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Difference between revisions of "The Legislation on Family Law"
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<blockquote><tt>23 (1) For all purposes of the law of British Columbia,</tt></blockquote> | <blockquote><tt>23 (1) For all purposes of the law of British Columbia,</tt></blockquote> | ||
<blockquote><blockquote><tt>(a) a person is the child of | <blockquote><blockquote><tt>(a) a person is the child of the person's parents,</tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(b) a child's parent is the person determined under this Part to be the child's parent, and</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(b) a child's parent is the person determined under this Part to be the child's parent, and</tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(c) the relationship of parent and child and kindred relationships flowing from that relationship must be as determined under this Part.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(c) the relationship of parent and child and kindred relationships flowing from that relationship must be as determined under this Part.</tt></blockquote></blockquote> | ||
<blockquote><tt>(2) For the purposes of an instrument or enactment that refers to a person, described in terms of | <blockquote><tt>(2) For the purposes of an instrument or enactment that refers to a person, described in terms of the person's relationship to another person by birth, blood or marriage, the reference must be read as a reference to, and read to include, a person who comes within the description because of the relationship of parent and child as determined under this Part.</tt></blockquote> | ||
You'll see that this rule is broken down into smaller bits. These are called '''subsections'''. If someone was talking about the last part of section 23, they would say "section 23, subsection 2" or "section 23 sub 2." In writing, you would put "section 23(2)." (Just as ''chapter'' is abbreviated as '''c.''', ''section'' is abbreviated as '''s.''' If we are talking about more than one section, ''sections'' is abbreviated as '''ss.''' ''Subsection'' is abbreviated as '''s-s.''' and the plural is written as '''s-ss.''') | You'll see that this rule is broken down into smaller bits. These are called '''subsections'''. If someone was talking about the last part of section 23, they would say "section 23, subsection 2" or "section 23 sub 2." In writing, you would put "section 23(2)." (Just as ''chapter'' is abbreviated as '''c.''', ''section'' is abbreviated as '''s.''' If we are talking about more than one section, ''sections'' is abbreviated as '''ss.''' ''Subsection'' is abbreviated as '''s-s.''' and the plural is written as '''s-ss.''') | ||
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===Enforcement of support obligations=== | ===Enforcement of support obligations=== | ||
The provincial ''[ | The provincial ''[https://canlii.ca/t/840m Family Maintenance Enforcement Act]'' establishes the [https://www.bcfma.ca/ Family Maintenance Enforcement Program], overseen by the BC Family Maintenance Agency which is the government agency with the authority to enforce support orders, and sets the extent of that authority. The provincial ''[https://canlii.ca/t/84h5 Court Order Enforcement Act]'' sets out the ways in which money awarded under a judgment can be collected, such as by liens against property, the garnishment of wages, and so forth. | ||
The provincial ''[ | The provincial ''[https://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'' allows support orders made outside of British Columbia to be registered in this province for enforcement. It also allows someone affected by a registered order to start a process here that may result in the variation of that order by the court that originally made the order. The act does not apply to all support orders, only to the orders of the countries, provinces, and states that have an agreement with British Columbia about support orders. | ||
===Real property=== | ===Real property=== | ||
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The provincial ''[http://canlii.ca/t/8481 Name Act]'' is the law that deals with changes of name, both for a married spouse following divorce and for anyone who hankers to be called something different. (The process is fairly simple for a spouse following divorce.) The ''[http://canlii.ca/t/84fk Vital Statistics Act]'' talks about the registration of new births and about the naming of infants, and should be read if you're thinking of calling your child something different like Moon Unit or Blue Ivy. | The provincial ''[http://canlii.ca/t/8481 Name Act]'' is the law that deals with changes of name, both for a married spouse following divorce and for anyone who hankers to be called something different. (The process is fairly simple for a spouse following divorce.) The ''[http://canlii.ca/t/84fk Vital Statistics Act]'' talks about the registration of new births and about the naming of infants, and should be read if you're thinking of calling your child something different like Moon Unit or Blue Ivy. | ||
There's more information about naming and changing names in the | There's more information about naming and changing names in the guide on [[How Do I Change My Name after Marriage or Divorce?]]. | ||
==International treaties== | ==International treaties== | ||
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The [http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction] says what steps a signatory country must take when someone has wrongfully taken a child into that country. The convention explains how someone from the departure country can make an application for an order in the destination country for the return of the child. It outlines the defences that can be made to applications like these, the different orders the court in the destination country can make, and the factors that court must consider in deciding whether to make those orders. | The [http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction] says what steps a signatory country must take when someone has wrongfully taken a child into that country. The convention explains how someone from the departure country can make an application for an order in the destination country for the return of the child. It outlines the defences that can be made to applications like these, the different orders the court in the destination country can make, and the factors that court must consider in deciding whether to make those orders. | ||
More information about the Hague Convention, including a list of signatory countries, can be found in the chapter [[Resolving Family Law Problems in Court | More information about the Hague Convention, including a list of signatory countries, can be found in the chapter [[Resolving Family Law Problems in Court]]. | ||
===The UN Convention on the Rights of the Child=== | ===The UN Convention on the Rights of the Child=== | ||
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The ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' is about enforcing court orders for the payment of money or transfer of goods or property. The countries that have signed up can be found in the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/courtorderenflist Notice of Reciprocating Jurisdictions]. | The ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' is about enforcing court orders for the payment of money or transfer of goods or property. The countries that have signed up can be found in the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/courtorderenflist Notice of Reciprocating Jurisdictions]. | ||
You can find more information about the ''Interjurisdictional Support Orders Act'' in the chapter [[Child Support]], in the section [[Making Changes to Child Support]]. You can find more information about enforcement of orders in the chapter [[Resolving Family Law Problems in Court | You can find more information about the ''Interjurisdictional Support Orders Act'' in the chapter [[Child Support]], in the section [[Making Changes to Child Support]]. You can find more information about enforcement of orders in the chapter [[Resolving Family Law Problems in Court]]. | ||
{{REVIEWED | reviewer = [[JP Boyd]], 16 | {{REVIEWED | reviewer = [[JP Boyd]], 16 November 2023}} | ||
{{JP Boyd on Family Law Navbox|type=started}} | {{JP Boyd on Family Law Navbox|type=started}} | ||