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→The Divorce Act
===The ''Divorce Act''===
The ''Divorce Act'' is a federal law that you can find, along with other federal laws, on the website of the federal [http://laws-lois.justice.gc.ca/eng/acts/D-3.4/page-1.html Department of Justice], or on [http://canlii.ca/t/7vbw CanLII], a free website for searching Canadian court decisions and legislation. The ''Divorce Act'' became law in 1985. A number of very important changes to the act became law on 1 July 2020 which and changed how we talk about parenting children and the best interests of children. The current ''Divorce Act'' covers these basic main subjects:
#getting divorced;
#decision-making responsibility;
#parenting time and contact with children;
#moving away, with or without children;
#child support; and,
#spousal support.
The ''Divorce Act'' only applies to married ''married spouses'', people who are, or were, married to each other by a marriage commissioner or a religious official licensed to perform marriages. (If you're not legally married, the ''Divorce Act'' doesn't apply to you, and the ''Family Law Act'' is the only game in town.) The ''Divorce Act'' refers to children as ''children of the marriage''. A "child of the marriage" is defined in section 2(1) as:
<blockquote><tt>A child of two spouses or former spouses who, at the material time,</tt></blockquote>
<blockquote><blockquote><tt>(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other <span class="noglossary">cause</span>, to withdraw from their charge or to obtain the necessaries of life.</tt></blockquote></blockquote>
In other words, a "child of the marriage" is someone who is less than 19 years old — the age of majority in British Columbia — or who is 19 and older if the child cannot support themselvesfor some reason, like going to college or university. The definition of "child of the marriage" is expanded in section 2(2) of the ''Divorce Act'' to include stepparents.
''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Divorce Act'', including a chapter on [[Divorce Act Basics|''Divorce Act'' Basics]].