Can I have sex with my boyfriend or girlfriend?

No matter how old you or the other person is, it is illegal to have any sexual activity with someone if they do not agree to that activity. Any kind of sexual activity with someone without their consent is a crime.

It is illegal to have sex with someone under the age of 12 years old, whether they agree to it or not.

Someone hwo is over 12, but under 14, can only consent to sex or sexual touching with a partner who is less than 2 years older than him or her.

If you are in a position of trust or authority (a teacher or coach for example) it is illegal to have sex with or sexually touch someone who is under 18.

If I have a sexually transmitted disease, do I need to tell my partner?

Yes. You have both a moral and a legal obligation to tell your partner if he or she is at risk. You may be charged criminally for not doing so.

What if my boyfriend or girlfriend forces me to have sex?

It is illegal to force people to have sex against their will. It makes no difference if they are strangers, dating or married, it is still a crime. This is referred to as sexual assault and can be reported to the police.

Even if your girlfriend or boyfriend agrees to one type of sexual activity, it does not mean that she or he agrees to all types of sexual activity.

If you have been forced to have sex or engage in sexual activities, call the Klinic Community Health Centre or attend their drop-in counselling services on Wednesdays from noon to 7:00 p.m. or Fridays from noon to 4:00 p.m.

What if my boyfriend or girlfriend hits me?

Physical abuse of any kind is a crime. You are a victim of abuse if your partner is hitting, pushing, pinching or threatening you.

In Manitoba, there is a zero tolerance policy on this kind of relationship abuse, which means that if the police know or think that abuse is happening, they can arrest the accused person whether you press charges or not.

If you are being abused by your partner and you wish to report this abuse, call the Winnipeg Police Service. Outside Winnipeg, call your local RCMP.

Living Together

Is there anything I should know about living together?

You will be considered "common law" if you register your relationship with the Vital Statistics Agency, or if you live together for a certain period of time. The length of time required varies depending on the purpose. For income tax purposes it's one year, but for many purposes it's 3 years. To be able to claim support for yourself from your partner, you need to live together for 3 years, or for 1 year if you have a child together.

"Common law partners" applies to either heterosexual or homosexual couples.

In Manitoba, a new law called the Common Law Partners Property and Related Amendments Act means that common law partners have the same rights and obligations as if they just got married. Like spouses, this means they have an obligation to support each other.

You can opt out of rights and obligations imposed by the Act by creating a co-habitation agreement. A lawyer can help you do this.

How do I end my common law relationship?

If you are registered with the Vital Statistics Agency you must register the end of the relationship with the agency. You have to be living apart for at least 1 year.

If you have never registered your relationship, it will only end after living apart for a certain amount of time, which in most cases is 3 years.

Can I get money from my partner if the relationship ends?

If a common law relationship ends and one person is financially dependent on the other, that party may apply to the court for financial support from the other.

If the relationship ends, do we split all of the property equally?

In Manitoba, people who marry or live together do not acquire a specific ownership right to half of the other person's property. In general, if you ar ending a common law relationship, property purchased while living together is treated as shareable property to determine an equalization payment required from one person to the other.

If you don't want to share your assets with your partner if you separate, you may want to consider talking to a lawyer about a co-habitation agreement.

If we have children together, what happens if the relationship ends?

Both parents have a right to apply to the court for custody of, or access to, the children.

Both parents always have responsibilities to help support their children, whether the parents live together or not. If the parents do not live together, the parent with custody of the child or children can apply for child support from the other parent.

Children Born To Unmarried Parents

How do I register the birth of a child born outside of marriage?

If you are the mother of a child born outside of marriage, you must register the birth. The father of the child is not required to register the birth.

The registration will automatically show the last name of the mother as the last name of the child, unless the mother and a man who says he is the father both request in writing that he be named as the father. When both names are used they may be hyphenated.

Who is entitled to custody of a child born outside of marriage?

If the parents of a child born outside of marriage have never lived together with the child, the parent who lives with the child has sole custody of the child. The other parent may apply to the court for custody or visiting rights, but without an order from the court, he or she will have no such custody rights to the child unless the parent with sole custody agrees.

If the parents of a child born outside of marriage have lived together with the child, both parents have an equal right to custody of the child.

Do I still have to pay support for a child that I never see?

Yes. Each parent of a child must financially support that child while that child is under the age of 18, whether the parent has custody of that child or not.

If the child is continuing with his or her education, a parent may seek child support from the other parent even though the child is 18 or older.

What if the father of my child won't admit he's the father?

You may apply ot hte court to determine who the father of your child is.

The court may order blood tests, but hte suspected father can refuse to take them. However, if he refuses, the court may draw any conclusion from his refusal that it chooses.

The court may not take blood tests from someone who is over 16 without his consent, or under 16 without the consent of his parents.

Marriage

How old do I have to be to get married?

If you are 18 or older, you may get married without anyone else's consent.

If you are over 16, but under 18, you may get married with the consent of your parents or guardian, or with a judge's order.

If you are under 16, you may only get married if you apply to a family court judge for consent.

Is there anything I should know about being married?

When you get married you acquire many rights and responsibilities immediately. Most of the rights only become important either when the relationship ends because there are disputes over children, money or property, or on the death of a spouse.

One right that you acquire when you marry or live common-law is called a "homestead right". What this means is that the person who owns the family home cannot sell it without the written consent of his or her spouse or common-law partner. To ensure this, notice of this homestead right may be registered with the Land Titles Office.

Is my spouse allowed to hit me?

No. Physical abuse of any kind is a crime. You are a victim of abuse if your spouse is hitting, pushing, pinching or threatening you.

In Manitoba, there is a zero tolerance policy on this kind of spousal abuse, which means that if the police know or think that this is going on, they can arrest the accused person whether you press charges or not.

To notify police about any abuse, contact the Winnipeg Police Service. Outside Winnipeg, contact your local RCMP.

Where can I go for help if I am being abused by my spouse?

Osborne House is an emergency short-term shelter for women and their children who are victims of abusive relationships. They offer individual and group counselling and can refer you to community resources. Osborne House also provides a 24-hour crisis line to call if you are in trouble.

Evolve (Klinic) offers counselling to women who have experienced abuse, men who have been abusive towards their partner and children who have witnessed abuse in the home.

Ikwe-widdjiitiwin offers emergency shelters to women and their children who are victims of family violence. They also operate a 24-hour provincial telephone crisis line offering counselling, information, referral and emotional support.

The Women's Advocacy Program offers basic legal information on charges, rights and protection to women whose partners have been charged with assault against them.

Women in Second Stage Housing provides a living program for women and their families who have left abusive relationships.

Marriage Breakdown

What if my spouse and I can no longer live together?

There are family counselling services available for couples who wish to continue their marriage.

How do I end my marriage?

A marriage legally ends when a divorce is given by a family court judge.

What is a separation?

A separation occurs when 2 people who are married live separate and apart from each other. Both parties may agree to a separation, but a separation only requires 1 party to decide not to live together.

What is a divorce?

A divorce is the legal process of ending a marriage. The court will grant a divorce if there is proof that there has been a breakdown of the marriage. Issues such as custody of children, financial support and the dividing of property will usually be settled before a divorce will be granted.

How do I get a divorce?

One or both of the spouses must apply to a court for a divorce.

The court will only grant a divorce if there is evidence that there has been a breakdown of the marriage. A breakdown of marriage is proved if:

- one spouse has cheated sexually on the other spouse;

- one spouse has emotionally or physically abused the other spouse; or

- the spouses have lived separate and apart for at least 1 year.

Can I get money from my spouse after we separate or divorce?

Maybe. If one spouse is financially dependent on the other spouse, the other spouse may have to contribute financially, even after separation or divorce.

Does my spouse have to share all property equally with me?

Most assets acquired during cohabitation will be considered shareable property in the division of family property. Both assets and debts will be considered to determine the equalization payment. The Family Property Act accounting includes business assets.

In genereal, gifts, inheritances and assets acquired before cohabitation do not have to be shared between spouses.

What happens to my children if my marriage ends?

Both parents have a right to apply to the court for custody of or access to the children.

Both parents must pay financial support for their children, until the children turn 18, regardless of whether they have custody or not. Support is paid even after the child turns 18 if the child remains financially dependant, for example by continuing in school.

Many parents try to resolve custody and access issues by agreement. To help parents deal with the issue, Family Conciliation services offers mediation services and a parent education course called "For the Sake of the Children". Other are private mediation, negotiation and the collaborative family law process.

Children

If my parents divorce, do I get to choose who I live with?

The law assumes that parents are able to make decisions in the best interests of their children. If your parents cannot agree on what would be best for you, the court will decide wiht whom you will live.

Can I testify in court about who I want to live with?

Typically in Manitoba the judge will not interview the child as the court does not want children to have the responsibility of choosing between their parents. In a custody dispute, it is the responsibility of the judge to determine what is in the best interests of the child. However, the views of the children are carefully considered. Unless there are safety concerns, the court and the parents usually weigh the wishes of teenage children heavily.

In Manitoba the court usually hears about the wishes of the child through a report prepared by a social worker at Family Conciliation Services. This can be a full assessment or a brief consultation. Sometimes a private psychologist or social worker will be asked to create a report.

Gay and Lesbian Couples

Can I go out with someone of the same sex?

Yes. Gay and lesbian relationships are not against the law.

How old do I have to be to have sex with a same-sex partner?

The same rules apply as with heterosexual couples, such as:

It is illegal to have sex with or touch someone sexually who does not consent or agree to this activity, regardless of the age of the people involved.

It is illegal to have sex with or sexually touch someone under the age of 12, whether they agree to it or not.

Someone age 12 and over, but under 14, can only consent to sex or sexual touching with a partner who is less than 2 years older than him or her.

If you are in a position of trust or authority it is illegal to have sex with or sexually touch someone who is under 18.

Can I live with my same-sex partner?

Yes, same-sex couples may live together.

What are same-sex couples' rights?

Same-sex couples now have the same rights and obligations as heterosexual couples.

Can I marry my same-sex partner?

Yes. In September 2004, Manitoba became the fifth province in Canada to legalize same-sex marriage.

How can I find out more about same-sex relationships?

The Rainbow Resource Centre offers information and referrals on all aspects of same-sex relationships. This service also offers telephone information and peer counselling.