最近随着传统婚姻定义的修改,许多伦理＆法律问题浮现出来.有爱钻牛角尖的人频频发问,所谓法律专家应接不暇.
The original link:
http://toronto.24hrs.ca/Columnists/OnFamilyLaw/
It never hurts to be civil
On family law
John T. Syrtash
Q: Can two brothers marry as a gay couple or two sisters marry as a lesbian couple in Ontario and then claim tax benefits?
A: Yes. And no, this time it is not April Fool's. The Marriage Act Regulations (Ontario) and the Marriage (Prohibited Degrees) Act (Canada) bar the lawful solemnization of marriage between a brother and sister, by whole or half blood or by court order of adoption.
But these statutes are silent about marriages between two sisters and or between two brothers. Further, I cannot find anything in the Income Tax Act or its regulations. Even if there was such a provision, it would likely be deemed unconstitutional.
Q: I am currently separated and my ex and I have joint custody. If she decided to move out of the city or country, can she do that?
A: She would have to have your written approval or obtain a court order on notice to you. Getting such a court order without your consent is very difficult, although it should be somewhat easier if she had sole custody, according to the Ontario Court of Appeal.
In reality, the trial division courts make decisions on the child's "best interests" on a case-by-case basis, even where the parent leaving has sole custody.
However, if a parent with sole custody loses on the trial level, that parent may consider appealing to the Ontario Court of Appeal because sole custodial parents do very well up there on this issue.
Q: I have a one-year-old child with someone that I no longer have a relationship with, not even a civil relationship. All our communication is done via e-mail. He pays his child support on time, but I want something "legal" in writing from him. Do I have to go to court?
A: You can either obtain a court order and alienate the guy or, you can send him a friendly e-mail -- something like, "Dear dad of your child who I don't even have a civil relationship with anymore. I think it's a good idea for both of us to sign a child support agreement to protect both of us. I attach a draft agreement my lawyer prepared. What do you think?"
It never hurts to be civil. It doesn't necessarily lead to dancing.
John T. Syrtash, B.A. (Hon.) LL.B., has been a family law lawyer for 23 years and is a partner with Beard Winter LLP in Toronto. Visit: www.freemychild.com. His column appears weekly in 24 hours.
Send your questions to: [email protected]
Disclaimer: Neither Mr. Syrtash, BEARD WINTER LLP or SUN MEDIA CORPORATION, is in any way liable for any consequences arising from any reader attempting to rely on this or any other column of Mr. Syrtash for the purposes of legal advice. The reader is strongly advised to seek out the services of competent legal counsel in Ontario for such legal advice for their particular problem. |
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发表于 2005-8-2 23:36:46
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