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Difference between revisions of "Newcomers to Canada and Family Law"
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Newcomers to Canada and Family Law (view source)
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Before we get into substantive immigration law, let us go over some differences in language in family and immigration law. Some of these differences are: | Before we get into substantive immigration law, let us go over some differences in language in family and immigration law. Some of these differences are: | ||
===Use of the term “Common Law” or “Spouse”=== | |||
''Immigration and Refugee Protection Regulations'' use the term “Common-Law partner” and list the following definition: “common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)” | ''Immigration and Refugee Protection Regulations'' use the term “Common-Law partner” and list the following definition: “common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)” | ||
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This means that just because you qualify as a common law spouse for the purpose of immigration, does not mean that you will qualify as a spouse for the purpose of Family Law Act. | This means that just because you qualify as a common law spouse for the purpose of immigration, does not mean that you will qualify as a spouse for the purpose of Family Law Act. | ||
===Best Interest of the Child=== | |||
Section 37(1) ''Family Law Act'' (BC) states that best interest of the child is the only consideration when making decisions about guardianship, parenting arrangements, and contact with the child. | Section 37(1) ''Family Law Act'' (BC) states that best interest of the child is the only consideration when making decisions about guardianship, parenting arrangements, and contact with the child. | ||
