities, parenting time, and contact under the ''Family Law Act'', | |||
*spousal support and child support under the ''Family Law Act'', | |||
*the enforcement of such orders made under the ''Family Law Act'', and | |||
*protection orders under the ''Family Law Act''. | |||
The Supreme Court, on the other hand, can deal with all of these subjects and everything else, like divorce and other claims under the ''Divorce Act''. | The Supreme Court, on the other hand, can deal with all of these subjects and everything else, like divorce and other claims under the ''Divorce Act''. | ||