The battle over their son continues to rage between Brian Austin Green and Vanessa Marcil. Marcil, a citizen of Canada and her former partner, Austin Green, have been fighting over child custody of their son for more than a decade. She has now accused Green and his now wife, Megan Fox, of cutting the 16-year-old out of their lives. She said Austin Green and Fox tried to get sole custody of the boy 12 years ago when she was served legal papers, but today he supposedly isn't allowed to know where his biological father and stepmother, along with his half siblings, live.
Same-sex married couples have the same rights as their heterosexual counterparts and so the same rules apply when they split up. As with heterosexual couples, family law differences are whether couples are legally married or in common law unions. In Alberta, common-law couples are referred to as adult interdependent partners, applicable after the couple has lived together for three years or more or has a child and live together.
When a married couple divorces and assets are divvied up, chances are a former spouse may be eligible to some of the other's pension fund. But what happens under family law in Canada if a couple is divorced and the former spouse dies while collecting some of those pension funds? Can the surviving spouse claim survivor benefits?
Some divorced parents are embroiled in bitter battles over their children. Child custody fights in Canada can be brutal, and some parents will use any tactics possible, including parental alienation, which is sometimes misused when things get as far as a court room. There have been circumstances in abusive instances when alleged abusers will accuse the other parent of trying to turn their children against them.