Chapter 7: Family Law and Adoption - Emond Montgomery

Law and Legislation for Social Service Workers, Third Edition CHAPTER 7 Family Law and Adoption Copyright © 2022 Emond Montgomery Publications. All rights reserved.  Law and Legislation for Social Service Workers, Third...

Law and Legislation for Social Service Workers, Third Edition CHAPTER 7 Family Law and Adoption Copyright © 2022 Emond Montgomery Publications. All rights reserved.  Law and Legislation for Social Service Workers, Third Edition 2 Family Law Issues Divorce law. Family property law. Family support law. Parenting order law. Family law issues are not only resolved by courts: Mediation is frequently used to resolve issues. Copyright © 2022 Emond Montgomery Publications. All rights reserved.  Law and Legislation for Social Service Workers, Third Edition 3 Family Legislation When a married couple separate and want the marriage to be legally dissolved, the ensuing divorce is governed by the federal Divorce Act. When an unmarried, cohabitating (”common law”) couple separate, however, the legal consequences of the separation are governed by provincial and territorial family law statutes. Copyright © 2022 Emond Montgomery Publications. All rights reserved.  Law and Legislation for Social Service Workers, Third Edition 4 Divorce Divorce Act governs the dissolution of formal marriages in Canada. Marriage breakdown is the only ground for divorce in Canada Can be proven using evidence of any of the following: One year’s separation; Adultery; or Cruelty. Divorce is granted on a “no-fault” basis: The court is generally not interested in the conduct of the parties. Copyright © 2022 Emond Montgomery Publications. All rights reserved.  Law and Legislation for Social Service Workers, Third Edition 5 Same-Sex Marriage July 2005: federal parliament clarified the law by enacting legislation that makes it legal for same-sex couples to marry anywhere in Canada. Same-sex married couples can also obtain a divorce under the Divorce Act. Copyright © 2022 Emond Montgomery Publications. All rights reserved.  Law and Legislation for Social Service Workers, Third Edition 6 Distribution of Family Property upon Separation Legislation in place in every province and territory to govern the division of net family property: In Ontario, the Family Law Act establishes rules for the calculation and division of family property; and Allows couple’s property to be divided equitably between them upon separation. The equalization payment equals one-half of the difference between the net family property of each spouse. Copyright © 2022 Emond Montgomery Publications. All rights reserved.  Law and Legislation for Social Service Workers, Third Edition 7 Matrimonial Home Property that the spouses ordinarily occupied as their family residence at the time of separation. Depending on the circumstances: One party may be temporarily granted the exclusive right to live in the matrimonial home (exclusive possession); One party may buy out the other; or The home may be sold and the proceeds divided equally. Copyright © 2022 Emond Montgomery Publications. All rights reserved.  Law and Legislation for Social Service Workers, Third Edition 8 Parenting Orders: Parental Time and Parental Decision-Making The amendments to the Divorce Act eliminate the terms “custody” and “access” and replace these terms with “parental time” and “parental decision-making.” The Children’s Law Reform Act in Ontario is currently part of consultations between Ontario legislators with their federal counterparts. Copyright © 2022 Emond Montgomery Publications. All rights reserved.  Law and Legislation for Social Service Workers, Third Edition 9 Spousal Support A spouse who was economically dependent during the marriage or common law relationship may be able to claim spousal support. Spousal support is separate and distinct from child support. Both the Divorce Act and the Family Law Act provide for child support orders. Copyright © 2022 Emond Montgomery Publications. All rights reserved.  Law and Legislation for Social Service Workers, Third Edition 10 Child Support Under the Divorce Act, both parents are required to contribute to the support of a “child of the marriage.” Child support is paid by one parent to the other and is an issue separate from parenting time. Child support is the right of the child, and a parent can be ordered to pay it even if that parent has not been given legal parenting time to the child or if parenting time has been given and later suspended. Copyright © 2022 Emond Montgomery Publications. All rights reserved.  Law and Legislation for Social Service Workers, Third Edition 11 Domestic Contracts Three kinds of domestic contracts: 1. Marriage Contracts; 2. Cohabitation Agreements; and 3. Separation Agreements. Copyright © 2022 Emond Montgomery Publications. All rights reserved.  Law and Legislation for Social Service Workers, Third Edition 12 Types of Adoptions There are five types of adoptions: 1. Public; 2. Private; 3. International; 4. Adoption of a stepchild; and 5. Kinship adoption. A homestudy is the assessment of a family or individual who is considering an adoption: Mandatory; conducted by children’s aid societies and private adoption practitioners. Copyright © 2022 Emond Montgomery Publications. All rights reserved.