Learning about Family Law

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Family Law encompasses all regulations that affect family matters, including marriage, civil unions, domestic partnerships, adoption, surrogacy, child protection and adoption. It outlines what constitutes a family unit, legal ties, legal rights and obligations as a parent and spouse, and laws for abuse victims.

There are various agencies in Manitoba that work to support and provide assistance to families and uphold the acts that pertain to Family Law. The Acts enclosed in this law include the Family Maintenance Act, Child and Family Services Act, Adoption Act, Divorce Act, and Family Property Act, among others.

The Family Maintenance Act

This piece of legislation is composed of guidelines and stipulations based on 11 fundamental principles:

  1. The safety, security and well-being of children and their best interests are fundamental responsibilities of society.
  2. The family is the basic unit of society, and its well-being should be supported and preserved.
  3. The family is the basic source of care, nurture and acculturation of children, and parents have the primary responsibility to ensure the well-being of their children.
  4. Families and children have the right to the least interference with their affairs to the extent compatible with the best interests of children and the responsibilities of society.
  5. Children have a right to a continuous family environment in which they can flourish.
  6. Families and children are entitled to be informed of their rights and to participate in the decisions affecting those rights.
  7. Families are entitled to receive preventive and supportive services directed to preserving the family unit.
  8. Families are entitled to services that respect their cultural and linguistic heritage.
  9. Decisions to place children should be based on the best interests of the child and not on the family’s financial status.
  10. Communities have a responsibility to promote the best interests of their children and families and have the right to participate in services to their families and children.
  11. First Nations, the Metis, and the Inuit are entitled to the provision of child and family services in a manner which respects their unique status as Indigenous peoples.

To know more about the act, read the latest version in full here: The Child and Family Services Act.

Marriage in MB

  1. Marriages made outside its jurisdiction, so long as they meet the qualifications of that jurisdiction, are accepted and recognized in the province.
  2. Having more than one spouse is against the law. You can only remarry if you are legally divorced or your spouse has died.
  3. If you are intending to get married soon, read Till death do us part: All about getting married in Manitoba.
  4. Marrying a Canadian citizen just to gain entry into Canada is a crime. It is called marriage fraud. Read Do I become a citizen when I marry a Canadian to know the facts.

Legal separation/Divorce/Annulment

  1. Provincial and territorial laws apply when married/unmarried parents separate and do not pursue divorce. You can go to this link to learn about legal separation.
  2. Divorce mainly severs the ties of marriage while annulment voids the marriage from the beginning. Federal law applies to married spouses who are seeking a divorce. To learn more about Divorce Law in Canada, go to these sites: How to Apply for a Divorce, Divorce and Separation (Department of Justice site), and Family Law in the Manitoba.ca site.

Support Services

  1. For the Sake of the Children is a mandatory program that provides information and education for separated parents to help them get through this difficult period. The program is also available to other interested people, including guardians, grandparents, or other family members. Participants will learn ways to manage and limit conflict, keep children from being caught in the middle, and communicate respectfully and positively as co-parents.
  2. Family Resolution Service provides information and a host of culturally and linguistically appropriate support services that families might need. This includes social, legal, and metal health support and services.

No to family violence

  1. Domestic violence or abuse in all forms is a crime in Manitoba. There are six common types of abuse: physical, sexual, psychological/emotional, financial, and “honour” based violence.
  2. Manitoba has various resources and supports to help people affected by domestic abuse. The province provides shelter, resource centres for information, counselling, and a host of specialized programs to provide support, training and education.
  3. If you are in an abusive relationship (or if you know someone who may be), help is easily available. If you are in immediate danger, call 911.

Child and Family Services

  1. Child and Family Services (CFS) is every parent’s partner in ensuring child safety and security. It is responsible for providing a range of social services and programs that keep children safe and protected, and extends assistance to families affected by family violence and family disruption.
  2. CFS can help you with your concerns about finding child care, emergency food and housing, and even counselling.

Levels of court in MB

  1. There are levels of court that handle family law in Manitoba: the Provincial Court, Family Division; and the Court of Appeal.
  2. Family disputes may be handled through a case management system, resolution by mediation, negotiation through a lawyer, arbitration, or collaborative law. The Court is usually the last resort.
  3. If you need legal help on any matter regarding Family Law, go to the Family Law Manitoba webpage to find resources and links to assistance.

 
Article updated March 19, 2024.

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