Test 3 - Review Questions 1 for laws 221 PDF

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It contains review questions and answers on family law property, divorce, equalization of net family property...

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LAWS 221 – FAMILY LAW TEST 3 – REVIEW QUESTIONS

1. What are the Family Law Rules and where can you find them? Family law rules are rules that guide family law cases and they can be found on Canlii 2. Explain where a person can find the court forms for family law cases in Ontario and explain how the forms relate to the Family Law Rules. 3. This question has two parts: a. What is the primary objective of the Family Law Rules? Dealing with cases justly b. Give two examples of what this includes. 1, Saving expenses and time 2, Ensuring that procedures are fair to both parties 4. Explain where a case starts under rule 5 of the Family Law Rules. A, can start in the municipality where a party resides B, Municipality where the child habitually resides C, Municipality chosen by both parties with the court’s permission. 5. List and describe the 8 steps of a family law case. A, application: This is how a case starts with a form 8 B, Answer: It is filled by the respondent within 30 days if inside Canada or the U.S and 60 days outside Canada or the U.S. It is filed in a form 10 C, Mandatory information program: must be done no longer than 45 days after the case is started . D, First court date E, Case conference F, settlement conference G, trial management conference F, Trial 6. Sally and Frank have decided to separate after 8 years of marriage. Sally has moved to Barrie and Frank remains in Toronto with their sons, Michael and Marco. Frank has contacted his lawyer and has instructed him to commence an Application for a divorce, decision-making responsibility (custody), and child support. a) Geographically, where will THIS case be commenced? Why? The case will commence in Toronto because this is where the children habitually resides b) Name the court in which the case is to proceed.

Superior Court of Justice (SCJ) c) What track will this case proceed along? Standard Track 7. What is an Answer? How much time does the Respondent have to serve and file the Answer? Explain. An answer is a reply given by the respondent to a application served to him or her. It must be completed within 30 days if the respondent is inside Canada or the U.S and 60 days if outside Canada or U.S 8. Explain what document is completed if there are additional claims made by the Respondent in an Answer. Who completes this document and in what time frame? A form 10A will be filed by the Respondent for additional claim and this is served back to the applicant who must filed it within 10 days 9. Describe what a Mandatory Information Program is and the time period parties have to complete it. What do the parties get upon completion? Mandatory information program is an information program. It is held at the court house. It takes an hour long without children and 2 hours if children are involved. It provides information about separation. It must be completed no longer than 45 days after the case is started. 10. If a party wants to change a final order or agreement, what should they do? What rule is this governed by? A motion must be made under rule 15(1). 11. When should a party bring a motion under rule 14? When such party wants a motion for temporary orders. 12. What is an ex parte motion? Ex parte motion is a motion made by the order party without giving notice to the other party. 13. This question has two parts: a. List the three family law courts and indicate which case management track(s) each court has. Family Court of the Superior court of Justice- Standard or fast track Superior Court- Standard or fast track Ontario Court of Justice- Fast track b. List two differences between the two case management tracks. Fast track only hears matters that are not divorce or property related and a court date is given while standard track hears only divorce and property cases. 14. Under the Family Law Rules:

a. Explain how you count the days between 2 events b. How do you count days if the time period is for 6 days? What is this time period referred to as in the Family Law Rules? 15. Explain what would happen if the last day of a period of time under an order fell on Christmas day. It will not be counted as part of the period 16. Explain what a Continuing Record is. Who prepares the continuing record? 17. This question has three parts: a. What are the two types of service under the Family Law Rules? Special and regular service b. Give 2 examples of each type of service Special service: leaving a copy with the person to be served, leaving a copy with the person’s lawyer Regular service: Email, post box c. What type of service is required for an Application? Special service 18. Victoria Vick is on vacation in Alberta, Canada and is served with an Application for support. (a)

What document(s) are required when responding to this claim? Form 10

(b)

Based on THESE facts – how long does she have to respond? 30 days

(c)

If she was served with the Application on March 30, 2021 then what SPECIFIC DATE must she serve and file the documents in (a) by in order to meet the time deadline. Give a specific date and explain how you arrived at that date April 29th, which is on a Thursday.

How long would Victoria have to respond if she was living in Brazil and the Applicant is in Ontario? 60 days 19. What is a marriage contract? List the two restrictions we discussed in class relating to what is allowed to be included in this type of contract. Marriage contract is an agreement between married parties or parties who intend to marry. It agrees on rights and obligations under marriage, divorce, annulment, and death. Restriction: Terms about decision-making responsibility Terms that limit rights to matrimonial home under FLA (d)

20. What is a cohabitation agreement? What happens to this agreement if the parties subsequently get married? Cohabitation agreement is an agreement between cohabiting parties or parties who intend to cohabit. If the parties subsequently get married, it will be deemed a marriage contract.

21. Your friend Marsha comes to you and says she entered into a separation agreement with her spouse and now she is really worried about the terms of it. She says she cannot remember exactly what she agreed to because they didn’t write anything down. What would you tell her? I will tell her the provisions under separation agreement which are: A, property ownership B, Support obligations C, The right to determine the education and moral training of their children D, The right to decision-making responsibility or parenting time 22. Betty and Vijay are about to start living together. Betty owns property that has an estimated value of $10 million. Vijay owns nothing but has agreed to pay expenses. They have two young children. Betty has been told that it may be a good idea to enter into an agreement with Vijay. What type of domestic contract should Betty and Vijay enter into in this case? Cohabitation agreement 23. What court(s) have jurisdiction to grant a divorce? Family court of the superior court of justice and superior court of justice 24. You friend Mark got married to his partner in Toronto, Ontario several years ago. They were having a lot of problems, so Mark decided to leave and moved back to live with his parents in Calgary, Alberta a year and a half ago. Mark now wants to divorce his partner, and he is wondering whether the laws surrounding divorce are different now that he lives in Alberta. What would you tell him? I will tell him that he can apply for a divorce both in Ontario and in Alberta because he has lived in both places for at least a year. 25. Describe what constitutes “breakdown on the marriage” under the Divorce Act. A, No fault: separate and apart for at least a year B, Fault: adultery and cruelty 26. Describe two ways the Divorce Act promotes reconciliation A, allowing the parties to resolve when they have separated and are apart for a period not more than 90 days B, Duty of the legal adviser and the court to encourage and inform the parties of reconciliation. 27. List and describe the three major bars to divorce under s. 11 of the Divorce Act. Identify which one is an absolute bar to divorce. Collusion: when an agreement or conspiracy to which an applicant for divorce is a party to avert the application of Justice Connivance: It is relevant only for the false ground for divorce. It is when the spouse during a proceeding encourages the other spouse to commit a matrimonial offence so that there are grounds for divorce.

Condonation: It is when a spouse who has knowledge of a matrimonial offence forgives the offence and resumes cohabitation with the guilty spouse. 28. When does a divorce take effect? What document do you need to show to prove you are legally divorced? A divorce takes on the thirty-one (31) day after the day on which the judgement granting the divorce is rendered. A certificate of Divorce is issued to prove the parties are legally divorced....