Fam Law Mnemonic Flashcards
married a dim wit? be sure they know their ABCs
How can an already established informal marriage be proved?
DIM w/ ABCs (or 3Cs)
4. How can an already established informal marriage be proved?
DIM w/ ABCs (or 3Cs)
Declaration of Informal Marriage
with
Age, Bigamy, Consanguinity
or
no: Child, Currently married, Close blood relation
movies glorify drug use
What makes a marriage voidable/annulment?
AMMC
Junkie Permanently Impotent when FDF
What makes a marriage voidable/annulment?
AMMC
Junkie Permanently Impotent when FDF
Age, Mental incapacity, Marriage less than 72 hours after issuance of license - if brought w/in 30 days, Concealed divorce w/in 30 days of marriage
Alcohol or Narcotics (Junkie), Permanent Impotency, Fraud, Duress, Force - if at the time of the marriage any were present
*note: in all but minor & 72 hour rule, a party cannot annul if they voluntarily cohabitated after the situation was discovered
ACA? F Leaving Canada
What are the grounds for a fault based divorce (6 grounds)?
A
Cut
A1+
F1 (at least)
LA3 (at least)
CMH3 (at least)
What are the grounds for a fault based divorce (6 grounds)?
A
Cut
A1+
F1 (at least)
LA3 (at least)
CMH3 (at least)
Adultery, Cruel Treatment, Abandonment for more than 1 year, conviction of a felony (at least 1 year imprisonment), living apart for at least 3 years, confinement in mental hospital for at least 3 years
*note: the only defense is a denial of grounds
BIC is First, Primo, Elemental
What is the primary consideration in child custody determination?
BIC + F P E
What is the primary consideration in child custody determination?
BIC + F P E
Best interest of the child.
Courts also take into account:
1) Frequent contact with parents who act in the child’s best interest; 2) Provide a safe, stable, non-violent home environment
3) Encourage parents to share the rights and duties of parenthood.
PANDA BEDS minus A
What are the Holley Factors?
PAND BEDS (panda beds minus a for available assistance)
What are the Holley Factors?
PAND BEDS (panda beds minus a for available assistance)
When determining what is in the best interest of the child –
(1) the desires of the children; (2) the emotional and physical needs of the children, both now and in the future; (3) the emotional and physical danger to the children, both now and in the future; (4) the parental abilities of each individual seeking custody; (5) the plans for the children; (6) the stability of the home; (7) the acts or omissions of the parents which may indicate that the existing parent-child relationship is not a proper one; and (8) any excuse for those acts or omissions
* *note: B is Bad behavior = Acts or Omissions*
A RV for JR
When can a TPO can evict spouse from family home (Kick-Out Order)?
A
R30
V30
JR
When can a TPO can evict spouse from family home (Kick-Out Order)?
A
R30
V30
JR
(i) applicant appears in person files a sworn affidavit;
(ii) applicant must have resided on the premises within the past 30 days;
(iii) excluded person committed family violence agasint a member of the household within the past 30 days; and
(iv) applicant at least jointly owned or leases the residence.
a MAV loves time travel + R and R
What is the presumption of paternity in context of marriage?
B.C. 300
MAV
2 R & R
What is the presumption of paternity in context of marriage?
B.C. 300
MAV
2 R & R
A man is presumed to be the father of a child if:
1) the child is born (or conceived) during the marriage or w/in 300 days after the marriage is terminated; or
2) the man married the child’s mother after the child’s birth, & he voluntarily asserted his paternity by filing a record w/the bureau of vital statistics, agreed to be named on the child’s birth certificate, or promising in a record to support child as his own;
3) During the first 2 yrs of child’s life, he resided with the child & represented to others the child was his.
who thinks he’s too fabulous to be a parent
What grounds are sufficient for an involuntary termination of the PC relationship?
C FAAB NIC
