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How many courts have JURISDICTION over family law, and what are they?
THREE

1) Family Court of the Superior Court of Justice

2) Superior Court Justice

3) Ontario Court of Justice
Which three acts are relevant family law legislation?
1) Divorce Act

2) Family Law Act

3) Children's Law Reform Act
What is the mandate of the Divorce Act?
Deals with the dissolution of marriage, custody, and support.
What is the mandate of the Family Law Act?
Deals with the division of property and support.
What is the mandate of the Children's Law Reform Act?
Deals with custody of children.
What legal issues must a separating couple resolve?
divorce, child & spousal support, custody & access, equalization of property, trust claims, matrimonial home possession, adoption, & child protection
As part of the most recent set of Ontario court reforms, which of the courts was created as a single family court at the superior court level across the province?
Family Court of the Superior Court of Justice.
In the counties where the Family Court of the Superior Court of Justice has been set up and established, it has jurisdiction over all family matters

True or False
True. At time of printing, 18 of 49 counties have one set up. Handles all matters (divorce, child & spousal support, custody & access, equalization of property, trust claims, matrimonial home possession, adoption, & child protection)
How do the majority of separating couples resolve the issues between them?
Usually would negotiate a separation agreement to determine all the issues around separation (except that of actual divorce).
What are the sources of Family Law in Ontario?
The jurisdiction over Family Law is split up between federal & provincial jurisdictions.

Federal: Divorce  
Provincial: Division of property  
Either, depending on if divorce involved: Custody, Child support, Spousal support
Why are some family laws dealt with under federal law, some under provincial, and some can be dealt with under either in certain circumstances?
Divorce has to be dealt with by federal jurisdiction, so if Custody, Child support, Spousal support are being negotiated AND divorce is involved, federal rules apply. If it is merely a separation without a divorce, then provincial rules apply.
What family law issue(s) are dealt with under federal jurisdiction only?
Divorce.

Divorce falls under federal jurisdiction.
What family law issue(s) are dealt with under provincial jurisdiction only?
Separation of property.

Not directly tied to marriage or divorce. No people involved.
What family law issue(s) are dealt with under provincial or federal jurisdiction, and why?
Support (spousal and/or child)
Custody of children

While marriage intact (separation) then provincial, but once a divorce involved then becomes federal.
What is the federal family law statute? What issues does it deal with?
Divorce Act - federal
How many provincial family law statutes are there, and what are they?
two

Children's Law Reform Act - provincial
Family law Act - provincial
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