Quote:
Originally Posted by troutman
Why should courts be involved with divorce?
When there are children of the marriage:
http://en.wikipedia.org/wiki/Parens_patriae
The protection of the best interests of any child the first and single most important concern of the courts.
Pursuant to the Federal Divorce Act, the Court has various duties to discharge:
http://www.canlii.org/en/ca/laws/sta...-2nd-supp.html
- To establish if there is a breakdown of the marriage
- To establish if the spouses are separate and apart
- To establish if there is any possibility of reconciliation
- To establish that there has been no collusion in relation to the application
- To establish if reasonable arrangements have been made for the children of the marriage
- The Court may make a spousal support order
Division of Matrimonial Property is provincial jurisdiction. |
Not a single one of those makes sense which is my issue.
Obviously the protection and safety of a child is the most important thing, and it should be more important to the parents of that child than the courts. What does the courts jumping into the divorce do, to protect the best interest of a child, when the majority of the time, if left in the courts hands, one parent get the short end of the stick in custody, which directly effects the child, and the relationship with that parent.
Why do the courts decide if there is a breakdown of my marriage? I've decided that, hence the divorce.
Why do the courts care if we are separate or apart? If it's to avoid tax fraud, they have Revenue Canada to handle that.
Reconciliation??? are the courts marriage counselors now too? If I wanted to reconcile, I wouldn't be applying for a divorce..