C7 Flashcards
What is the primary distinction between legal information and legal advice?
Legal information explains the importance of obtaining legal advice, while legal advice includes recommending actions such as leaving the home or changing locks.
Legal information is general, whereas legal advice is specific to an individual’s situation.
What does divorce law address?
The status issue of whether parties can consider themselves single again and remarry if they wish.
It focuses on the legal dissolution of marriage.
What is the purpose of family property law?
Determines the appropriate division of assets and real property brought into and accumulated during the union.
It ensures fair distribution of property upon separation.
What does family support law ensure?
Economically dependent family members receive economic help from those who supported them during the union.
This law aims to support individuals who cannot fully support themselves.
What is a parenting order designed to ensure?
That day-to-day care of children and their ongoing relationships with parents are arranged in a manner that reflects the children’s best interests.
Parenting orders include parenting time and parental decision-making.
What governs the divorce of married couples in Canada?
The federal Divorce Act.
This act outlines the legal process for divorce.
What is the only ground for divorce in Canada?
Marriage breakdown.
Evidence can include one year’s separation, adultery, or cruelty.
True or False: Divorce in Canada is granted on a fault basis.
False.
Divorce is granted on a ‘no-fault’ basis.
What legislation made it legal for same-sex couples to marry in Canada?
Legislation enacted by federal parliament in July 2005.
This legislation also allows same-sex couples to obtain a divorce.
What does the Family Law Act in Ontario establish?
Rules for the calculation and division of family property upon separation.
It ensures equitable distribution of property.
What is the process for calculating equalization payments?
- Value of property owned at separation
- Subtract debts and liabilities
- Exclude gifts, inheritances, etc.
This process determines how assets are divided fairly.
What may happen to the matrimonial home upon separation?
One party may be granted exclusive possession, buy out the other, or the home may be sold and proceeds divided.
The decision depends on individual circumstances.
What terms were eliminated in the amendments to the Divorce Act?
Custody and access; replaced with parental time and parental decision-making.
This change reflects a shift in terminology to better describe parenting arrangements.
What is the best interests of the child test?
A series of factors guiding courts in parenting decisions.
It includes considerations like child’s needs, relationships, and history of care.
What are the non-exhaustive factors considered in determining a child’s best interest?
- Child’s needs
- Nature and strength of relationships
- Willingness to maintain relationships
- History of care
- Child’s views and preferences
- Cultural upbringing
- Plans for care
- Ability to meet needs
- Family violence
These factors help ensure decisions prioritize the child’s welfare.
What is the role of the Children’s Lawyer in Ontario?
To provide legal representation for children, appointed by court order.
This role dates back to 1826.
What actions can the court take if a party withholds a child contrary to a parental order?
The court can issue orders to locate and apprehend the child or restrict removal from jurisdiction.
Penalties for non-compliance can include fines and imprisonment.
True or False: Child support is the right of the parent, not the child.
False.
Child support is the right of the child and can be ordered regardless of parenting time.
What is the age limit for child support under the Divorce Act?
Until the child is 16 years old, or beyond if incapable of supporting themselves.
The Family Law Act extends support requirements under certain conditions.
What must a spouse demonstrate to claim spousal support?
Economic dependency during the marriage or common law relationship.
Spousal support is separate from child support.
What are the three kinds of domestic contracts?
- Marriage contract
- Cohabitation agreement
- Separation agreement
These contracts can dictate rights on separation.
What is required for a public adoption in Ontario?
Working with a children’s aid society.
Public adoptions involve children in extended society care.
What is the cost range for a private adoption?
$15,000 to $25,000.
Private adoptions are facilitated by licensed individuals or agencies.
What is involved in a homestudy for adoption?
Assessment of a family or individual considering adoption, covering motivation, personality, and parenting beliefs.
A SAFE (Structured Analysis Family Evaluation) is mandatory.
