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Difference between revisions of "Family Law Act"
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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, | |||
*a donor of sperm and a donor of an egg, and | |||
*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: | ||
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Under s. 3, spouse includes: | Under s. 3, spouse includes: | ||
*someone who is married to someone else, | |||
*someone who has lives 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 lives with someone else in a marriage-like relationship for less than two years if they have had a child together, and | |||
*former 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: | ||
*people who are parents because of an assisted reproduction agreement, and | |||
*parents who never lived with child and other parent, as long as the parent "regularly cares" for 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” in respect of 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” in respect of the child and has “parenting time” with the child. Someone who is not a guardian, has “contact” with the child. | ||
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*child support and spousal support, | *child support and spousal support, | ||
*dividing property and debt, | *dividing property and debt, | ||
*orders to protect people, and | *orders to protect people, and | ||
*orders to protect property. | *orders to protect property. | ||