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Difference between revisions of "Governing Legislation and Resources for Family Law (3:II)"
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Governing Legislation and Resources for Family Law (3:II) (view source)
Revision as of 00:36, 11 September 2021
, 00:36, 11 September 2021→1. Divorce Act, RSC 1985, c 3 [DA]
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=== 1. Divorce Act, RSC 1985, c 3 [DA] === | === 1. Divorce Act, RSC 1985, c 3 [DA] === | ||
This is the federal legislation that provides for both divorce law and the determination of corollary relief (support, parenting time, and access). Support orders under the Act have effect throughout Canada. All actions under the ''Divorce Act'' are generally heard in BC Supreme Court | This is the federal legislation that provides for both divorce law and the determination of corollary relief (support, parenting time, and access). Support orders under the Act have effect throughout Canada. All actions under the ''Divorce Act'' are generally heard in BC Supreme Court. However, if the Attorney General has designated a Provincial Court registry as a Supreme Court Registry under s 4 of the ''Provincial Court Act'', then that Provincial Court may decide interlocutory applications made under the ''Divorce Act''. | ||
:'''Note:''' The ''DA'' does not provide for division of matrimonial assets. A person has to seek division of matrimonial assets under the ''Family Law Act'' ''[FLA]''. | :'''Note:''' The ''DA'' does not provide for division of matrimonial assets. A person has to seek division of matrimonial assets under the ''Family Law Act'' ''[FLA]''. | ||
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*Increasing focus on the best interests of the child; | *Increasing focus on the best interests of the child; | ||
*Bringing definitions into alignment with the Family Law Act and focusing them on the relationship with the child. For instance, the amendments remove terms such as custody/custody order and add new terms such as parenting time/parenting order; | *Bringing definitions into alignment with the Family Law Act and focusing them on the relationship with the child. For instance, the amendments remove terms such as custody/custody order and add new terms such as parenting time/parenting order; | ||
*New provisions defining family violence and compelling courts to consider family violence in divorce proceedings. | *New provisions defining family violence and compelling courts to consider family violence in divorce proceedings. | ||
=== 2. Child, Family and Community Service Act, RSBC 1996, c 46 [CFCSA] === | === 2. Child, Family and Community Service Act, RSBC 1996, c 46 [CFCSA] === | ||