Family Law Dictionary

Family Law Dictionary
C'mon in ... feel good and cozy with our outstanding world's best dictionary of all terms family law.

Spousal Support Advisory Guidelines - To Caesar What is Caesar's

Spousal Support Advisory Guidelines - To Caesar What is Caesar's
The Spousal Support Advisory Guidelines have significantly impacted the calculation of spousal support in Canadian family law courts.

1960, Divorce Blockade

1960, Divorce Blockade
Difficult divorce: Mrs. Jacqueline Mazurette, to be "Ms" at a price.

A Look at Divorce Law in Canada

A Look at Divorce Law in Canada
It may take a few minutes and a couple hundred bucks for two people to get married, but untying it in the wake of a permanent separation is a long, painful and expensive exercise. There's a reason they call it wedlock!

Abortion Law in Canada

Abortion Law in Canada
Abortion is not a crime in Canada. But it is an area of the law where, beyond that simple fact, the waters are very murky.

Adoption Law in Canada

Adoption Law in Canada

To adopt or not to adopt ... is never the question for those wonderful people who seek to take care of another's child. This article takes a bird's eye view of the law of adoption in Canada.

Adult Child Support "Dad: Send Money"

Adult Child Support "Dad: Send Money"

When is a child no longer a child? For how long must a separated Dad or Mom pay child support for their adult child, especially when the "child" is into his or her twenties and has a part-time job?

Adultery

Adultery occurs when a married person has sex with a person other than his or her spouse. It is a ground for divorce.

Affidavits: The How To Guide

Affidavits: The How To Guide
Affidavits, aka sworn statement or written depositions, are the more frequent type of evidence used by our courts. But preparing affidavits is an art, not a science. Proceed with caution (and read this article).

An Uncivil Action - Making A Claim for Family Law Relief in Court

An Uncivil Action - Making A Claim for Family Law Relief in Court
When it comes to family law - divorce, custody, support - starting and then pursuing relief from a Court in Canada follows a generally well-trodden path, but the pit-stops are different in each jurisdiction. We follow one sample family law litigation paper-trail, from claim to judgment.

Arrears: Child and Spousal Support - The Must Know Cases

You're running off to Court on a spousal or child support arrears case and ... and ... and ... damn! This is no time for idle chatter! Quick! A computer search ... greatest hits ... case law ... arrears ... presto!

Hague Convention on International Child Abduction

Child Abduction: The International Hague Convention

The Hague Convention on International Child Abduction may be one of the most important international treaties, with its far-reaching arms, allowing the prompt return of children wrongfully abducted to another country.

The Twenty-Three Commandments of Child Custody Under the Canadian Divorce Act

Child Custody Under the Canadian  Divorce Act: The Twenty-Three Commandments
Hear ye! Hear ye! Under the authority of years of legal training, I hereby and herein share with all Canadians the Twenty-Three Commandments of Child Custody.

Child Protection Law in Canada

Child Protection Law in Canada
The worst thing that can happen is to lose a child. At the same time, there are no mandatory parenting skill courses required to getting pregnant. Inevitably, therefore, with some parents, the safety of a child is at risk and the government has to step in and wrest of the child from the bosom of its prents. This article looks at that area of family law, child protection.

Child Protection: Getting The Records

Child Protection: Getting The Records
Getting the government's records in a child protection case is vital not only to a parent-complainant but especially to a parent who is victim to an over-zealous or even vexatious complainant.

Child Support and Disability Benefits: Paid by Peter and Tom?

Child Support and Disability Benefits: Paid by Peter and Tom?
Disability benefits throw a wrench into child support payments, often with an unfair result to the Payor. Here's the law.

Child-Support And Employment Change

Child Support and Employment Change
Imputing income in a child support case requires the best of "Solomon" from our judges as the application pits the interests of one family member, a child support payor, against that of another, often a child.

Child Support Law In Canada

Every parent has a duty to support their child to their age of majority or, if still in school, to a further extent. Simple rule ... but where that goes in each case is often unknown until judgment is pronounced.

Cohabitation: The Law Of Living Together in Canada

Cohabitation: The Law Of Living Together in Canada
Cohabitation between two persons in a loving relationship, likely intimate, stirs the interest of the law as it resembles marriage ... but not quite!

Corrective Force: Spanking Takes A Spanking

Corrective Force: Spanking Takes A Spanking
The law as to the use of corrective force or corporal punishment by parents or educators is in a state of flux; under heavy bombardment by some, while reluctantly defended by others.

Custody & Guardianship Under British Columbia's Family Relations Act

Danger, warning, refers to old, now repealed family law, online FYI only.

Custody and Access Assessment: The Hired Hand

Custody and Access Assessment: The Hired Hand
In many child custody and access cases before the Court, lawyers, litigants, judges and children are usually assisted – or not – by a custody and access assessment done but by a third-party professional. This article explains the process and tells you what to look out for.

Death and Support: The Grim Weaper Payeth Not

Death and Support: The Grim Weaper Payeth Not
What happens to an obligation to pay child or spousal support (alimony) when the person paying (payor) dies?

Family Dispute Resolution: Several Options

When a profoundly settled unit such as the family, comprised of adults once completely committed to each other, and the fruit of that commitment, children, explodes into an irreconcilable dispute, the fallout is devastating. The lives of each participant is forever changed. This, in the best of times. Add litigation and the mixture turns toxic. This article reviews options other than litigation that are available to separating spouses.

Family Mediation: The Ultimate Guide

Family mediation has all the promise of sustaining what can be sustained under difficult circumstances, a family legacy in the aftermath of separation between spouses, especially where children are concerned. But don't "go there" without reading this.

Family Violence - Legal Remedies

Family Violence - Legal Remedies
The term "family violence" appears, at first glance, to be the ultimate oxymoron. And yet is a horrible reality of family law: fathers, mothers, children and relatives strike, hit, assault and abuse each other. It is not commonplace but when it rears its ugly head, the fallout is toxic to the body and soul. The law acts quickly like a fire station and may douse the flames but cannot rebuild the home.

Financial Statement: The Meat and Potatoes of Family Law

Financial statements are essential elements in the resolution of family law and divorce disputes, as they are the most important evidence in resolving spousal or child support and matrimionial property rights. And with everything else in the law, there's a right way and a wrong to do things.

Guardianship Under British Columbia's Family Law Act

The law on guardianship (and custody under a different name ... and parental rights ... etc.) under the British Columbia Family Law Act, plain language and informative.

Holding Abusive Spouses Accountable In Support Cases

Holding Abusive Spouses Accountable In Support Cases
Spouses who abuse their wives (or husbands) and who leave her with permanent mental health issues are held accountable in subsequent spousal support claims.

Important Canadian Family Law Cases

Family law has nothing on America's intelligentsia talkshow host, Jerry Springer. Family law law books were the first to expose the intimate and sometimes funny personal details of litigants to the public, but - and no offence, Jerry - all in the name of advancing the law. This is ... drum roll please .. Canada's Greatest Hits of Family Law Cases.

Imputing Income in Support Cases

Imputing Income in Support Cases
The law - essential and plain language legal information - behind imputing or attributing income in child and spousal support cases.

Marriage Annulment

Marriage Annulment
Why get a divorce if you can get a marriage annulment ... and ... why get a marriage annulment if you can get a divorce!

About Marriage in Canada

Marriage is a contract between two persons to live tigether as a family. That's where the simple information ends and the legalese takes over ....

Matrimonial Property: Fairness Adjustments to The Equal Division

Matrimonial Property - Fairness Adjustments to The Equal Division

An rigid and cold slice of a knife equally through all matrimonial property can be unfair in some cases. In Canada, the statutes allow the Courts to tweak such a result, or to reapportion in some share other than 50 - 50.

Matrimonial Property Guidelines - British Columbia

What belongs to Jane and what belongs to John - post-separation - doesn't get any easier on the shores of the Pacific Ocean.

Canadian Matrimonial Property Law - A Primer

Canada. Land of snow, hockey Ontario and Victoria, BC! But also where, as elsewhere, those hard-to-shake contracts - called "marriages" - occasionally fall apart and husband and wife must be disentangled. This articles gives you new perspective on this timeless problem.

Outrageous, Funny or Sad Family Law Cases: It's All a Matter of Perspective

Outrageous, Funny or Sad Family Law Cases: It's All a Matter of Perspective
A selection of outrageous, funny and sad family law cases. These are real live law report cases, all duly documented. We couldn't make this stuff up: it's too good!

Parens Patriae: The Wildcard of a Court's Inherent Jurisdiction Over Children

Parens Patriae: The Wildcard of a Court's Inherent Jurisdiction Over Children
A plain-language explanation of the scope of parens patriae in family law matters.

Parental Support: The Obligation to Support a Parent in Canada

Parental Support: The Obligation to Support a Parent in Canada
Egad! Here we go folks; that controversial topic of parental support; much written about but rarely argued and even more rarely ordered. But, since it’s in the law books...

Pre-Nuptial Agreements - Just In Case

With a high divorce rate, and older betrotheds, pre-nuptial agreements, or marriage agreements, are no longer distasteful. Historically, it wasn't cool for young lovers to even countenance irreconciable differences, let alone divorce. But today, unless you have a perfect match, a pre-nup is a great insurance policy.

Presumption of Death From Absence

Presumption of Death From Absence ... or Missing Person Law

Absence makes the heart grow fonder ... and the law crazy! Rudderless property and rights create slow but certain havoc, a confusing state of affairs that the law remedies.

Retroactive Child Support

Retroactive Child Support
The plain language, legal information primer on child support procrastination and their victims.

Shared Custody: The Legal Primer

Shared Custody: The Legal Primer
Shared custody means that the child lives more or less equally in the homes of both separated parents. But it's more than just the "right thing to do"; shared custody can have significant consequences.

Special or Extraordinary Expenses: The Legal Primer

Special or Extraordinary Expenses: The Legal Primer
Learn the insides and outs of this essential concept of Canadian child support: the hotly contested issue of proposed special or extraordinary expenses.

Spousal Support Accountability of Abusive Spouses

Spousal Support Accountability of Abusive Spouses
Judges do hold abusive spousal accountable for their actions when determining spousal support.

Spousal Support and the Under-employed Payor

Spousal support claimants seem to be hung out to dry by the absence of clear judicial authority to impute income on a propective payor-spouse who is intentionally under-employed, or unemployed. Is there a way around this madness?

Spousal Support Under British Columbia's Family Relations Act

If you live in BC and are not married, you may be entitled to spousal support upon separation from your spouse under provincial family law legislation. Pitfalls abound such as minimal periods of cohabitation requirements, short deadlines in which to apply, and complex entitlement criteria.

Spousal Support Under Canada's Divorce Act

Spousal Support Under Canada's Divorce Act
Spousal support in plain language.

Stay of Enforcement of Child or Spousal Support

It's not always easy to corral a child or spousal support payor. They can be slippery especially when the more determined of them realize that even if they do have a child support order against them which they don't want to pay, with the family maintenance agency breathing heavily on their neck, they can always go for the hail Mary pass to the end zone: an application to stay enforcement.

Tax and Family Law Issues

If you’ve ever dropped some oil into a glass of water, you’ll have an idea how compatible income tax and family law are. But get along they must as both are the children of the federal government and somewhere, in some Ottawa committee meeting, they’ve managed to come up with a wild myriad of rules to deal with overlap.
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