Divorce Act in Canada

In a complex jurisdictional dispute involving divorce proceedings initiated in both federal and provincial courts, each issuing contradictory spousal support ordersone mandating $500/month and the other $600/monthwhich principle most accurately dictates the enforceable outcome, assuming no further legislative guidance?

A couple, residing in Ontario, separates. Under what specific condition(s) does provincial legislation exclusively govern spousal support, child custody, and property rights, precluding the application of federal divorce law?

In a scenario where a divorce order, referencing both the federal Divorce Act and a provincial Family Relations Act, grants sole custody without specifying the governing law, what legal principle dictates which court has jurisdiction to subsequently modify access rights?

How do recent legislative reforms, exemplified by Bill C-78, affect the consistency and accessibility of parenting and support obligations within the Canadian family law framework?

In a divorce proceeding, if a spouse becomes medically incapable of maintaining the intent to live separately, under what condition does the separation period remain uninterrupted, thus still satisfying the one-year separation requirement?

What evidentiary threshold must an 'innocent spouse' meet to successfully invoke adultery as grounds for marriage breakdown in a Canadian divorce proceeding, particularly when direct evidence is lacking?

A couple briefly reconciles for 60 days, residing together, during their separation period with explicit intentions of mending their marriage. How does this cohabitation period affect the calculation of the one-year separation requirement for a divorce?

In the absence of a divorce, under what legal principle might a common-law spouse in Canada successfully claim property rights akin to those automatically granted in a divorce proceeding?

A divorced couple has conflicting court orders: a federal order granting the father parenting time every other weekend and a provincial order awarding the mother sole decision-making authority regarding the child's education. How should these conflicting orders be legally reconciled?

How does Section 91(26) of the Constitution Act, 1867 interplay with Section 92(13) of the same act in the context of divorce and corollary relief, especially concerning parenting orders and support?

Considering the interplay between s.91(26) and s.92(13) of the Constitution Act, 1867, and the legislative framework of the Divorce Act, which statement most accurately encapsulates the constitutional challenge inherent in the allocation of powers regarding divorce and corollary relief?

Hypothetically, a couple, both non-residents of Canada, were legally married in Canada. They now seek a divorce but reside in a jurisdiction that does not recognize same-sex marriage. Under what specific legal provision and rationale could they potentially obtain a divorce in Canada, and what legal precedent initially addressed this scenario?

Suppose a litigant habitually resides in Country A for eleven months of the year and owns a property in Ontario, spending the remaining weeks there. Considering the precedents set in Okmyansky v Okmyansky and Wang v Lin, under what conditions would an Ontario court likely assert jurisdiction over their divorce proceedings?

Envision that recent amendments to the Divorce Act, particularly those influenced by Bill C-78, are challenged under the Charter of Rights and Freedoms for allegedly infringing upon parental rights due to the enhanced emphasis on the 'best interests of the child'. What is the most probable judicial outcome of such a challenge, considering established legal principles?

In a scenario where a province enacts legislation that directly conflicts with the Divorce Act concerning spousal support entitlement, which legal doctrine would primarily govern the resolution of this conflict, and what would be the likely outcome?

A couple initiates divorce proceedings based on a claim of spousal cruelty before the 1986 Divorce Act. Subsequently, the Act is amended to introduce 'no-fault' divorce. How would the court likely proceed, and on which legislative basis?

Given that the Divorce Act explicitly provides for corollary relief involving parenting orders, how does this intersect with the provincial jurisdiction under s. 92(13) of the Constitution Act, 1867 concerning 'Property and Civil Rights'?

Imagine a same-sex couple marries in Canada but subsequently moves to a country where same-sex marriage is illegal and divorce is unattainable. They return to Canada solely to seek a divorce after being separated for over a year. Could a Canadian court grant them a divorce, and what legal precedent informs this decision?

A divorce application is filed in Alberta. The respondent argues the court lacks jurisdiction because, although they have owned a vacation property in Alberta for 15 years, their primary residence and habitual abode is in France. Referencing Okmyansky v Okmyansky and Wang v Lin, assess whether the Alberta court likely has jurisdiction.

Bill C-78's amendments emphasize family dispute resolution to minimize litigation. What constitutional challenge might arise if a province mandates binding arbitration in all divorce cases involving children, potentially overriding parties' access to courts?