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The Family Law Act (the Act) is a statute passed by the Legislature of Ontario in 1986, [1] regulating the rights of spouses and dependants in regard to property, support, inheritance, prenuptial agreements, separation agreements, and other matters of family law. [2]
In Canada, family law is primarily statute-based. The federal government has exclusive jurisdiction over marriage and divorce under section 91(26) of the Constitution Act, 1867 . The main piece of federal legislation governing the issues arising upon married spouses’ separation and the requirements for divorce is the Divorce Act .
The Ontario Court of Justice is the provincial court of record [6] for the Canadian province of Ontario. The court sits at more than 200 locations across the province and oversees matters relating to family law , criminal law , and provincial offences.
The Family Court succeeds what was known as the Unified Family Court, which began as a pilot project in Hamilton, in 1977. It has complete jurisdiction over all family law matters in its area, including those matters currently within the jurisdiction of judges of the Provincial Division and the General Division. The Family Court is presided ...
The act came into force in 1983, under the Pierre Trudeau government, permitting Canadians to retrieve information from government files, establishing what information could be accessed, mandating timelines for response. [10] Any exceptions to that right of access (i.e. information that is not disclosed) is limited and specific.
Nine provinces and three territories in Canada are common law jurisdictions. One province, Quebec, is governed by civil law. [1] In all provinces and territories, there is an inferior and superior court. [1] For certain matters, jurisdiction lies at first instance with the Federal Court.
Under Ontario law prior to July 2009, the identity of birth parents was not given out to adoptees, nor was the new identity of adoptees available to birth relatives. Either party seeking to make contact may apply to have their name placed on the register.
The Court of Ontario is the formal legal title describing the combination of both Ontario trial courts — the Superior Court of Justice and the Ontario Court of Justice. [ 1 ] As a result of amendments to Ontario's Courts of Justice Act that came into effect in 1999, the Court of Ontario is the continuation of the court previously known as the ...