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What is the primary consideration in family law cases involving children?
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The children's best interests are the primary consideration.
Why are family law proceedings described as not punitive?
They are not focused on punishing the party at fault but aim at establishing functional post-separation arrangements.
What does the family law process in Ontario require regarding court forms?
The same forms, available on the Ontario Court Forms website, are used for both the Superior Court and Ontario Court of Justice.
What is emphasized over past faults in family law settlements?
Setting up functional future arrangements instead of focusing on past faults is emphasized.
What is a common misconception about factors like adultery in family law cases?
Personal grievances like adultery typically do not influence legal outcomes in family law cases.
How does the nature of family law proceedings differ from general civil lawsuits?
Family law is not penalty-focused and deals with issues from the breakdown of intimate relationships, emphasizing fair outcomes and the best interests of children.
What terminology do family law practitioners prefer when referring to legal actions?
Family law practitioners prefer 'family law proceeding' or 'family court case' rather than 'lawsuit'.
Name three statutes applicable to family law cases in Ontario, Canada.
Child Support Guidelines, Family Law Act, and Children's Law Reform Act.
How are resources such as guides and websites utilized in family law proceedings?
Resources such as the Ministry of the Attorney General's guides and the 'Steps to Justice' website provide interactive tools and information to help understand the family court process.
Which websites are recommended for navigating the family court process in Ontario?
Steps to Justice and the Ministry of the Attorney General's website provide valuable resources.
Outline the nature of family law in comparison to criminal and general civil law.
Family law is a subset of civil law, dealing with family incidences like breakups, not focused on penalties unlike criminal law.
In what context is the Divorce Act applicable in Ontario family law?
The Divorce Act is applicable in cases involving married couples.
Why might someone consult a lawyer despite using general guides and resources?
Because these sources provide general knowledge and do not constitute legal advice; a lawyer should be consulted for specific cases.
How do Ontario family law courts view the role of blame in relationship breakdowns?
Courts avoid assigning blame or penalties; the focus is on functional future arrangements.
Explain the role of the Family Law Rules in Ontario.
They are mandatory rules governing the court process, including specific practice directions that vary by region.
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