Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law 12 > Chapter 13 > Flashcards

Chapter 13 Flashcards

1
Q

Children and Family Law

A
  • Deals with custody and access to children, support obligations of parents, abuse, etc.
  • Can also involve grandparents and step-parents
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Custody

A
  • who the child will live with
  • court must decide what’s in the best interest of child (home environment, parent-child relationships, health of parent, support options/relatives, schedules, siblings, child’s wishes…above 14: seriously considered)
  • custody typically awarded to primary caregiver
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Tender Years Principle

A
  • most women get custody of their child because they’re the primary caregivers of children between 6-7 years old
  • doesn’t work anymore as gender roles are changing
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Joint Physical Custody

A

child spends equal amount of time with each parent (lives with both)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Joint Legal Custody

A

Children live with one parent, but have unlimited visitation with other parent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Reasonable Access

A

Flexible & regular visitation rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Specified Access

A

Visitation at specific times only

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Supervised Access

A

Specified visitation times, but with a supervisor as well (ie. relative, social worker) to ensure child’s safety

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Level of child support deemed by…

A
  • non-custodial parent’s income
  • number of children to be supported
  • provincial guidelines for support
  • *if non-custodial parents’ living conditions are lowered, they can ask court to reduce payments**
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Property Division

A

Family Relations Act sets out how matrimonial property will be divided in BC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Family Assets

A

Property owned by one or both spouses used for family purposes (ie. home, cars, money in joint bank account, pension plans, RRSP’s, etc.)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Non-family Assets

A
  • Business assets
  • aren’t divided equally
  • ie. business owned exclusively by 1 partner
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Family Assets divided equally unless…

A
  1. marriage very short
  2. assets purchased just before separation
  3. it’s a gift or inheritance
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Spousal Support Obligations

A
  1. often very short-term
  2. only if there’s economic hardship
  3. goal is self-sufficency
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Common Law Relationships

A
  • if you live together for over 2 years, it’s now legally the same as being married
  • after 2 years, a partner has the right to spousal support and child support
  • old rules: no automatic rights to division of property…generally belongs to whoever paid for it
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Conditions of Marriage

A
  • legally binding contract*
  • each person expected to contribute equally
  • each person has right to live in matrimonial home
  • in divorce, both have a right to portion of home & other assets - alimony & child support may be necessary
  • surviving spouse has legal right to property
17
Q

Essential Requirements of Valid Marriage

A
  1. mental capacity
  2. no prior marriage (bigamy)
  3. genuine consent (no mistake/duress)
  4. minimum age (19 w/o parental consent in BC, 16 with it)
  5. sexual capacity (consummation, otherwise can be annulled)
  6. not closely related (through affinity/marriage or contingency/blood)
  7. 1 male & 1 female (until 2004)
18
Q

Formal Requirements of Marriage

A
  1. marriage licence
  2. performing ceremony (minister, priest, rabbi, justice of peace) + 2 witnesses
  3. age
  4. blood tests (not in BC)
19
Q

Annulment

A

court order stating marriage never happened

20
Q

Separation

A
  • intermediate step between marriage and divorce

- couple lives “seperate & apart”…is possible to do this in same house

21
Q

Divorce

A
  • process begins with petition for divorce
  • petitioner: seeking divorce
  • respondent: being issued divorce
22
Q

Grounds for divorce

A
  • the Divorce Act of 1985’s only condition was marital breakdown
  • separated for 1 year
  • adultery
  • physical or mental cruelty
23
Q

Uncontested divorce

A

No issues disputed… 90% of divorces happen this way

24
Q

Exector

A

person named in the will that handles the affairs of the deceased

25
Q

Letters Probate

A
  • court must grant this to executor

- document declaring will to be valid and that persons handling affairs are indeed the exectors

26
Q

Interpreting the Will

A
  • if there is any confusion over the will, the executor can apply to have court interpret it
  • aim is to determine true intention of testator (deceased person)
27
Q

Rights of Beneficiaries

A
  • first thing: pay any debts
  • executor must try to distribute as many assets to beneficiaries as possible
  • if anything to be sold, executor’s duty is to get best possible price
  • will must be interpreted in reasonable manner
28
Q

Beneficiaries

A

those named in the will who are to receive something

29
Q

Contesting the will

A
  • if a person was named in an earlier will but not in current one, they can challenge its validity
  • can challenge on loss of mental competence, undue influence, etc. (evidence may be called in from deceased doctor or lawyer)
30
Q

Dying without a will

A
  • court appoints administrator (only 1, usually next of kin)
  • all assets distributed according to legislation
  • if no next of kin, public trustee will take care of case
31
Q

Letters of Administration

A
  • similar to letters of probate, but used when there’s no will
  • applications of restate administration won’t be heard until 14 days after deceased’s death (problem: no-one has authority to pay for funeral from assets of estate… usually 1 beneficiary pays and is later reimbursed)
32
Q

Division of assets - married but no kids

A

spouse gets everything

33
Q

Division of assets - spouse and kids

A

spouse gets half, kids share rest

34
Q

Division of assets - kids but no spouse

A

kids share equally

35
Q

Division of assets - kids dead but grandchildren alive

A

grandchildren take their parent’s share

36
Q

Division of assets - all children dead

A

grandchildren share equally

37
Q

Division of assets - no spouse, kids, grandkids

A

divided equally between all next of kin (parents, brothers/sisters, nephews/nieces, grandparents, aunts/uncles)

38
Q

Division of assets - no relatives

A

goes to provincial government

Law 12 (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions