Difference between revisions of "Divorce Act"

Jump to navigation Jump to search
5 bytes removed ,  16:16, 15 July 2019
m
no edit summary
m
Line 11: Line 11:
<blockquote><blockquote><tt>(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other <span class="noglossary">cause</span>, to withdraw from their charge or to obtain the necessaries of life.</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other <span class="noglossary">cause</span>, to withdraw from their charge or to obtain the necessaries of life.</tt></blockquote></blockquote>


In other words, a child of the marriage is someone who is less than 19 years old, the age of majority in British Columbia, or who is 19 and older if the child cannot support him- or herself. Since only people qualifying as ''spouses'' are obliged to pay child support, the definition of child of the marriage is expanded in s. 2(2) to include stepparents:
In other words, a child of the marriage is someone who is less than 19 years old, the age of majority in British Columbia, or who is 19 and older if the child cannot support themselves. Since only people qualifying as ''spouses'' are obliged to pay child support, the definition of child of the marriage is expanded in s. 2(2) to include stepparents:


<blockquote><tt>For the purposes of the definition “child of the marriage” in subsection (1), a child of two spouses or former spouses includes</tt></blockquote>
<blockquote><tt>For the purposes of the definition “child of the marriage” in subsection (1), a child of two spouses or former spouses includes</tt></blockquote>
Line 24: Line 24:
*spousal support.
*spousal support.


The ''Divorce Act'' is going to change in 2020, as a result of [https://www.parl.ca/DocumentViewer/en/42-1/bill/C-78/third-reading Bill C-78]. Among other things, how we talk about the care of children will change. We will be talking about "parenting orders" and "parenting plans" that cover "decision-making responsibilities," "parenting time" and "contact" with a child. Other changes will:
The ''Divorce Act'' is going to change in 2020, as a result of [https://www.parl.ca/DocumentViewer/en/42-1/bill/C-78/third-reading Bill C-78]. Among other things, how we talk about the care of children will change. We will be talking about "parenting orders" and "parenting plans" that cover "decision-making responsibilities," "parenting time," and "contact" with a child. Other changes will:


#expand the things courts and parents have to think about when deciding what is in the best interests of children;
*expand the things courts and parents have to think about when deciding what is in the best interests of children,
#require parents to protect the children from their conflict;
*require parents to protect the children from their conflict,
#require parents to try to resolve family law disputes out of court before going to court; and,
*require parents to try to resolve family law disputes out of court before going to court, and
#implement new rules for when one parent wants to move with a child away from the other parents.
*implement new rules for when one parent wants to move with a child away from the other parents.


''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Divorce Act'', including a chapter on [[Divorce Act Basics|''Divorce Act'' Basics]].
''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Divorce Act'', including a chapter on [[Divorce Act Basics|''Divorce Act'' Basics]].

Navigation menu