Relationship Law Section

1
By: Bailey
Section 1 The Law On
Relationships
Section 1 The Law and Relationship Lesson 1 The Changing Family
Structure
Relationships have changed a lot in years a traditional family has a
mom dad and their kids. Over the years that has changed In a 2007
landmark judgment in A.A .v B.B., the Ontario Court of Appeal
recognized Canadas first three- parent family . The court ruled that kids
are allowed 2 dads and a mom 2 moms and a dad.

Various relationships redefine todays Canadian Family

-Common law and same sex partners - Two income families with or without children

- Blended families with at least one stepchild

- Extended families with parents children grandparents ect that are sharing the same house and finances
This picture I picked for this slide is about same sex partners. Because it
talked a lot about same sex couples. And how there are so many now
its more common nowadays than back then
Lesson 2 The roles / responsibilities of the federal and provincial government with
respect to family law

The Provincial and territorial government have jurisdiction over the solemnization of marriage, the formal
requirement of the marriage ceremony . The Municipal or Local Government are responsible for
presenting marriage license. The provinces have the power to pass laws about property and civil rights
- for example, laws governing property division and support payments if a marriage breaks up. Federal,
provincial, and territorial statutes are the primary sources for Canadian family law. The Constitution Act,
1867, divided the power of making marriage laws between the federal and the provincial governments.

I chose this picture because in the end it all comes down to the law.

The Law is the official yes or no to you getting married.

Lesson 3 Common Law Relationships

In a common law relationship two people live together but are not
legally married. No amount of time can turn a common law relationship
into a legal marriage. In a common law relationship a divorce is not
necessary to end a common law relationship because the couple was
never legally married . Common Law relationships as being similar to
marriage in all provinces and territories. If a couple lives together
without the benefit of a legal marriage they may have some rights
under the law. A cohabitation agreement is a legally binding contract
between common law partners who are cohabitation ( living together )
or plan on living together. It is the common law equivalent of marriage
contract. This agreement may be useful to couples and are not legally
married and who want a process for dividing their property on
separation or death
Common Law Pictures
I chose this picture because it represents

Common law on the left there not technically married but are still
married by common law and on the right it shows a couple legally
married
Lesson 4 Adult Independence Relationship Act
In Alberta Common Law is no longer used. The law regarding common
law relationships is adult independant partner

An adult independent partner is someone

- Living in a relationship of interdependence for at least 3 years.

- They have lived in a relationship of some permanence have a child

of the relationship by birth or adoption

- Share each other's lives

- Are emotionally committed to each other

- And function as an economic and domestic unit ( continued on next page )

Lesson 4
You can also become an adult interdependent partner by entering into a
written adult interdependent partner agreement. If you are an adult
independent partner you have the right to spousal support and various
estate rights.

This picture they live together as a Adult Independence

Relationship (common law)

Lesson 5 Marriage
There are 5 essential requirements in Canada to marry
Mental Capacity: A person who lacks mental capacity because of illness, drugs, or alcohol cannot legally marry.

Genuine Consent: Persons getting married must consent to it freely.

Minimum Age: Both parties must be old enough in Canada. In Alberta the minimum age is 16 with consent.

Close relationships: You cannot marry someone closely related to you. Two people who are too closely related by blood
relationship or adoption cannot legally marry.

Unmarried Status: Both parties must be unmarried at the time of their marriage.
 I chose this picture

Because you both have

To consent freely

I picked this picture because there is a minimum age to get married

This is a family tree you can not marry anyone

You are related to

Lesson 6 Separation
A couple decides to not live together as husband and wife anymore they live
separate or apart . Married couples do not need legal documents when
separating. A man and women can be separated but still live under the same roof.
Married couples do not need legal documents when separating.Many negotiate
written separation agreements which outline each spouses position on issues as
child custody visitation rights, spousal and child support, ownership and division of
property and debts and whether or not the family home is sold.
Picture for separation
I chose this picture for separation because it represents separation

because it shows 2 pieces of paper separating.

Lesson 7 Divorce
Divorce is the process that legally ends a marriage. The process begins with an application for divorce. It outlines the grounds
for the divorce and other essential information such as:

where and when the marriage occurred;

the ground(s) for divorce;

the children's names and ages (if there are any children from the marriage);

custody of and access to the children;

financial support for the children, and who is responsible for payment;

financial support for the applicant, if it is needed;

division of property and property claims.

Divorce actions are heard in provincial and territorial superior courts. About 90 percent of cases are uncontested,
Picture for divorce
I chose this picture because when people get divorced this is a lot of
there thoughts.
Lesson 8 Spousal Support After Divorce
Support rights and responsibilities do differ from province to province
but the principal is somewhat the same there is two main elements
the needs of the spouse requiring support; and

the ability of the other spouse to pay.

The federal Divorce Act and provincial and territorial laws guide judges in determining if support should be awarded
and if so, how much. The following outlines the key factors judges consider when determining support:

1. Assets and income of each spouse, including present and future earning ability.

2. Ability of each spouse to be self-supporting.

3. Ability of each spouse to provide support to the other spouse, if necessary.

4. Age and physical and mental health of each spouse.

5. Length of time the spouses were married or lived together.

I thought this was a good picture because its showing one spouse
paying the other spousal support.
Section 2 The Law And Best
interest of the Child
Lesson 9 Guardianship and Adoption
In an adoption the relationship between the biological parent and the
child is legally terminated. The biological parent is no longer needed to
provide financial support to the child and they have no rights or
responsibilities with the child. A guardian is a person or peoples who
have legal authorities over the child. A parent is also considered to be a
guardian. But there are also different types of guardianship as in if the
parents die then the kids would go to their guardian it could be a family
member or a close family friend.
Lesson 9
Under Alberta's Family Law Act, a guardian has these responsibilities:

To support the child using the guardian(s) own money;

To make sure the child has all the necessary things of life including medical care, food, clothing and housing;

To help the child grow - physically, psychologically, and emotionally, and to guide the child towards becoming an
independent adult.
Lesson 9
This picture I chose for adoption because it shows 2

people with different colour of skin but they are family.

One child could be adopte.

Lesson 10 Child Abuse or Neglect
There are 4 main Neglect or Abuses children face .Child Neglect
,Physical Abuse ,Sexual Abuse And Emotional Abuse. Emotional Abuse
is one of the hardest abuses to identify and prove. And if you feel a
child is being abused or neglected here are some places you should call.
Children's Aid Society;

Provincial Child Welfare Agency;

Social Workers;

Police;

Crown Prosecutors.
Lesson 10
When parents split the judge decides where the child or children would
be best. And this is somethings they look for.
1. The child's needs (mental, emotional and physical health).

2. The stability of the home environment - in other words, is the home a safe, positive environment for the child?

3. The belief that keeping siblings together as often as possible is a good thing.

4. The parent-child relationships; do the parent and child bond (connect on an emotional level) with one another?

5. The child's culture and religion.

6. The parenting abilities of each parent and each parent's plan for the child's care.

7. Parental conduct - for example; is there any alcohol abuse or drug abuse by either of the parents? Is either parent
abusive toward the children?

8. The support available from relatives, grandparents, neighbours, and friends.

9. The child's wishes, depending on age and maturity.

Lesson 10 picture
I chose this picture because lots of kids dont say anything when they're
getting abused or hurt because they get threatened by whoever is
doing the abusing not to say anything.
Lesson 11 Child support
The appropriate level of child support depends on the following factors:

The non-custodial parent's total income - usually, it is the non-custodial parent who pays all, or most, of the child support to the custodial parent.

The number of children to be supported.

The appropriate provincial child support guidelines. These guidelines were established by the federal government in 1997, and the guidelines may
differ from province to province. For example - In Ontario, according to the guidelines, a resident with an annual income of $50,000 who has one
child would pay $462 a month in child support. In another province, the dollar amount may differ; it depends on the province.

A parent must support the child till him or her is 18

if a child between 16 and the provincial age of majority leaves home and withdraws from parental control, the obligation to pay child support
ends.

(For example: If a 17 year old who lives in Alberta leaves home, the obligation to pay child support ends, because he/she is
between 16 years of age and Alberta's age of majority, which is 18.
Lesson 11 Picture
I thought this picture was a good one for child support because the one
parent pays the other parent which supports the child.
Section 3 Laws Related to Wills
and Estates
Lesson 12 Understanding Wills
Here are some key terms that you need to understand:

Will: A legal document which specifies how a person's assets are to be distributed after his or her death

Testament: Also known as a Will

Testator: The person who has made the Will.

Beneficiary: One of the individuals named in the Will who will receive a part of the Testator's estate.

Legacy: A piece of property left to a beneficiary

Executor: A person named in the Will by the testator who is responsible for carrying out the deceased's wishes

If you die without a Will it is considered intestate This means

your Provincial Government decides how estates get divided out
and not you.
Lesson 12
Ever if you are single, with no children, there are two main areas of estate planning with which you need to concern yourself. The
first is a standard will that gives instructions for how your assets are to be handled and distributed after your death. Basically,
your will should cover these areas:

What people or organizations will inherit your property.

Who will manage the property you leave to your minor children.

Who will serve as executor the person who will carry out the wishes in your will.
(https://moodle.adlc.ca/mod/page/view.php?id=8849024)
Lesson 12 Picture
This is a Will when you die this is what you give to the family so they
know what t give to who
Lesson 13 Types of Wills in Canada
In Canada there are 3 basic types of Wills.

Formal Will , Notarial Will and Holographic Will

Alberta ,Saskatchewan, Manitoba ,Ontario, Quebec New Brunswick ,and

Newfoundland allow the Holographic Will. This Will is prepared totally in
your handwriting and signed by you and you do not need a witness.

This is a Holographic will its handwritten and

Signed by the writer.

Lesson 14 Personal Directives
A personal directive is a document that allows people to states in
advance what medical care they want and decisions on there made
regarding their accommodations. Such as activities and other personal
needs. Personal Directives are more commonly known in Living Wills.

This is the document you would write on and give to

people to let them know that this is what you want

Lesson 15 Power of Attorney
Is a document giving another person right to act on your behalf to look after you
financial affairs. Thats if you lose your mental Capacity to make those financial
decisions and other decisional like health care etc.

This picture shows a man sitting at womans bed side

and if she loses her Mental capacity he will be able to

make the decisions