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Divorce act vs. Family law act

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  • Divorce act vs. Family law act

    Hi to all.

    I do hope some senior members respond to this as their info has greatly helped in the past, and this forum is amazing!

    ok. Family law trial is done. Nobody checked relief for a divorce. (can we say oversight).
    both parties self represented.

    she files for a divorce only and serves me.
    question 1. Is there to be a affadavit served with a divorce application in Ontario?

    Question 2. Looking to making a claim for custody of my 5yr son due to many circumstancial factors. Can this be done under the Divorce Act only, seeing how a Family Law Trial under the Family Law Act has already taken place?

    i look forward to your suggestions.

    j.p.
    passionatedad

  • #2
    Divorce Act trumps family law act. Divorce Act is FEDERAL, Family Law is provincial.

    She has to serve you the Divorce paperwork, which should contain reference to whatever the existing agreement is. In the case of having a final order (which I assume you would given you had a trial) the sections should be filled out with what the final order contains. Make sure they match up.

    The time to make a claim for custody would have been during the trial. You can contest the terms of the divorce paperwork vis a vis custody, but depending on how far back your trial was, you probably won't be successful. (ie. there would have to be SIGNIFICANT mitigating circumstances that came to light AFTER the trial occurred for you to be able to overturn the decision this way)

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    • #3
      Is there anything stopping him from going back to deal with the custody issues at provincial court while dealing with the divorce issues in federal court?

      Comment

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