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The Law for Family Matters

103 bytes added, 22:29, 23 November 2023
Jurisdictional issues
*guardianship and parenting children under the ''Family Law Act'',
*moving away, with or without children, under the ''Family Law Act'',
*spousal support and child support under the ''Family Law Act'', *companion animals, and
*orders for the protection of people under the ''Family Law Act''.
*spousal support and child support under both the ''Divorce Act'' and the ''Family Law Act'',
*dividing property and debt under the ''Family Law Act'',
*companion animals under the ''Family Law Act'',
*orders for the protection of people under the ''Family Law Act'', and
*orders for the protection of property under the ''Family Law Act''.
As you can see, if you wish to make claims about divorce, determining the parentage of a child, managing children's property, dividing property (other than a companion animal) and debt, or protecting property, you must make your application to the Supreme Court. Otherwise, you can make your claim in either court.
Making matters worse, there can be court proceedings happening at the same time, involving the same people and possibly the same problems, before both the Provincial Court and the Supreme Court. For example, a claim for a couple's divorce can be before the Supreme Court at the same time as an application about parental responsibilities and spousal support is being heard by the Provincial Court. That's not so bad, because each court is dealing with different legal issues. Where it gets hairy is when someone starts a claim in the Provincial Court — usually because that court doesn't charge filing fees and is a little bit easier to navigate — and the other side starts a claim in the Supreme Court on the same legal issues plus a few more that the Provincial Court can't deal with, like the division of property. In cases like that, either party can make an application that the proceedings in the Provincial Court be ''joined'' with those in the Supreme Court so that they are heard at the same time before the same court.