Introduction to family law textbook

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Introduction to family law textbook

Description Table of Contents Preview Canadian Family Law, 8e provides expert insight into a wide variety of legal topics that confront families today, including: ? the formation and annulment of marriage (ch 2); ? domestic contracts (ch 4); ? family violence (ch 5); ? dispute resolution processes (ch 6); ? spousal support (ch 8); ? parenting arrangements (ch 10); ? provincial and territorial legislation (ch 12); and ? matrimonial property rights (ch 13). In each of these areas, the authors bring their readers up to date with notable trial and appellate decisions issued since the publication of the seventh edition of Canadian Family Law in 2017. The citation of relevant judicial decisions in the eighth edition of Canadian Family Law is current to 27 February 2020 but the text incorporates legislative changes to the Divorce Act, RSC 1985, c 3 (2nd Supp) that were enacted by SC 2019, c 16, which received Royal Assent on 21 June 2019. Many of the most important legislative changes were originally scheduled to come into force on 1 July 2020 but COVID-19 led to a Ministerial decision on 5 June 2020 to further defer their commencement date to 1 March 2021. The most fundamental legislative changes replace the loaded terminology of "custody" and "access" orders in favour of "parenting orders" that focus on parenting time and decision-making authority and "contact orders" with respect to third parties. They also establish a detailed non-exhaustive list of criteria to assist courts in determining the "best interests of the child"; call upon prospective litigants and their lawyers to address the feasibility of using out-of-court family dispute resolution services; introduce measures to effectively assist courts in addressing family violence; and create a framework for situations where one parent wishes to relocate a child of the marriage. Chapter 10 of the eighth edition of Canadian Family Law provides a detailed description of these legislative changes relating to parenting disputes and the authors venture their opinion concerning the ongoing impact of judicial rulings under the former statutory regime. Additional changes, primarily of a jurisdictional nature, are also included in the amending legislation. Those jurisdictional changes that are scheduled to come into force on 1 March 2021 are examined in Chapter 7 of the eighth edition of Canadian Family Law. Because Chapter 10 of the eighth edition of Canadian Family Law is confined to discussing legislative changes that will not come into force until 1 March 2021, Irwin Law will provide electronic access to Chapter 10 of the seventh edition of Canadian Family Law, which defines the governing legal criteria until 1 March 2021. Although courts cannot give effect to the aforementioned legislative changes with respect to parenting and contact orders before 1 March 2021, lawyers and mediators who are engaged in assisting divorcing or divorced parties to resolve parenting disputes are not subject to the same rigid constraint and they may look to the amending legislation for insights into the drafting of appropriate settlements. And because the jurisdictional analysis in Chapter 7 of the eighth edition of Canadian Family Law will also be inoperative before 1 March 2021, Irwin Law will provide electronic access to the relevant pages (179?191) in Chapter 7 of the seventh edition of Canadian Family Law, which define the governing jurisdictional criteria until 1 March 2021. Canadian Family Law will be of particular interest to judges, legal practitioners, mediators, arbitrators, and other professionals who require an understanding of the law relating to families. It also provides a unique source of information for law students and their professors as well as members of the public who face domestic crises and the threat of marriage breakdown. The eighth edition of Canadian Family Law is a companion volume to Payne and Payne, Child Support Guidelines in Canada, 2020. Previous editions of both of these texts have been cited in hundreds of judicial decisions across Canada, including the Supreme Court of Canada and appellate courts from coast to coast. Canadian Family Law has also been adopted as required reading in family law courses presented by several colleges and universities across Canada. Preface Acknowledgements Chapter 1: Family Structures and Canadian Family Law Chapter 2: Marriage Chapter 3: Cohabitational Relationships Chapter 4: Domestic Contracts Chapter 5: Family Violence Chapter 6: The Crises of Marriage Breakdown and Processes for Dealing with Them Chapter 7: Divorce: Jurisdiction; Judgments; Foreign Divorces; Grounds for Divorce; Bars Chapter 8: Spousal Support on or after Divorce Chapter 9: Child Support on or after Divorce Chapter 10: Parenting Arrangements after Divorce Chapter 11: Appeals Chapter 12: Remedies Available under Provincial and Territorial Legislation Chapter 13: Matrimonial Property Rights Table of Cases About the Authors Issues surrounding family law in Ontario can be complex, as a case may have components governed by federal jurisdiction, provincial jurisdiction, or both. Family Law: Practice and Procedure, 5th Edition provides a detailed foundation of family law in Ontario in two volumes. Volume I comprehensively covers substantive law and procedure, with a special focus on the practical skills required by law clerks in a family law practice. Volume II contains the relevant statutes and Family Law Rules. Additionally, this edition has been updated to reflect recent changes to the Children's Law Reform Act, the Family Law Act, and the Family Law Rules and forms. Legal professionals working in family law are expected to have a general knowledge of the law, practice, and procedures, and to carry out their tasks in accordance with the law firm's procedures and the individual lawyer's instructions. These two volumes will equip readers with the skills and knowledge they need to accomplish these tasks. Also available: A second volume containing relevant statutes and Family Law Rules, making it a valuable resource to take into open book tests New scenarios Sample forms and exercises for instructors to distribute to students Volume I Part I: Introduction Chapter 1: Overview of a Marriage Breakdown Chapter 2: A Brief History of Family Law in Ontario Part II: The Substantive Law of Marriage and Family Breakdown Chapter 3: Marriage Chapter 4: Dissolution of Marriage by Annulment Chapter 5: Dissolution of Marriage by Divorce Chapter 6: Custody and Access Chapter 7: Spousal Support Chapter 8: Child Support Chapter 9: Property Rights Part III: Procedure in Family Law Matters Chapter 10: The Family Law Rules Chapter 11: Financial Disclosure Chapter 12: Divorce Procedure Chapter 13: Support and Custody Claims: A Fast Track Case and a Motion Chapter 14: Property Claims: A Standard Track Case and Conferences Part IV: Negotiation, Variation, and Enforcement Chapter 15: Negotiation and Domestic Contracts Chapter 16: Variation and Indexing of Orders and Agreements Chapter 17: Enforcement of Orders and Agreements Glossary Index Volume II Child, Youth, and Family Services Act, 2017 Children's Law Reform Act Divorce Act Family Law Act Family Law Rules Family Responsibility and Support Arrears Enforcement Act, 1996 Ontario Child Support Guidelines Formal Requirements of the Continuing Record Under the Family Law Rules Marriage Act Civil Marriage Act Spousal Support Advisory Guidelines ? 1996-2014, , Inc. or its affiliates This book will enable you to gain a greater understanding of the rights and responsibilities of people who are married, divorced, or living together. It could also help you work with others (including your attorney) to resolve disputes and plan for the future. Family law, also known as matrimonial law or the law of domestic relations, often involves a great deal of stress. When people need information on family law, it is usually because they are going through--or considering--significant changes in their lives, such as divorce or separation. Other types of family law, including requirements for getting married and adopting a child, are associated with happier events, but have their share of stresses too. Knowledge of the law does not eliminate all the anxieties that may accompany a legal issue, but it is a step in the right direction. Note: You'll need Adobe's Acrobat Reader to view the .pdfs below; download a free copy here if your computer doesn't have this program. Front Matter, About the Author Foreword Preface Introduction Ch. 1: When and How to Use a Lawyer Ch. 2: How the Legal System Works Ch. 3: Family Law Ch. 4: Buying and Selling a Home Ch. 5: Home Ownership Ch. 6: Adoption Ch. 7: Consumer Credit Ch. 8: Consumer Bankruptcy Ch. 9: Contracts and Consumer Law Ch. 10: Automobiles Ch. 11: Child Support Ch. 12: Forming and Operating a Small Business Ch. 13: Personal Injury Ch. 14: Criminal Justice Ch. 15: The Rights of Older Americans

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