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A central registry of divorce proceedings has been kept in Canada since July 2, 1968. If there is another divorce application involving the same two spouses, the Registry lets the courts know. Courts must complete an application form and send it to the Registry for each divorce application received.
Cases which have divorce or property claims are brought exclusively in the Superior Court, and child protection and adoption cases must be commenced solely in the Ontario Court of Justice. Each of these two courts has jurisdiction over child and spousal support, as well as custody and access claims.
It was not until 1930, when Parliament passed the Divorce Act (Ontario), that the courts of Ontario were given jurisdiction to grant divorces and annulments. The law granting divorce under this law was according to the law of England as it stood at July 15, 1870 (and thus on the same footing as the prairie provinces and the territories). [20]
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.
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On September 13, 2004, a lesbian couple known as "M.M." and "J.H." (the initials of their respective lawyers) in Ontario were granted Canada's first same-sex divorce. Their initial divorce application had been denied based on the fact that the federal Divorce Act (French: Loi sur le divorce) defined spouse as "either of a man or a woman who are ...
This bill makes the presumption that joint physical custody be awarded in cases where joint legal custody is awarded, it defines joint physical custody as "equal time-sharing," and sets the burden required to overcome the presumption as a preponderance of the evidence. It would also remove language from the law stating that there would not be a ...
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