Law And Politics Of The Family

Front 1

Judges are appointed by the Provincial Government to which Court:

Back 1

Ontario Court of Justice.

Front 2

Parties can resolve their family law disputes by using:

Back 2

Litigation and/or mediation

Front 3

The provincial statute which deals with custody/access issues is:

Back 3

Children's Law Reform Act

Front 4

A custodial parent has a right to:

Back 4

Make decisions about the child(ren)

Front 5

The key issue for a judge in a custody dispute is:

Back 5

The best interests for the child(ren)

Front 6

In a court proceeding, the following aids the judge in deciding the custody issue:

Back 6

A psychological assessment.

Front 7

One (or more) general "rule of thumb" in custody cases is:

Back 7

1. Siblings should not be separated.

2. The wishes of the children should always be considered.

3. Children are kept off of the witness stand.

4. Very young children should stay with mother.

5. Judges can and do interview children alone in their chambers (frowned upon).

Front 8

Joint custody involves:

Back 8

Both parents have decision-making power for the child(ren). Not necessarily equal time spent with each parent.

Front 9

The following are all relevant considerations under section 24 of the children's Law Reform Act in a custody dispute:

Back 9

1. any person can apply for custody of a child.

2. the child has lived exclusively with one parent for a year.

3. One parent has a plan to have the child be cared for by his parents while he works during the week.

4. the sixteen year old daughter indicates she wants to live with her mother.

Front 10

Custody decisions of a court:

Back 10

Can be reviewed if a material change in circumstances occurs.

Front 11

Child support, after May 1, 1997 is:

Back 11

1. Not tax deductible.

2. Objective and based upon hard and fast guidelines.

3. Consistent among judges in the same province to some degree

(NOT determined after review of a child expense budget??)

Front 12

If a new order or agreement for child support is made now, varying an old order or agreement, the new child support amount is:

Back 12

Based upon each parent's financial obligation to the children being treated independently.

Front 13

Which statement is false?

a) The Child Support Guidelines are designed to encourage litigation.

b) Special expenses are part of the Child Support Guidelines.

c) A spouse who acts in loco parentis may have to pay child support.

d) Income tax considerations apply to child support orders or agreements made prior to May 1, 1997.

e) Undue hardship may apply if one parent has unusually high expenses in relation to access.

Back 13

A) The Child Support Guidelines are (NOT) designed to encourage litigation.

Front 14

Split custody means:

Back 14

Each parent has one or more child(ren) in his or her care.

Front 15

To determine ordinary guideline child support you usually:

Back 15

Ascertain the payor's annual income AND look at the 3 year income pattern of the payor if it fluctuates from year to year.

Front 16

The three considerations for spousal support are:

Back 16

Entitlement

Quantum

Duration

Front 17

A spouse, for spousal support purposes, may be:

Back 17

A same-sex partner, or two persons who are not married to each other and have cohabited continually for a period of not less than three years.

Front 18

The limitation period for bringing a property equalization claim is:

Back 18

2 years after divorce (not separation) OR

6 years after separation under the Family Law Act OR

6 months after first spouse's death.

Front 19

A spousal support claim can be brought in:

Back 19

The Ontario Court of Justice,

the Superior Court of Justice, and

the Family Court of the Superior Court of Justice.

Front 20

Conduct, in a divorce case:

Back 20

Has relevance if it was so unconscionable as to constitute an obvious and gross repudiation of the relationship.

Front 21

A type or types of orders that can be made in a spousal support case is or are:

Back 21

1. time-limited

2. periodic

3. temporary (interim) or interim

4. final

5. lump sum

6. Indexed

Front 22

A divorce proceeding is:

Back 22

Governed by the divorce act.

Front 23

The Central Divorce Registry in Ottawa:

Back 23

Determines whether an earlier application for divorce has been issued.

Front 24

The one ground for divorce can be established by:

Back 24

a) adultery, and b) mental cruelty.

Front 25

To establish that "adultery" has occurred in a divorce context, the party who has committed adultery must:

Back 25

can formally admit it, but only if he or she chooses.

Front 26

A person who is asked in a court proceeding if they have committed adultery:

Back 26

Can refuse to answer under the Evidence Act.

Front 27

A divorce cannot proceed if:

Back 27

Reasonable arrangements have not been made for the support of the children.

Front 28

A divorce proceeding in Canada (in the different provinces) might be commenced by:

Back 28

An application OR

a statement of claim.

Front 29

A divorce may not be granted if:

Back 29

There has been a condonation (forgiveness) of a matrimonial "offence".

Front 30

The formal proof of a divorce is:

Back 30

Certificate of Divorce (Divorce judgement given)

(was none of the above in given questions)

Front 31

Condonation can be described as:

Back 31

Forgiveness of a matrimonial offence. (like adultery)

Front 32

To obtain a divorce judgement an applicant must establish in evidence:

Back 32

There is no possibility of reconciliation

Marriage breakdown and basis for it (i.e. separation, adultery, etc.)

Front 33

An equalization payment:

Back 33

Adjusts the difference between the net family property of each spouse.

Front 34

The extended definition of "spouse" in Part Three of the Family Law Act:

Back 34

Applies to spousal support ONLY.

Front 35

To calculate a spouse's net family property, you consider:

Back 35

1. Property a spouse owns on the date of separations

2. A spouse's debts and other liabilities on the date of separation

3. All excluded property

4. The net value of property owned on the date of marriage

Front 36

"Property" owned by a spouse on valuation day may include:

Back 36

A vehicle

Front 37

A matrimonial home:

Back 37

Can be a cottage or a camp.

Front 38

The provincial statute which deals with support issues is:

Back 38

Family Law Act.

Front 39

One form of alternative dispute resolution is:

Back 39

Mediation

Front 40

An access parent has the right to:

Back 40

Spend time with a child.

AND

Receive information about a child's health, education, and general welfare.

Front 41

Another key issue for a judge in a custody dispute is:

Back 41

What a mature child of 15 years of age may want.

Front 42

In a court proceeding, the following aids the judge in deciding the custody issue:

Back 42

A psychological assessment.

Front 43

Temporary or Interim Custody decisions of a court:

Back 43

Last until a final settlement or Final Order is made.

Front 44

Are the Child Support guidelines designed to encourage litigation?

Back 44

No. (encourage settlement)

Front 45

Special expenses are part of the:

Back 45

Child Support Guidelines.

Front 46

A spouse who has to acts in loco parentis (Latin for "in the place of a parent") may have to:

Back 46

Pay child support.

Front 47

What can apply if one parent has unusually high expenses in relation to access:

Back 47

Undue hardship.

Front 48

A child support claim can be brought in:

Back 48

the Superior Court of Justice AND the Ontario Court of Justice.

Front 49

The leading case in spousal support matters:

Back 49

Moge

Front 50

Conduct, in a divorce case is relevant to:

Back 50

Establish marriage breakdown (adultery, cruelty, etc.)

Front 51

A divorce proceeding is:

Back 51

Governed by the Divorce Act.

Front 52

To establish that "adultery" has occurred in a divorce context, the party who has committed adultery it is:

Back 52

NOT required to admit under the Evidence Act.

Front 53

A person who is asked in a court proceeding if they have committed cruelty:

Back 53

MUST answer.

Front 54

When a Court grants a divorce it gives:

Back 54

the divorce judgement.

Front 55

A divorce may not be granted if:

Back 55

There has been a connivance involved (setting up spouse for or willingly approving an affair/adultery).

Front 56

To calculate a spouse's net family property, you consider:

Back 56

Property a spouse owns on the date of separation.

Front 57

An equalization payment:

Back 57

Is ordered under the Family Law Act in Ontario

Front 58

The extended definition of "spouse" in Part Three of the Family Law Act:

Back 58

Can include "common law" spouses.

AND

Applies to spousal supprt only

Front 59

"Property" owned by a spouse on valuation day may not include:

Back 59

1. Property that a spouse inherits after separation.

2. Lottery winning obtained after separation.

3. A professional licence.

4. A professional degree.

Front 60

The federal statute that deals with support issues is the:

Back 60

Divorce Act

Front 61

The following people have a right to claim access to a child:

Back 61

1. The child's grandmother

2. The child's mother

3. The child's stepfather

4. A friend of the child's family that has a close relationship with the child

Front 62

Child support guidelines are designed to encourage:

Back 62

Settlement.

Front 63

Special expenses are part of the __________ guidelines.

Back 63

Child Support Guidelines.

Front 64

The Child Support Guidelines do or do not have any relevance in a divorce proceeding?

Back 64

They do.

Front 65

Judges are appointed by the Federal Government to which Court:

Back 65

Superior Court of Justice

Front 66

In spousal support matters, financial disclosure is required--usually in the form of a:

Back 66

sworn Financial Statement.

Front 67

What are special expenses (examples):

Back 67

Extra expenses such as activities or hobbies the child is pursuing. e.g. premium health/dental care benefits, child care expenses, educational expenses.

Front 68

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