Divorce Act — D-3.4 2
Definitions 2 (1) In this Act, age of majority , in respect of a child, means the age of majority as determined by the laws of the province where the child habitually resides, or, if the child habitually resides outside of Canada, eighteen years of age; ( majeur ) appellate court , in respect of an appeal from a court, means the court exercising appellate jurisdiction with respect to that appeal; ( cour d’appel ) applicable guidelines means (a) if both spouses or former spouses are habitually resident in the same province at the time an application is made for a child support order or for a variation order in respect of a child support order or the amount of a child support is to be calculated or recalculated under section 25.01 or 25.1, and that province has been designated by an order made under subsection (5), the laws of the province specified in the order, and (b) in any other case, the Federal Child Support Guidelines; ( lignes directrices applicables ) child of the marriage means a child of two spouses or former spouses who, at the material time, (a) is under the age of majority and who has not withdrawn from their charge, or (b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life; ( enfant à charge ) child support order means an order made under subsection 15.1(1); ( ordonnance alimentaire au profit d’un enfant ) competent authority means, except as otherwise provided, a tribunal or other entity in a country other than Canada, or a subdivision of such a country, that has the authority to make a decision under their law respecting any subject matter that could be dealt with under this Act; ( autorité compétente ) contact order means an order made under subsection 16.5(1); ( ordonnance de contact ) corollary relief proceeding means a proceeding in a court in which either or both former spouses seek a child support order, a spousal support order or a parenting order; ( action en mesures accessoires ) court , in respect of a province, means (a) for the Province of Ontario, the Superior Court of Justice, (a.1) for the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court of the Province, (b) for the Province of Quebec, the Superior Court, (c) for the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court of the Province, (d) for the Province of New Brunswick, Manitoba, Saskatchewan or Alberta, the Court of Queen’s Bench for the Province, and (e) for Yukon or the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice, and includes such other court in the province the judges of which are appointed by the Governor General as is designated by the Lieutenant Governor in Council of the province as a court for the purposes of this Act; ( tribunal ) custody [Repealed, 2019, c. 16, s. 1] custody order [Repealed, 2019, c. 16, s. 1] decision-making responsibility means the responsibility for making significant decisions about a child’s well-being, including in respect of (a) health; (b) education; (c) culture, language, religion and spirituality; and (d) significant extra-curricular activities; ( responsabilités décisionnelles ) divorce proceeding means a proceeding in a court in which either or both spouses seek a divorce alone or together with a child support order, a spousal support order or a parenting order; ( action en divorce ) family dispute resolution process means a process outside of court that is used by parties to a family law dispute to attempt to resolve any matters in dispute, including negotiation, mediation and collaborative law; ( mécanisme de règlement des différends familiaux ) family justice services means public or private services intended to help persons deal with issues arising from separation or divorce; ( services de justice familiale ) family member includes a member of the household of a ch