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Difference between revisions of "Governing Legislation and Resources for Family Law (3:II)"
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Governing Legislation and Resources for Family Law (3:II) (view source)
Revision as of 19:18, 12 August 2021
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 12, 2021}} | ||
{{LSLAP Manual TOC|expanded = family}} | {{LSLAP Manual TOC|expanded = family}} | ||
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About Spousal Support/Spousal Support Advisory Guidelines: http://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html | About Spousal Support/Spousal Support Advisory Guidelines: http://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html | ||
About Child Support/Federal Child Support Guidelines, P.C. 1997-469: | About Child Support/Federal Child Support Guidelines, P.C. 1997-469: https://www.justice.gc.ca/eng/fl-df/child-enfant/index.html | ||
=== 9. Support Calculator === | === 9. Support Calculator === | ||
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=== 1. Family Justice Centres === | === 1. Family Justice Centres === | ||
Family Justice Centres assist families going through a separation with issues of | Family Justice Centres assist families going through a separation with issues of parenting time and access, and spousal support as well as child support issues. Family justice counsellors provide dispute resolution services, and make referrals to legal aid, other legal services, and community resources for families facing separation. | ||
{| class="wikitable" | {| class="wikitable" | ||
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=== 1. Divorce Act, RSC 1985, c 3 [DA] === | === 1. Divorce Act, RSC 1985, c 3 [DA] === | ||
This is the federal legislation that provides for both divorce law and the determination of corollary relief (support, | This is the federal legislation that provides for both divorce law and the determination of corollary relief (support, parenting time, and access). Support orders under the Act have effect throughout Canada. All actions under the ''Divorce Act'' are generally heard in BC Supreme Court except those applications pursuant to Rule 18-3 of the ''Supreme Court Family Rules'', which allows such actions to be heard in certain Provincial Courts. However, if the Attorney General has designated a Provincial Court registry as a Supreme Court Registry under s 4 of the ''Provincial Court Act'', then that Provincial Court may decide interlocutory applications made under the ''Divorce Act''. | ||
:'''Note:''' The ''DA'' does not provide for division of matrimonial assets. A person has to seek division of matrimonial assets under the ''Family Law Act'' ''[FLA]''. | :'''Note:''' The ''DA'' does not provide for division of matrimonial assets. A person has to seek division of matrimonial assets under the ''Family Law Act'' ''[FLA]''. | ||
An amendment to the DA came into effect on March 1, 2021. These amendments include: | |||
*Increasing focus on the best interests of the child; | *Increasing focus on the best interests of the child; | ||
*Bringing definitions into alignment with the Family Law Act and focusing them on the relationship with the child. For instance, the amendments remove terms such as custody/custody order and add new terms such as parenting time/parenting order; | *Bringing definitions into alignment with the Family Law Act and focusing them on the relationship with the child. For instance, the amendments remove terms such as custody/custody order and add new terms such as parenting time/parenting order; | ||
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=== 2. Child, Family and Community Service Act, RSBC 1996, c 46 [CFCSA] === | === 2. Child, Family and Community Service Act, RSBC 1996, c 46 [CFCSA] === | ||
This Act provides for official apprehension of children (under 19 in BC) who are believed to be in need of protection or care. A hearing must be held before a judge within seven days. The hearing does not lead to any temporary or permanent | This Act provides for official apprehension of children (under 19 in BC) who are believed to be in need of protection or care. A hearing must be held before a judge within seven days. The hearing does not lead to any temporary or permanent parenting time orders, except by consent. Separate hearings are held for temporarily custodial orders and continuing custodial orders. | ||
=== 3. Family Maintenance Enforcement Act, RSBC 1996, c 127 [FMEA] === | === 3. Family Maintenance Enforcement Act, RSBC 1996, c 127 [FMEA] === | ||
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Website: http://canlii.ca/t/52mbr | Website: http://canlii.ca/t/52mbr | ||
''FHRMIRA'' came into force in 2013 and governs family law cases involving property located on | ''FHRMIRA'' came into force in 2013 and governs family law cases involving property located on First Nation Reserves. ''FHRMIRA'' also incorporates the local laws of the First Nation where the Reserve is located. | ||
Matters regarding the division of matrimonial interests or rights in property on Reserve may become complicated as some orders require consultation with the Band Council and with other Band Members, other than the spouses, who have an interest or right in the home. It is important to consult ''FHRMIRA'' as well as the Band’s legislation and investigate all of the potential interests in the matrimonial home when dealing with these matters. | Matters regarding the division of matrimonial interests or rights in property on Reserve may become complicated as some orders require consultation with the Band Council and with other Band Members, other than the spouses, who have an interest or right in the home. It is important to consult ''FHRMIRA'' as well as the Band’s legislation and investigate all of the potential interests in the matrimonial home when dealing with these matters. | ||
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These are the procedural rules that govern family law cases brought in the Supreme Court. Refer to these rules for the specific procedural requirements when making family law applications. | These are the procedural rules that govern family law cases brought in the Supreme Court. Refer to these rules for the specific procedural requirements when making family law applications. | ||
=== 8. British Columbia Provincial | === 8. British Columbia Provincial Family Court Rules, BC Reg. 417/98 === | ||
Website: https://canlii.ca/t/54vs0 | |||
These are the procedural rules that govern family law cases brought in the Provincial Court | These are the procedural rules that govern family law cases brought in the Provincial Court. | ||
== E. Referrals == | == E. Referrals == | ||
