Government

Ministry of Attorney General

Family Relations Act Consultation Law Links

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Here is a list of links to some of the laws referred to in the discussion papers.

British Columbia

1. Adoption Act, R.S.B.C. 1996, c. 5

2. Child, Family and Community Service Act, R.S.B.C. 1996

3. Court Rules Act, R.S.B.C. 1996, c. 80

4. Court Jurisdiction and Proceedings Transfer Act, S.B.C. 2003

5. Family Relations Act, R.S.B.C. 1996, c. 128

6. Law and Equity Act, R.S.B.C. 1996, c. 253

7. Limitation Act, R.S.B.C. 1996, c. 266

8. Vital Statistics Act, R.S.B.C. 1996, c. 479

9. British Columbia, Rules of Court (Supreme Court), R. 1 & 60E

10. British Columbia, Provincial Court (Family) Rules, R. 5

Rest of Canada

Federal

11. Assisted Human Reproduction Act, S.C. 2004, c.2

12. Canada, Bill C-22, An Act to Amend the Divorce Act, 2nd Sess., 37th Parl., 2003

13. Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11

14. Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3

15. Federal Child Support Guidelines, SOR/97 - 175 as amended to SOR/2005 - 400, effective May 1, 2006.

Alberta

16. Adult Interdependent Relationships Act, S.A. 2002, c. A-4.5

17. Family Law Act, S.A. 2003, c. F-4.5

18. Matrimonial Property Act, R.S.A. 2000, c. M-8

19. Minors' Property Act, S.A. 2004, c. M-18.1

20. Protection Against Family Violence Act, R.S.A. 2000, c. P-27

Manitoba

21. Child Custody Enforcement Act, C.C.S.M. c. C360

22. Domestic Violence and Stalking Act, C.C.S.M. c. D93

23. Family Maintenance Act, C.C.S.M. c. F20

24. Family Property Act, C.C.S.M. c. F25

New Brunswick

25. Family Services Act, R.S.N.B. 1980, c. F-2.2

26. Marital Property Act, R.S.N.B. 1980, c. M-1.1

Newfoundland & Labrador

27. Children's Law Act, R.S.N.L. 1990, c. C-13

28. Family Law Act, R.S.N.L. 1990, c.F-2

29. Family Violence Protection Act, S.N. (2005) c. F-3.1

30. Newfoundland and Labrador, Rules of the Supreme Court, 1986, R. 56A.21

Northwest Territories

31. Children's Law Act, S.N.W.T. 1997, c. 14

32. Family Law Act, S.N.W.T. 1997, c. 18

33. Protection Against Family Violence Act, S.N.W.T. 2003, c. 24

Nova Scotia

34. Domestic Violence Intervention Act, S.N.S. 2001, c. 29

35. Maintenance and Custody Act, R.S.N.S. 1989, c. 160.

36. Matrimonial Property Act, R.S.N.S. 1989, c. 275

37. Vital Statistics Act, R.S.N.S. 1989, c. 494

Nunavut

38. Children's Law Act (Nunavut), S.N.W.T. 1997, c. 14

39. Family Abuse Intervention Act, S.Nu. 2006, c. 18.

40. Family Law Act (Nunavut), S.N.W.T. 1997, c. 18

Ontario

41. Children's Law Reform Act, R.S.O. 1990, c. C-12

42. Courts of Justice Act, R.S.O. 1990, c. C-43

43. Domestic Violence Protection Act, 2000, S.O. 2000, c. 33 (unproclaimed)

44. Family Law Act, R.S.O. 1990, c. F-3

45. General, R.R.O. 1990, Regulation 1094 (1 of 3) enacted under the Vital Statistics Act

46. Limitations Act, 2002, S.O. 2002, c. 24

Prince Edward Island

47. Child Status Act, R.S.P.E.I. 1988, c. c-6

48. Custody Jurisdiction and Enforcement Act, R.S.P.E.I. 1988, c. C-33

49. Family Law Act, R.S.P.E.I. 1988, c. F-2.1

50. Victims of Family Violence Act, R.S.P.E.I. 1988, c. V-3.2.

Quebec

51. Civil Code of Quebec. S.Q. 1991, c. 64

52. Code of Civil Procedure, R.S.Q., c. C-25

Saskatchewan

53. Children's Law Act, 1997, S.S. 1997, c. C-8.2

54. Family Maintenance Act, S.S. 1997, c. F-6.2

55. Family Property Act, S.S. 1997, c. F-6.3

56. Victims of Domestic Violence Act, S.S. 1994, c. V-6.02

Yukon

57. Children's Act, R.S.Y. 2002, c. 31

58. Family Property and Support Act, R.S.Y. 2002, c. 83

59. Family Violence Prevention Act, R.S.Y. 2002, c. 84

Uniform Law Conference of Canada Statutes

60. Uniform Law Conference of Canada, Court Jurisdiction and Proceedings Transfer Act

61. Uniform Law Conference of Canada, Jurisdiction and Choice of Law Rules in Domestic Property Proceedings Act

62. Uniform Law Conference of Canada, Uniform Child Status Act

International

Australia

63. Family Law Act 1975 (Cth.)

64. Family Court of Australia, "The Children's Cases Program," Practice Directive No. 2 of 2004 - repealed

65. Family Court of Australia, "Child-related Proceedings," Practice Directive No. 2 of 2006 - repealed

England

66. Children's Act 1989, Ch. 41

67. Children and Adoption Act 2006, (2006), c. 20

68. England, Family Proceedings Rules 1991, R. 9.2A & 9.5

New Zealand

69. Care of Children Act 2004 (N.Z), 2004/90

70. Family Proceedings Act 1980 (N.Z), 1980/94

71. Family Court of New Zealand, Practice Note, "Counsel for Child, Code of Practice," (March 2007)

72. Family Court of New Zealand, Practice Note, "Lawyer for the Child: Selection, Appointment, and Other Matters," (January 2006)

73.Status of Children Act 1969 (N.Z.) 1969/18, as am. by Status of Children Amendment Act 2004 (N.Z.) 2004/91

Scotland

74. Age of Legal Capacity (Scotland) Act 1991, c. 50

75. Children (Scotland) Act 1995, c. 36

76. Sheriff Court Ordinary Cause Rules 1993, Chapter 33 - Family Actions

77. Sheriff Court Form F-9

United States

Arizona

78. Criminal Code, A.R.S. 13-1305 (Access Interference)

79. Marital and Domestic Relations, A.R.S. 25-403.03, 25-403.05, & 25-414

80. Arizona Rules of Family Law Procedure, Rule 74 (Parenting Co-ordinator)

California

81. Code of Civil Procedure, ss. 638-645.2 (referees), s. 1218 (contempt) & ss. 1285-1287.6 (arbitration awards)

82. Evidence Code, ss. 730-733 (expert evidence), online: Legislative Counsel of California

83. Family Code, ss. 3020, 3040-3048, 3170, online: Legislative Counsel of California

Colorado

84. Uniform Dissolution of Marriage Act, Colorado Statutes, 14-10-128.1 (Appointment of parenting coordinator), 14-10-128.3 (Appointment of decision-maker), 14-10-128.5 (Appointment of arbitrator - de novo hearing of award) & 14-10-129.5 (Disputes concerning parenting time)

Lousiana

85. Louisiana Revised Statutes

~ 9:355.1 (definition)
~ 9:355.12 (factors)
~ 9:355.13 (burden of proof)
~ 9:364 (Child custody; visitation)

Michigan

86. Child Custody Act, Act 91 of 1970

87. Friend of the Court Act, Act 294 of 1982

88. Support and Parenting Time Enforcement Act, Act 295 of 1982

Oregon

89. Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention, O.R.S., 107.106, 107.425, & 107.434.

Utah

90. Utah Code, 30-3-33, "[Parent Time] Advisory Guidelines"; 30-3-35, "Minimum Schedule for Parent-Time for Children 5 to 18 Years of Age"; 30-3-35.5, "Minimum Schedule for Parent-Time for Children Under Five Years of Age"; 30-3-38, "Pilot Program for Expedited Parent-time Enforcement"; & 78-32-12.1 (Compensatory service for violation of parent-time order or failure to pay child support)

Washington

91. Revised Code of Washington, Title 26 (Domestic Relations), 26.09.181, 26.09.184, 26.09.187, 26.09.191, 26.09.194, 26.09.197 & 26.09.210

Federal

92. Model Relocation Act, as adopted by the Board of Governors of the American Academy of Matrimonial Lawyers (March 9, 1997).

International Conventions

92. Convention on the Civil Aspects of International Child Abduction, 25 October 1980, T.I.A.S. 11670, 1343 U.N.T.S.89

93. Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, 19 October 1996, 35 I.L.M. 1391

94. Convention on the Rights of the Child, 20 November 1989, 1577 U.N.T.S