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 03:46, 2 November 2021

360 bytes added ,  03:46, 2 November 2021
no edit summary
Line 1: Line 1:
{{REVIEWED LSLAP | date= August 18, 2021}}
{{REVIEWED LSLAP | date= August 18, 2021}}
{{LSLAP Manual TOC|expanded = family}}
{{LSLAP Manual TOC|expanded = family}}
'''Alternate Service (Also known as Substitutional Service)'''
*When an applicant, for a good reason, cannot serve the respondent personally because that person cannot be found or is evading service, the Court may make an order providing for service in some other way (i.e. by letter, advertisement, e-mail, Facebook message, other online methods, or service on a relative).


'''ANNULMENT'''  
'''ANNULMENT'''  
Line 12: Line 16:
*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 ''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'''
*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'''  
Line 20: Line 21:


'''DEPENDANT'''
'''DEPENDANT'''
*Anyone who relies on another to support them.
*Anyone who relies on another to support him or her.
 
'''SERVICE EX JURIS'''
*When the person to be served is outside the province.  


'''FILING'''
'''FILING'''
*As in filing pleadings, affidavits, property and financial statements, etc. in court. A document is filed at the court registry and forms part of the court record.  
*As in filing pleadings, affidavits, property, and financial statements, etc. in court. A document is filed at the court registry and forms part of the court record.  


'''GUARDIANSHIP'''
'''GUARDIANSHIP'''
Line 53: Line 51:


'''SERVICE'''
'''SERVICE'''
*The act of delivering a document such as a Notice of Family Claim to a person is known as personal service. There is a distinction between personal service and ordinary service in the ''Supreme Court Family Rules''; see Part 6 for details. In the ''Provincial Court (Family) Rules'', see Rule 3.  
*The act of delivering a document such as a Notice of Family Claim to a person is known as personal service. There is a distinction between personal service and ordinary service in the ''Supreme Court Family Rules''; see Part 6 for details. In the ''Provincial Court (Family) Rules'', see Rule 3. Certain documents must be served via personal service, such as originating pleadings including a Notice of Family Claim, an application to change, suspend, or terminate an existing final order, an application to set aside or replace the whole or part of an agreement filed under the Supreme Court Family Rules Rule 2-1(2), an application for an order for contempt, etc. See Rule 6-3(1) for a full list of documents that must be served by way of personal service.
 
'''SERVICE EX JURIS'''
*When the person to be served is outside the province.


'''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'': : 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.
*''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 “a man or woman 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.  
*''Wills, Estates and Succession Act'': under s 2, two persons are spouses of each other for the purposes of this Act if they were both alive immediately before the date of death of one of the persons and (a) they were married to each other, or (b) they had lived with each other in a marriage-like relationship for at least 2 years. Two persons cease being spouses of each other for the purposes of this Act if, (a) in the case of a marriage, an event occurs that causes an interest in family property, as defined in Part 5 [Property Division] of the ''Family Law Act'', to arise, or (b) in the case of a marriage-like relationship, one or both persons terminate the relationship.
*''Wills Variation Act'': the definition includes:
**a) a person who is united to another person by a marriage that, although not a legal marriage, is valid by common law, or,
**b) a person who has lived and cohabited with another person, for a period of at least two years immediately before the other person’s death, in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.  
*In British Columbia, the common law definition of a spouse evolves alongside the definition of a “marriage-like relationship”.  The following are considerations from Richardson Estate (Re), 2014 BCSC 2162 which arose as guiding questions in the determination of whether a couple is engaged in a marriage-like relationship, though the approach of the courts has been to treat these as considerations in a holistic determination of marriage-like relationships rather than a comprehensive checklist:
*In British Columbia, the common law definition of a spouse evolves alongside the definition of a “marriage-like relationship”.  The following are considerations from Richardson Estate (Re), 2014 BCSC 2162 which arose as guiding questions in the determination of whether a couple is engaged in a marriage-like relationship, though the approach of the courts has been to treat these as considerations in a holistic determination of marriage-like relationships rather than a comprehensive checklist:
**(1) Shelter:
**(1) Shelter:
Line 93: Line 91:
**(7) Children:
**(7) Children:
***a. What was the attitude and conduct of the parties concerning children?
***a. What was the attitude and conduct of the parties concerning children?
'''SUBSTITUTE SERVICE'''
*When an applicant, for a good reason, cannot serve the respondent personally because that person cannot be found, the Court may make an order providing for service in some other way (i.e. by letter, advertisement, or service on a relative).




{{LSLAP Manual Navbox|type=chapters1-7}}
{{LSLAP Manual Navbox|type=chapters1-7}}
Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/51149"

Navigation menu