Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

JI knowledge > FLA and DA basics > Flashcards

FLA and DA basics Flashcards

1
Q

Applies to only married couples

A

Divorce Act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Applies to common law relationships

A

FLA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

90 day reconciliation

A

amount of time allowed for people seeking divorce to have reconciled ; if goes beyond 90 days the clock starts over

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Grounds for divorce

A

adultery, mental cruelty, separated for 1 year

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

PC Family Law matters

A

guardianship, parenting arrangements, contact, child and spousal support, protection and conduct orders

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Assets and debts, pension and property

A

issues dealt by SC, out of scope for FJC assistance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

FMEA

A

Family Maintenance Enforcement ACT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

FMEP

A

Family Maintenance Enforcement Program

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

ISO

A

Interjurisdictional Support Orders Act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Hague Convention

A

reciprocity btwn countries respecting parenting orders when there has been an abduction of children

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

A process used by parties to a family law dispute to attempt to resolve one or more of the disputed issues outside of court

A

What is Dispute resolution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Adjudicative Processes

A

litigation, or arbitration in which a judge, jury or arbitrator determines the outcome

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Consensual Processes

A

mediation and negotiation, in which parties attempt to reach agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Advantages of consensual dispute resolution

A

parties have a constructive way to address emotions, improve communication, parents maintain ability to make final decisions on parenting arrangements, lessens cost for families, reduces costs to court system, shifts focus from “winning” to “problem solving

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

3rd party impartial facilitator

A

mediator or FJC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Family Violence Screening question 1

A

do you feel there is an escalating/immediate risk of violence or harassment in your family?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Family Violence Screening question 2

A

As a result of the other person’s behavior, have you ever felt fearful, scared or concerned about your physical and emotional safety or that of your children?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Dispute resolution professions

A

FJC’s, parenting coordinators, lawyers, private mediator’s, arbitrator

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

BIOC

A

best interests of the child, the BIOC are the only consideration upon which agreements or orders are reached

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is the law on how much notice is needed before moving out of province when you have a contact order?

A

at least 60 days, notice of relocation form 16

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Does living together for two years and supporting a family mean someone might have to pay child support if they leave?

A

see definition of a parent under FLA ; the law says that parents have to look after their children financially, even if one parent doesn’t see or take care of the child; under FLA a step parent can be required to contribute to child support if the step parent contributed to the support of the child for at least one year and a claim for child support is made against the step parent within one year of their last support of the child, can get complicated https://dialalaw.peopleslawschool.ca/child-support/

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Some advantages of accessing PC

A

No filing fees, forms are simplified, less formal process, more accessible across BC compared to supreme courts often in large urban centers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Supreme court has jurisdiction over

A

divorce act proceedings, adoptions, division of family property, changing province and supreme court orders, appeals from the provincial family court

24
Q

Family Justice registry requirements

A

PAS, meeting with an FJC see part 6 of PCFR

25
Q

Family Management Conference

A

are informal meetings with a judge or a family justice manager who assists with trial readiness, promotes early dispute resolution, and who can make certain interim and final orders, division 4 PCFR for more detail; different than a “trial” or a hearing

26
Q

3 options to document parenting arrangements

A

Written Agreement, Order by consent, Court Order

27
Q

Written Agreement

A

a legally binding document that is made between the parties (s.6 of FLA )

28
Q

Order by Consent

A

(S.219 FLA) a consent order is an order made by the court, many of the details of a written agreement also apply to a consent order

29
Q

Court Order

A

if parties are unable to come to an agreement on their parenting matters, they can ask that the court, after hearing evidence, makes a decision. Decisions made by the court are court orders, they are legally binding once pronounced even if the order is not immediately put into written form

30
Q

How many paths to parentage?

A

7

31
Q

Section 146 of the FLA (Part 7)

A

Defines a step-parent as a parent for the purposes of child support. That does not mean the step parent becomes a legal parent, but they are considered a parent for the purposes of child support

32
Q

Married or
Have lived together for 2 years or more (continuous period) or
Have lived together for less than 2 years and have had a child together; AND
The spouse is applying for support within 2 years of the separation, divorce or declaration of
marriage being null

A

definition of spouse FLA

33
Q

Married or
Have lived together for 2 years or more (continuous period); AND
The spouse is applying for property and pension division within 2 years of the separation, divorce
or declaration of marriage being null

A

Definition of spouse for property and pension division

34
Q

Married or
Have lived together for 2 years or more (continuous period) or
Have lived together for less than 2 years and have had a child together; AND
Has lived with the child during the child’s life and contributed to the child’s care for at least one
year; AND
The application for child support is being made within 1 year after the step-parent last contributed
to the support of the child; AND
The step-parent is separated from the parent

A

definition of step-parent (including the definition of spouse)

35
Q

Section 37 (2) FLA

A

BIOC

36
Q

(a) the child’s health and emotional well-being;
(b) the child’s views, unless it would be inappropriate to consider them;
(c) the nature and strength of the relationships between the child and significant persons in the
child’s life;
(d) the history of the child’s care;
(e) the child’s need for stability, given the child’s age and stage of development;
(f) the ability of each person who is a guardian or seeks guardianship of the child, or who has
or seeks parental responsibilities, parenting time or contact with the child, to exercise his or her
responsibilities;
(g) the impact of any family violence on the child’s safety, security or well-being, whether the
family violence is directed toward the child or another family member;
(h) whether the actions of a person responsible for family violence indicate that the person may
be impaired in his or her ability to care for the child and meet the child’s needs;
(i) the appropriateness of an arrangement that would require the child’s guardians to cooperate
on issues affecting the child, including whether requiring cooperation would increase any risks
to the safety, security or well-being of the child or other family members;
(j) any civil or criminal proceeding relevant to the child’s safety, security or well-being.

A

What are BIOC in FLA

37
Q

Age for children in Mediation

A

age 8

38
Q

Parents are generally this

A

Guardians, s. 39 FLA, there are exceptions

39
Q

Testamentary Guardian

A

guardianship in case of death, FLA secion 53

40
Q

When a guardian is facing terminal illness or permanent mental incapacity, what can they do?

A

appoint a standby guardian s 55 FLA

41
Q

Parenting arrangements: Key components

A

Parental responsibilities and parenting time

42
Q

Examples of Parental responsibilities

A

s 41 FLA, making day to day decisions affecting the child, where child will reside, who child will associate, requesting/receiving health info, education info, etc

43
Q

In contrast to the time a child spends with their guardian, this is called what when it’s with other important adults

A

contact s 42

44
Q

The distribution of parenting time impacts the calculation of what

A

child support

45
Q

3 categories that cover compliance respecting parenting time

A

Denial of parenting time or contact, when denial is not wrongful, failure to exercise parenting time or contact

46
Q

Split parenting time

A

When there are two or more children of the marriage and at least one child lives with each parent the majority of their time

47
Q

majority parenting time

A

when the child(ren) spend the majority of their time with one parent

48
Q

shared parenting time

A

when the child or children have equal or almost equal time with each of their parents it is called

49
Q

percent that is often used to refer to shared parenting time

A

40% (where neither parent has less than 40% of time)

50
Q

How is child support payment determined?

A

Using the CS guidelines as well as province or territory where paying parent lives, paying parent’s annual income, number of children who are eligible for support, living arrangements of the children

51
Q

Two methods of child support payments

A

Lump sun or periodic (FJC do not deal with lump sum…)

52
Q

How far back can CSO or FJC backdate a child support order?

A

1 year

53
Q

under s. 7 or CSG these are added expenses that a person can pay on top of “regular” child support

A

special or extraordinary expenses

54
Q

What qualifies as a special or extraordinary expense?

A

the portion or medical/dental insurance premiums attributed to a child, extraordinary expenses for primary or secondary education, extraordinary expenses for extracurricular activities

55
Q

Child support is intended to pay for what basic needs?

A

Food, shelter, clothing

56
Q

Prior to May 1 1997

A

monies received for child support had to be declined by the recipient as income for tax purposes and could be claimed as a deduction for the payor. Now all orders or agreements since that date are no longer taxable as income to the recpient or tax deductible to the payor

57
Q

As per the FLA, a person may apply for spousal support whether they are

A

married or have lived together for at
least two years. If they have dependent children, it is not necessary that their relationship was at least two
years long. Spousal support can be included in an agreement between the parties or can be determined by
the court, if they are not able to come to an agreement.

JI knowledge (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions