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Difference between revisions of "Family Law Glossary (3:App A)"
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Family Law Glossary (3:App A) (view source)
Revision as of 17:29, 20 August 2021
, 17:29, 20 August 2021no edit summary
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 18, 2021}} | ||
{{LSLAP Manual TOC|expanded = family}} | {{LSLAP Manual TOC|expanded = family}} | ||
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'''CUSTODY''' | '''CUSTODY''' | ||
*Under the ''Divorce Act'': "care, upbringing and any other incident of custody." As of March 1, 2021, this term | *Under the ''Divorce Act'': "care, upbringing and any other incident of custody." As of March 1, 2021, this term was replaced with "parenting time". | ||
'''DECLARATORY JUDGMENT''' | '''DECLARATORY JUDGMENT''' | ||
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'''INTERIM ORDER''' | '''INTERIM ORDER''' | ||
*An order that is granted prior to the making of a final order. The order is good until a further order of the Court or agreement between the parties is made. The final order will not automatically be the same as the interim order. An interim order to determine | *An order that is granted prior to the making of a final order. The order is good until a further order of the Court or agreement between the parties is made. The final order will not automatically be the same as the interim order. An interim order to determine parenting time and asset management while the matter is still in dispute is common in many divorce proceedings. | ||
'''INTERIM EX PARTE ORDER''' | '''INTERIM EX PARTE ORDER''' | ||
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'''NOTICE OF FAMILY CLAIM''' | '''NOTICE OF FAMILY CLAIM''' | ||
*Documents that must be filed to commence most formal proceedings in the Supreme Court, for divorce and corollary relief. | *Documents that must be filed to commence most formal proceedings in the Supreme Court, for divorce and corollary relief. | ||
'''PARENTING TIME''' | |||
*Under the Divorce Act: “care, upbringing and any other incident of custody". | |||
'''PETITIONER/CLAIMANT''' | '''PETITIONER/CLAIMANT''' | ||
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'''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 two persons who are married to each | *''Divorce Act'': : Previously, “either of two persons who are married to each other”. Note, the definition of “spouse” no longer uses the phrase “means either of two persons who are married to each other” and now includes “former spouse” for specific sections of the Act (6(1), 15.1 to 16.96, 21.1, 25.01 and 25.1). See section 2(1) of the Divorce Act. | ||
*''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. | *''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. | ||