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2020, c.23
- Family Law Act
Detailled Table of Contents
Current to 13 December 2023
Family Law Act
1
DEFINITIONS
1
Definitions
2
COURT PROCEEDINGS
2
Role of Minister of Social Development
3
Admissibility of evidence taken at a previous proceeding
4
Confidential nature of proceedings
5
Duties of parties to proceedings
6
Duties of lawyers
7
Duties of the Court
8
Family dispute resolution
3
SUPPORT OBLIGATIONS
9
Definition of “child”
CHILD SUPPORT
10
Support obligation of parent
11
Child support order
12
Determination of amount of child support
13
Interim child support order
SUPPORT OF DEPENDANT WHO IS NOT A CHILD
14
Support obligations of spouses and common-law partners
15
Support obligation of father
16
Support obligation with respect to a parent
17
Support order for a dependant who is not a child
18
Determination of amount of support for a dependant who is not a child
19
Interim support order for dependant who is not a child
GENERAL SUPPORT MATTERS
20
Priority of child support order
21
Court orders
22
Discharge, variance or suspension of a child support order
23
Discharge, variance or suspension of a support order for a dependant who is not a child
24
Order restraining disposition or wasting of assets
25
Admissibility of evidence of assets and means
26
Joint and several liability of spouses for necessaries
27
Setting aside agreement
28
Effect of action for divorce or termination of marriage
29
Termination of support order
30
Assignment to the Minister of Social Development
31
Certificate as judgment
4
CHILD SUPPORT SERVICE
32
Definitions
33
Child support service
34
Registration
35
Appointing of child support service
36
Mandatory clauses concerning recalculation
37
Waiver
38
Recalculation decision
39
Effect of recalculated amount
40
Corrections
41
Liability
42
Disagreement with recalculated amount
43
Ceasing recalculation
44
Income information
45
Contact information
46
Request for information
47
Disclosure of information
48
Conflict with Right to Information and Protection of Privacy Act
5
PARENTING TIME, DECISION-MAKING RESPONSIBILITY AND CONTACT
49
Definitions
50
Best interests of the child
51
Court may order examination or evaluation
PARENTING ORDERS
52
Parenting orders
53
Parenting time – schedule
54
Allocation of decision-making responsibility
55
Entitlement to information
56
Effect of action for divorce or termination of marriage
CONTACT ORDERS
57
Contact orders
PARENTING PLAN
58
Parenting plan
CHANGE IN PLACE OF RESIDENCE AND RELOCATION
59
Change in place of residence
60
Relocation
61
Relocation authorized
62
Best interests of child – additional factors to be considered
63
Burden of proof
64
Power of Court – interim orders
65
Costs relating to exercise of parenting time
66
Notice – persons with contact
REMOVAL OF CHILD FROM THE PROVINCE
67
Order to prevent removal of child from Province
JURISDICTION OF THE COURT
68
Prerequisites for parenting order or contact order
69
Exception for danger to child
70
Refusal to exercise jurisdiction
71
Special jurisdiction
EXTRA-PROVINCIAL ORDERS
72
Orders of extra-provincial tribunal
73
Order to supersede extra-provincial order – material change
74
Order to supersede extra-provincial order – serious harm
75
Obtaining extra-provincial evidence
76
Request from extra-provincial tribunal
77
Certified copy as evidence
78
Judicial notice
6
GENERAL
79
Agreement filed with Court
80
Order to provide address of proposed respondent
81
Restraining order
82
Appeals
83
Offences and penalties
84
Report, certificate or other document signed by Minister of Social Development as evidence
85
Computation of time under this Act
86
Immunity
87
Administration
88
Regulations
7
TRANSITIONAL AND SAVING PROVISIONS AND CONDITIONAL AMENDMENTS
89
Order deemed a child support order
90
Order deemed a support order for a dependant who is not a child
91
Discharge, variance, suspension of order
92
No change in circumstances
93
Application requesting information
94
Force and effect of certificate as judgement
95
Order deemed to contain clause
96
Force and effect of filed agreement
97
Proceeding commenced before this section comes into force
98
Person deemed to have parenting time and decision-making responsibility
99
Person deemed to have contact order
100
Discharge, variation, suspension of order
101
Notice not required
102
Order to apprehend a child continues in force
103
Order to prevent removing child from Province continues in force
104
Order made under section 130.1 of the Family Services Act continues in force
105
Order of extra-provincial tribunal continues in force
106
Order to supersede extra-provincial order continues in force
107
Order to supersede extra-provincial order continues in force
108
Order to provide address of proposed respondent
109
Restraining order and ancillary terms of custody order continue in force
110
Conditional amendments
8
COMMENCEMENT
111
Commencement