5,109
edits
Difference between revisions of "Family Law Glossary (3:App A)"
Jump to navigation
Jump to search
Family Law Glossary (3:App A) (view source)
Revision as of 03:41, 29 December 2020
, 03:41, 29 December 2020no edit summary
| Line 1: | Line 1: | ||
{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= September 20, 2020}} | ||
{{LSLAP Manual TOC|expanded = family}} | {{LSLAP Manual TOC|expanded = family}} | ||
'''ANNULMENT''' | '''ANNULMENT''' | ||
*A judicial pronouncement declaring a marriage invalid. Although it is commonly thought that an annulment has the same effect as if the marriage never took place, it is still possible to divide property under Part 5 of the ''Family Relations Act''. | *A judicial pronouncement declaring a marriage invalid. Although it is commonly thought that an annulment has the same effect as if the marriage never took place, it is still possible to divide property under Part 5 of the ''Family Relations Act'' if proceedings began prior to March 18, 2013. | ||
'''APPLICANT/CLAIMANT''' | '''APPLICANT/CLAIMANT''' | ||
* | *A person seeking a court order. In Provincial Court, the parties are called the applicant and the respondent, but they are the claimant and the respondent under the ''Family Law Act'', ''Family Relations Act'' and the ''Divorce Act''. | ||
'''CHILD''' | '''CHILD''' | ||
*Under the ''Divorce Act'': a “‘child of the marriage’ is a child of two spouses or former spouses who... is under the age of majority and who has not withdrawn from their charge, or is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life”. | *Under the ''Divorce Act'': a “‘child of the marriage’ is a child of two spouses or former spouses who... is under the age of majority and who has not withdrawn from their charge, or is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life”. | ||
*Under the ''Family Law Act'': “a person who is under 19 years of age or a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of | *Under the ''Family Law Act'': “a person who is under 19 years of age or a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of their parents or guardians. | ||
*Under the ''Adoption Act'': “an unmarried person under the age of 19 years”. | *Under the ''Adoption Act'': “an unmarried person under the age of 19 years”. | ||
'''CUSTODY''' | '''CUSTODY''' | ||
* | *Under the ''Divorce Act'': "care, upbringing and any other incident of custody." As of March 1, 2021, this term will be replaced with "parenting time". | ||
'''DECLARATORY JUDGMENT''' | '''DECLARATORY JUDGMENT''' | ||
*A judgment given by the Court in the form of a declaration | *A judgment given by the Court in the form of a declaration. | ||
'''DEPENDANT''' | '''DEPENDANT''' | ||
*Anyone who relies on another to support | *Anyone who relies on another to support them. | ||
'''SERVICE EX JURIS''' | '''SERVICE EX JURIS''' | ||
| Line 47: | Line 47: | ||
'''RESPONDENT''' | '''RESPONDENT''' | ||
* | *A person against whom a court order is sought. In Provincial Court, the parties are called the applicant and the respondent, but they are called the claimant and the respondent under the ''Supreme Court Family Rules'' and the ''Divorce Act''. | ||
'''SERVICE''' | '''SERVICE''' | ||
| Line 54: | Line 54: | ||
'''SPOUSE''' | '''SPOUSE''' | ||
*''Family Law Act'': 3(1): a person is a spouse for the purposes of this Act if the person(a) is married to another person, or (b) has lived with another person in a marriage-like relationship, and: (i) has done so for a continuous period of at least 2 years, (ii) except in Parts 5 [''Property Division''] and 6 [''Pension Division''], has a child with the other person. | *''Family Law Act'': 3(1): a person is a spouse for the purposes of this Act if the person(a) is married to another person, or (b) has lived with another person in a marriage-like relationship, and: (i) has done so for a continuous period of at least 2 years, (ii) except in Parts 5 [''Property Division''] and 6 [''Pension Division''], has a child with the other person. | ||
*''Divorce Act'': “either of | *''Divorce Act'': “either of two persons who are married to each other". Effective March 1, 2021, the definition will be amended under this ''Act'' to include former spouses under certain subsections of the ''Act'' (see s 2(1)). | ||
*''Supreme Court Family Rules'': either a legally married spouse or | *''Supreme Court Family Rules'': either a legally married spouse or “[two persons] not married to each other, who lived together as [married spouses] for a period of not less than two years” and who made an application under the Act within one year of separation. Same-sex partners are now viewed as common-law spouses provided the marriage-like relationship lasts for at least two years and the application for relief is commenced within one year of separation. The definition of “stepparent” includes a same-sex partner who also qualifies as a same-sex spouse. | ||
*''Estate Administration Act'': under s 85, parties must have cohabited for two years AND the claiming spouse must have been maintained AND the two years must run immediately preceding the death or a person who is united to another person by a marriage that, while not legal, is valid at common law. | *''Estate Administration Act'': under s 85, parties must have cohabited for two years AND the claiming spouse must have been maintained AND the two years must run immediately preceding the death or a person who is united to another person by a marriage that, while not legal, is valid at common law. | ||
*''Wills Variation Act'': the definition includes: | *''Wills Variation Act'': the definition includes: | ||