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Difference between revisions of "The Legislation on Family Law"
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The Legislation on Family Law (view source)
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The most important statutes in family law and divorce law are British Columbia's ''[[Family Law Act]]'' and the federal ''[[Divorce Act]]''. There is also a very important federal regulation, the [[Child Support Guidelines]], and an important academic paper, the [[Spousal Support Advisory Guidelines]]. You may also run into other provincial and federal laws, like the ''[http://canlii.ca/t/8481 Name Act]'', the ''[http://canlii.ca/t/848q Partition of Property Act]'' or the ''[http://canlii.ca/t/7vfd Canada Pension Plan]'', which weren't written just for family law disputes but still relate to your situation. There are also some international treaties that might apply, most commonly the [http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on child abduction] and the [http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx UN Convention on the Rights of the Child]. | The most important statutes in family law and divorce law are British Columbia's ''[[Family Law Act]]'' and the federal ''[[Divorce Act]]''. There is also a very important federal regulation, the [[Child Support Guidelines]], and an important academic paper, the [[Spousal Support Advisory Guidelines]]. You may also run into other provincial and federal laws, like the ''[http://canlii.ca/t/8481 Name Act]'', the ''[http://canlii.ca/t/848q Partition of Property Act]'' or the ''[http://canlii.ca/t/7vfd Canada Pension Plan]'', which weren't written just for family law disputes but still relate to your situation. There are also some international treaties that might apply, most commonly the [http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on child abduction] and the [http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx UN Convention on the Rights of the Child]. | ||
This section describes the basic legislation on family and divorce law, and briefly reviews some of the important secondary legislation and treaties touching on family law issues. | This section describes the basic legislation on family and divorce law, and briefly reviews some of the important secondary legislation and international treaties touching on family law issues. | ||
==Two important statutes, one important regulation and one influential paper== | ==Two important statutes, one important regulation and one influential paper== | ||
The federal ''[[Divorce Act]]'', the provincial ''[[Family Law Act]]'' and the federal [[Child Support Guidelines]] are central to family law in British Columbia. While some of the subjects covered by the '' | The federal ''[[Divorce Act]]'', the provincial ''[[Family Law Act]]'' and the federal [[Child Support Guidelines]] are central to family law in British Columbia. While some of the subjects covered by the ''Divorce Act'' and the ''Family Law Act'' overlap, there are significant distinctions between the two laws that you need to be aware of. | ||
Only the ''[[Divorce Act]]'' deals with divorce. Only the ''[[Family Law Act]]'' deals with the guardianship of children and the division of property and debts. Both acts deal with the care of children, children's parenting schedules, child support, and spousal support. Both laws use the [[Child Support Guidelines]] to calculate child support and the payment of children's special expenses. | Only the ''[[Divorce Act]]'' deals with divorce. Only the ''[[Family Law Act]]'' deals with the guardianship of children and the division of property and debts. Both acts deal with the care of children, children's parenting schedules, child support, and spousal support. Both laws use the [[Child Support Guidelines]] to calculate child support and the payment of children's special expenses. | ||
One of the most important distinctions between the two laws, as <span class="noglossary">will</span> | One of the most important distinctions between the two laws, as <span class="noglossary">will</span> we'll talk about later, lies in how they define important terms like ''spouse'', ''parent'' and ''child''. Depending on the particular law you're dealing with, you may fall inside these definitions or outside of them, and that can have an important impact on your family law problem and the options available to you. | ||
===The ''Divorce Act''=== | ===The ''Divorce Act''=== | ||
