4 Important Things To Understand About Family Law in Canada

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Family law in Canada is the body of law that deals with marriage, domestic partnerships, and divorce. If you are in the process of divorcing your spouse or breaking up with your partner, you should be aware of the basics of this legal system. 

In Canada, there are many things to keep in mind when it comes to the subject matter of family law.

This means that there are some significant variations in the ways that family law is administered across the country. 

For example, while small claims courts in Alberta and Manitoba allow individuals to deal with certain family-related issues through mediation instead of litigation, other provinces have not yet adopted this approach. 

Additionally, regardless of where you live in Canada, it is important to be aware of your legal rights as a family member and understand how to navigate the complex process of family law proceedings. 

<strong>4 Important Things To Understand About Family Law in Canada</strong>

Ultimately, whether you are dealing with a divorce or going through an adoption process for your child, having a thorough understanding of Canadian family law will help you navigate any challenges you might encounter along the way.

  1. Child support is a right of the child

In family law in Canada, child support is an important right for children. The federal Divorce Act was recently amended to prioritize the interests of the child. Other provinces are moving in the same direction. 

For example, the Ontario government has proposed legislation to make child support simpler and more accessible through an online service.

In Canada, child support payments are calculated by using a set of guidelines. The guidelines are designed to help the children benefit from both parents’ financial resources and not suffer financially due to the divorce. 

However, there are no legal provisions that allow a custodial parent to decide not to pay child support.

  1. Legal separation is a misnomer in Canada

The term “legal separation” in family law in Canada refers to the fact that a married couple has decided to live apart. 

Although they may still live in the same home, they do not have the same rights as married couples. A legal separation does not end a marriage, but it can lead to a divorce.

There are several ways to resolve a divorce or separation. The first option is to enter into a separation agreement. 

This can be done on your own, or with the assistance of a lawyer. Either way, it is important to discuss the terms of the separation agreement with a lawyer before you sign it. Getting legal advice will reduce the risk of your separation agreement being set aside. It can also save you money and time.

  1. Spousal support Advisory Guidelines aren’t a law

In Canada, spousal support Advisory Guidelines are used to determine what spousal support is due in divorce. These guidelines are not set in stone, but they are considered a good check in court. 

They are based on the amount of income available to both parties and the length of the relationship and with the consultation of a divorce lawyer.

Spousal support Advisory Guidelines were published by the Department of Justice Canada in March 2010. They set out a range of spousal support based on a wide definition of support. They aren’t binding on the parties, and the Department of Justice has stated it does not intend to make them into law.

  1. Maximum parenting time is a legal right of the child

In Canada, maximum parenting time is a legal right for a child under family law. This means that each parent is entitled to a certain amount of time with the child, which may be shared by both parents. 

<strong>4 Important Things To Understand About Family Law in Canada</strong>

While this may seem like an insurmountable obstacle for some parents, the process is not impossible. In fact, the law allows both parents to be involved in the decision-making process, which can help the child.

The Government of Canada has published several guidelines for determining maximum parenting time. One such guide is Article 647 of the Civil Code of Canada, which states that parents are entitled to equal rights and duties. It also stipulates that the courts must make decisions in the child’s best interests.