Chapter 3

Question 1

Split Custody

Answer 1

Sole or joint custody agreement where each parent has at least once child living with him or her

Question 2

Shared Custody

Answer 2

Joint custody agreement where the child spends 40% of the time with each parent

Question 3

Sole Custody

Answer 3

One parent has the legal right and responsibility to care for an make all the decisions for the children

Question 4

Access

Answer 4

The amount of time and information given to the non-custodial parent, which can range from only having information about the child provided to the child residing with the access parent for long periods of time.

Question 5

Domestic Contract

Answer 5

Formal written legal agreement signed by marital partners defining the obligations flowing from the marital bond

• Marriage contracts
• Separation agreements

Question 6

Custody

Answer 6

The rights and obligations related to the care and control of a child, which includes legal custody and physical custody

Question 7

Child Support

Answer 7

Legal obligation of parents to support their children finacially

Question 8

Common-Law Relationship or Cohabitation

Answer 8

Generally means living together in a conjugal relationship outside of marriage, but legally defined by statute in each jurisdiction

Question 9

Collaborative Family Law

Answer 9

Dispute-resolution used after a relationship breakdown where parties and lawyers commit to reading reaching a negotiated outcome- agree not to start litigation.
- Must enter into participation agreement (binding)

Question 10

Best interest of the child

Answer 10

The paramount test for determining child custody and access arrangement in Canada

Question 11

Arbitration

Answer 11

Dispute-resolution method: independent arbitrator, chosen by the parties, decides the rights and obligations of the parties

Binding: only turn to court to appeal decision of arbitrator
Non-binding: litigation may be pursued if unsatisfied with the out-come

Question 12

Marriage Breakdown

Answer 12

1) Living separate and apart for 1 year
2) Adultery committed by the other spouse
3) Physical or mental cruelty

Question 13

Family Law Act- Supreme Court

Answer 13

• Divorce
• Property
• Custody/ Access
• Adoption
• Debts

Question 14

Family Law Act- Provincial Court

Answer 14

• Guardianship
• Child support
• Parenting arrangement
• Contact with child
• Protection order
• Spousal support

Question 15

Property Division

Answer 15

• Dealt with in Family Law Act

- BC Supreme Court has jurisdiction to deal with asset division

Question 16

Divorce Act

Answer 16

Can only be granted by BC Supreme Court: Getting a divorce

Question 17

Family Law Act (Which Court?)

Answer 17

Dealt with in both Provincial and BC Supreme Courts

Question 18

Adultery

Answer 18

• Seek divorce immediately
• Supreme Court will grant divorce in 31 days
• Judge can grant divorce within 24 hours: serious violence or abuse has occured

Question 19

Living separate and apart

Answer 19

• Apply for divorce
• 12 months after separation plus 31 days
• May live under the same roof

Question 20

Ground for divorce

Answer 20

The ONLY ground is “marriage breakdown”

1) Spouses live apart for one year
2) Either party commits adultery
3) Either party treats the other with physical or mental cruelty

Question 21

Definition of marriage

Answer 21

• Enter into a legal contract and social status
• Federal government has exclusive jurisdiction
• Province issues marriage license
• Must be 19 or 16 with consent of Supreme Court