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Difference between revisions of "The New Divorce Act"
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(Created page with "{{JP Boyd on Family Law TOC}} The current ''[http://canlii.ca/t/53z6j Divorce Act]'' has been around since 1985. It hasn't changed much in the last 35 years, except when the...") |
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==Introduction== | ==Introduction== | ||
The ''Divorce Act'' is the main Canadian law on marriage breakdown and divorce. It only applies to couples who are or were married to each other, regardless of where they were married. It talks about: | The federal ''Divorce Act'' is the main Canadian law on marriage breakdown and divorce. It only applies to couples who are or were married to each other, regardless of where they were married. It talks about: | ||
*divorce and foreign divorce orders, | *divorce and foreign divorce orders, | ||
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The other parts of the ''Divorce Act'' about divorce, foreign divorce orders, and making and changing orders about child support and spousal support aren't changing much at all. | The other parts of the ''Divorce Act'' about divorce, foreign divorce orders, and making and changing orders about child support and spousal support aren't changing much at all. | ||
==Parenting Orders and Contact Orders== | Remember, the ''Divorce Act'' only applies to people who are, or were, legally married to each other. If you never married your partner, the ''Divorce Act'' doesn't apply to you. Any problems you have can only be dealt with under the provincial ''[[Family Law Act]]''. | ||
==Parenting After Separation== | |||
===Parenting Orders and Contact Orders=== | |||
The biggest change in [https://www.parl.ca/LegisInfo/BillDetails.aspx?Language=E&billId=9868788 Bill C-78] is about how we talk about parenting after separation. Say goodbye to "custody" and "access." | The biggest change in [https://www.parl.ca/LegisInfo/BillDetails.aspx?Language=E&billId=9868788 Bill C-78] is about how we talk about parenting after separation. Say goodbye to "custody" and "access." | ||
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<blockquote>'''Contact''', which is the time someone other than a spouse spends with the children.</blockquote> | <blockquote>'''Contact''', which is the time someone other than a spouse spends with the children.</blockquote> | ||
Together, orders about parenting time and decision-making responsibility are called '''parenting orders'''. A '''parenting plan''', on the other hand, means the parts of | Together, orders about parenting time and decision-making responsibility are called '''parenting orders'''. A '''parenting plan''', on the other hand, means the parts of a written agreement between spouses that talk about parenting time and decision-making responsibility. | ||
Parenting orders and parenting plans may: | |||
* divide parenting time between spouses, | |||
* divide or share decision-making responsibilities between spouses, and | |||
* specify how spouses communicate with each other. | |||