Family Law Flashcards

Under the Family Law Act, which asset is excluded from a spouse's net family property?

Answer: Gifts or inheritances received from third parties during the marriage

Section 4(2) of the Family Law Act excludes gifts and inheritances received from third parties during the marriage from the recipient spouse's net family property.

Which Ontario court primarily handles family law matters including uncontested divorces and child protection?

Answer: Ontario Court of Justice

The Ontario Court of Justice handles most Ontario family law matters including child protection, child support, custody, and access (but not divorce or property).

Under section 24 of the Family Law Act, what is the 'matrimonial home' rule regarding possession?

Answer: Either spouse may apply for exclusive possession regardless of ownership

Section 24 allows either spouse to apply for exclusive possession of the matrimonial home regardless of who owns it, and the court considers the best interests of the children.

Under the Divorce Act, what are the three grounds for divorce in Canada?

Answer: Separation for one year, adultery, and physical cruelty

Section 8 of the Divorce Act provides three grounds: separation for one year, adultery, and physical or mental cruelty, but separation is by far the most common.

In Ontario family law, what is a 'Separation Agreement'?

Answer: A domestic contract resolving issues such as property, support, and parenting on separation

A Separation Agreement is a domestic contract under the Family Law Act that separating spouses enter into to resolve financial and parenting matters without going to court.

Under the Ontario Child, Youth and Family Services Act, 2017, when is a child considered 'in need of protection'?

Answer: When the child has suffered or is at risk of suffering physical, sexual, or emotional harm

The CYFSA defines a child in need of protection as one who has suffered, or is at risk of suffering, physical, sexual, or emotional harm, or is in need of medical treatment.