“age of majority” majeur “age of majority”, in respect of a child, means the age of majority as determined by the laws of the province where the child ordinarily resides, or, if the child ordinarily resides outside of Canada, eighteen years of age; “appellate court” cour d’appel “appellate court”, in respect of an appeal from …
Read MoreSpousal support order 15.2 (1) A court of competent jurisdiction may, on application by either or both spouses, make an order requiring a spouse to secure or pay, or to secure and pay, such lump sum or periodic sums, or such lump sum and periodic sums, as the court thinks reasonable for the support of …
Read More15. In sections 15.1 to 16, “spouse” has the meaning assigned by subsection 2(1) (see “spouse” means either of two persons who are married to each other;), and includes a former spouse. R.S., 1985, c. 3 (2nd Supp.), s. 15; 1997, c. 1, s. 2. Divorce Act: Definitions Divorce Act: Jurisdiction Divorce Act: Divorce Divorce …
Read MoreOrder for custody 16. (1) A court of competent jurisdiction may, on application by either or both spouses or by any other person, make an order respecting the custody of or the access to, or the custody of and access to, any or all children of the marriage. Interim order for custody (2) Where an …
Read MorePriority to child support 15.3 (1) Where a court is considering an application for a child support order and an application for a spousal support order, the court shall give priority to child support in determining the applications. Reasons (2) Where, as a result of giving priority to child support, the court is unable to …
Read MoreChild support order 15.1 (1) A court of competent jurisdiction may, on application by either or both spouses, make an order requiring a spouse to pay for the support of any or all children of the marriage. Interim order (2) Where an application is made under subsection (1), the court may, on application by either …
Read More(2) In the definition of “spouse”, a reference to marriage includes a marriage that is actually or potentially polygamous, if it was celebrated in a jurisdiction whose system of law recognizes it as valid. R.S.O. 1990, c. F.3, s. 1 (2).
Read MoreThe “tender years doctrine” in which mothers were favoured in custody cases where young children were involves, has officially been abolished. However, in looking the best interests of the child, courts often place young children with the more nurturing parent, this is often deemed to be the mother. The mother is especially preferred where she …
Read MoreBest interests of the child – In making an order on custody and access, the court will look at what is in the best interest of the child(ren). The conditions, means and needs of the children are all taken into account in making this order. The factors a court will consider are: 1. Love, affection …
Read MoreIf you have to litigate custody, your most important allies in court will be all the people who have observed you interact with your child. These potential witnesses include relatives, teachers, doctors, daycare workers, neighbors and friends. Such witness testimony will be most helpful where the witness has seen your recent activities and interactions with …
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