Difference between revisions of "Parents"
From Clicklaw Wikibooks
→Relationships between people who aren't parents or spouses
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===Relationships between people who aren't parents or spouses=== | ===Relationships between people who aren't parents or spouses=== | ||
Family law doesn't have much at all to do with people who are dating and don't have a child. They're not "spouses" under the ''Family Law Act'', they're not "parents," and since they don't have a child, they're not "guardians." The ''Family Law Act'' | Family law doesn't have much at all to do with people who are dating and don't have a child. They're not "spouses" under the ''Family Law Act'', they're not "parents," and since they don't have a child, they're not "guardians." The ''Family Law Act'' doesn't apply to them because their relationship isn't one of the relationships the act talks about. | ||
There are only a few ways the law can affect people in relationships like this. If there is violence or non-consensual sexual activity, the parts of the ''[http://canlii.ca/t/7vf2 Criminal Code]'' that talk about things like assault, battery, sexual assault, rape, stalking, unlawful confinement, and abduction might apply, and those are issues that the police deal with. If they sign a lease together, buy something together or take out a loan together, then the law of contract or the law of property might be used to figure out who's entitled to which assets and responsible for which obligations. If they buy property together, the provincial ''[http://canlii.ca/t/848q Partition of Property Act]'' will let them ask the court to sell the property and divvy up the proceeds. I suppose that if they split up and start bad-mouthing each other on social media, then tort law and the law about defamation might also be relevant. | There are only a few ways the law can affect people in relationships like this. If there is violence or non-consensual sexual activity, the parts of the ''[http://canlii.ca/t/7vf2 Criminal Code]'' that talk about things like assault, battery, sexual assault, rape, stalking, unlawful confinement, and abduction might apply, and those are issues that the police deal with. If they sign a lease together, buy something together or take out a loan together, then the law of contract or the law of property might be used to figure out who's entitled to which assets and responsible for which obligations. If they buy property together, the provincial ''[http://canlii.ca/t/848q Partition of Property Act]'' will let them ask the court to sell the property and divvy up the proceeds. I suppose that if they split up and start bad-mouthing each other on social media, then tort law and the law about defamation might also be relevant. | ||
