Chapter 8 Flashcards
family law
deals with the legal issues when families begin and end including marriage, separation, divorce, parenting, support, dividing property, adoption and family violence
four relationships in family law
married spouses, unmarried spouses, parents, and childās caregivers
divorce act (general) is about ā¦
divorce, parenting after separation, child support, spousal support, relocation
albertaās family law act
involves issues such as determining who are the parents of the child, determining who are the guardians of the child, setting out rights and obligations of parents and guardians, parenting orders, amount of contact, amount of child support and spousal support
basic parentage rule
the parents of a child are the birth mother and the biological father, unless there has been an adoption or the child is conceived through assisted reproduction
guardianship
in alberta, parentage status is not as important as the guardianship; the person who is a guardian of the child is the one able to make legal decisions for the child, not the parent
parenting orders
if there is disagreement about parenting between spouses, either of the guardians may apply for a parenting order. The content of parenting orders will vary from case to case.
contact orders
contact orders involve contact between the child and persons other than the child who might nevertheless be important to them, such as grandparents; if a guardian denied you contact with a child, you may make an application under the Family Law Act for contact with the child in-person or through other means, such as telephone call or an email.
best interests of the child
the family law act requires the judge to ensure to protect, as much as possible, the childās physical, psychological, and emotional safety. When making a decision, the judge must look at factors that may determine the ābest interests of the childā
adult interdependent partner and spousal support
āadult interdependent partnersā are two people who live together in a relationship of interdependence:
- for a continuous period of at least 3 years
- of some permanence (and less than 3 years) of the couple has a child together, or who have entered into an adult interdependent partner agreement.
parliamentary divorce
In certain provinces, parliamentary divorce used to be the only option, a private memberās bill had to pass the three readings and be heard by a special divorce committee
social changes to divorce
after the 60ās the āno faultā divorce was introduced for partners who lived separate and apart for a period of three or five years
jurisdiction over family law
the power to legislate in relation to marriage and divorce is given to the federal government in the british north america act 1867, it gives the provinces the right to legislate in relation to matrimonial property, the support of spouses and children and custody, it also confers jurisdiction over the related matters of succession, adoption, and guardianship.
legal definition of family
a married couple of opposite or same sex and the children of either or both spouses
a common law couple (AIR) of opposite or same sex and the children of either or both partners
a single parent of any marital status with at least one child living in the same home
law of contract
gives rise to such familial obligations such as child custody, child support, and spousal support
child custody
the determination of which parent is best prepared to have custody of a child or children is made in accordance with the admittedly vague standard of āthe best interests of the childā
child support
the obligation of a parent to contribute to the best of his or her financial ability to the care and costs of raising his or her child; under federal law, child support is usually determined by applying a quantum from a table set out in the federal child support guidlines
spousal support
the provision of support for a spouse in the event of marriage breakdown; support should be granted in specific circumstances depending upon a mix of factors, including the economic consequences of the dissolution of the marriage and the efforts made by each spouse to become economically self-sufficient
grounds for divorce under the divorce act of 1968
- a petitioner still had to rely upon the notion of fault (section 3: grounds of adultery, sodomy, bestiality, rape, bigamy, and physical and mental cruelty) (section 4: imprisonment, drug addiction, failure to consummate the marriage, and living separately and apart)
divorce act of 1985 (general)
- remains in force today
- shortening of the separation from 3 to 1 years
grounds for divorce [1985]
- living apart for one year or more
- spouse has been physically or mentally cruel to you
- spouse committed adultery
adultery [divorce act 1985]
to file for divorce on the grounds of adultery, you must prove that the spouse who committed the adultery had an actual physical, sexual relationship with another individual. This other individual doesnāt have to be identified. If named, the individual that your spouse committed adultery with has to be provided with the application and may choose to respond
mental or physical cruelty [divorce act 1985]
defined as occurring when one spouse inflicts mental or physical cruelty upon the other to the point that they can no longer live together; cruelty can include violence, drunkenness, constant verbal abuse, or excessive drug use; cruelty only has to occur once to be grounds for divorce, but this ground does require evidence; incompatible temperaments or occasional episodes of unkindness do not amount to cruelty, but constant name-calling or other forms of verbal abuse may be considered cruelty.
why might one spouse be required to pay spousal support to the other?
- to compensate a spouse who sacrifices his or her ability to earn income during the marriage
- to compensate a spouse for the ongoing care of children, over and above any child support obligation
- to help a spouse in financial need arising from the breakdown of the marriage
who can ask for spousal support?
in most cases, it is requested by the spouse with the lower income; in each case, a judge must consider several factors to determine if spousal support should be paid, including:
- financial needs of both spouses
- the length of time the spouses have lived together
- the roles of each spouse during their marriage
- the effect of those roles on spousesā finances
- the ongoing responsibilities for care of the children, if any
- any previous financial arrangements
divorce act 1985 gives one guidance on ā¦
childrenās needs given their age and stage of development, this includes:
- their need for stability
- any special needs they may have
- nature of childrenās relationships with each parent
- each parentās willingness to support the childrenās relationship with the other parent
- care arrangement
- childās views
- parentās ability to care for the child and communicate their needs with the other parent
family violence [divorce act 1985]
- prioritizes childās safety
- highlights that family violence against a child or another parent is relevant to childrenās best interests
