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Federal and provincial legislation, including the Family Maintenance Enforcement Act (the Act) and the Family Law Act provide the FMEP with authority to enforce maintenance payments. Under the Family Maintenance Enforcement Act, the FMEP is responsible for monitoring and enforcing all maintenance orders and agreements that are filed with the ...
Same-sex marriage became legal in British Columbia on July 8, 2003, after a series of court rulings which ultimately landed in favour of same-sex couples seeking marriage licences. This made British Columbia the second province in Canada after Ontario, as well as the second jurisdiction in North America and the fourth worldwide, to legalise ...
The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards [2] Prenuptial and Postnuptial agreements. Adoption: proceedings to adopt a child and, in some cases, an adult.
Sources of family law. 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 ...
M v H [1999] 2 S.C.R. 3, is a landmark decision of the Supreme Court of Canada on the rights of cohabiting same-sex couples to equal treatment under the law. The court found that the definition of spouse in section 29 of Ontario's Family Law Act, which extended spousal support rights to unmarried cohabiting opposite-sex couples but not same-sex couples, was discriminatory and therefore ...
According to the Preamble, the purpose of the law is "to encourage and strengthen the role of the family; ... to recognize the equal position of spouses as individuals within marriage and to recognize marriage as a form of partnership; ... to provide in law for the orderly and equitable settlement of the affairs of the spouses upon the breakdown of the partnership, and to provide for other ...
Susan B. Boyd is a Canadian feminist legal scholar, the inaugural Chair in Feminist Legal Studies, and founder of the Centre for Feminist Legal Studies, [1] and Professor Emerita at UBC. [2] She conducts research in the fields of feminist legal theory, law and gender, law and sexuality, parenthood law, child custody law and law and social justice.
The Provincial Court of British Columbia (BC Provincial Court) is a trial level court in British Columbia that hears cases in criminal, civil and family matters. The Provincial Court is a creation of statute, and as such its jurisdiction is limited to only those matters over which is permitted by statute. It has no inherent jurisdiction, other ...