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Difference between revisions of "Introduction to Family Law in British Columbia"
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Introduction to Family Law in British Columbia (view source)
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}}This section offers a short introduction to the principles of family law in British Columbia and the ways that family law problems are resolved. It's written in easy-to-understand language and is meant for people who have never had to deal with the legal system before and for people who are new to Canada. | }}This section offers a short introduction to the principles of family law in British Columbia and the ways that family law problems are resolved. It's written in easy-to-understand language and is meant for people who have never had to deal with the legal system before and for people who are new to Canada. | ||
This section is meant to be read as a whole, from start to finish. The main chapters of this | This section is meant to be read as a whole, from start to finish. The main chapters of this wikibook go into each subject in a lot more detail. When you're done with this section, the chapter [[Introduction to the Legal System for Family Matters|The Legal System]] has a more complete introduction to family law and dispute resolution processes in BC. | ||
Here you will find an overview of common family law problems, the laws that deal with family law problems, the courts that deal with family law problems, and the other ways that family law problems are resolved. | Here you will find an overview of common family law problems, the laws that deal with family law problems, the courts that deal with family law problems, and the other ways that family law problems are resolved. This section talks briefly about the law on the care of children, child support, spousal support, the division of property and debt, separation and divorce, and family law agreements. | ||
==Introduction== | ==Introduction== | ||
When a couple breaks up, they may have to decide how a child <span class="noglossary">will</span> be cared for, how property should be divided, and whether someone needs extra money to help pay the bills. Family law, sometimes also called divorce law, is the area of the law that deals with problems like these. | When a couple breaks up, they may have to decide how a child <span class="noglossary">will</span> be cared for, how property should be divided, and whether someone needs extra money to help pay the bills. Family law, sometimes also called divorce law or the law on domestic relations, is the area of the law that deals with problems like these. | ||
To understand how family law works in British Columbia, you need to have a basic understanding of the legal system, the laws about family law problems, and | To understand how family law works in British Columbia, you need to have a basic understanding of the legal system, the laws about family law problems, and how the courts apply those laws when a couple can't agree about something. Since it isn't always necessary to go to court when there's a problem, you also need to know about negotiation and mediation. These are the most common ways that people solve their problems without the help of a judge. | ||
Family law problems are | Family law problems are resolved in one of two ways: the couple bargain with each other and come up with a solution that they both agree to; or, the couple can't agree and they have to go to court to have a judge come up with a solution. Going to court means that one or both people have or will start a court proceeding. (Court proceedings are also known as ''lawsuits'', ''claims'' or ''actions''.) Going to court is called ''litigation''; trying to come up with an agreement without going to court is called ''negotiation''. Mediation is a kind of negotiation. | ||
There are two courts that handle almost all family law litigation in British Columbia: the Provincial (Family) Court and the Supreme Court. Each court has its own rules, its own forms, and its own process. | There are two courts that handle almost all family law litigation in British Columbia: the Provincial (Family) Court and the Supreme Court. Each court has its own rules, its own forms, and its own process. | ||
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There are two main laws that apply to family law problems. A law, in this sense of the word, means a rule made by the government. These laws are the federal ''[[Divorce Act]]'' and the provincial ''[[Family Law Act]]''. Each law deals with different issues, although they share a lot of issues in common. For some couples, both laws <span class="noglossary">will</span> apply; for others, only one of these laws <span class="noglossary">will</span> apply, probably the ''[[Family Law Act]]''. | There are two main laws that apply to family law problems. A law, in this sense of the word, means a rule made by the government. These laws are the federal ''[[Divorce Act]]'' and the provincial ''[[Family Law Act]]''. Each law deals with different issues, although they share a lot of issues in common. For some couples, both laws <span class="noglossary">will</span> apply; for others, only one of these laws <span class="noglossary">will</span> apply, probably the ''[[Family Law Act]]''. | ||
It's important to know that you don't have to go to court, no matter how bad your problem is. The only times you ''must'' go to court are when: | |||
*you need a divorce, | *you need a divorce, | ||
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*there is a risk of violence, | *there is a risk of violence, | ||
*someone is threatening to hide property or money, or | *someone is threatening to hide property or money, or | ||
*you just can't agree about how to | *you just can't agree about how to solve the problem no matter how hard you try. | ||
If you don't have to deal with one or more of these issues, you can always try to negotiate a way of fixing the problem, to find a solution that you both agree with. Couples who need help negotiating sometimes hire someone else to help, someone who | If you don't have to deal with one or more of these issues, you can always try to negotiate a way of fixing the problem, to find a solution that you both agree with. Couples who need help negotiating sometimes hire someone else to help, someone who has special training helping people resolve problems and make deals, called a ''mediator''. Mediators help to guide the negotiation process and encourage people to see different ways of solving the problem. | ||
Lawyers who mediate family law problems are called ''family law mediators'', and have | Lawyers who mediate family law problems are called ''family law mediators'', and have additional training in mediation apart from their training as lawyers. Because there are no rules about who can and who can't call themselves a mediator, you should look carefully at a mediator's credentials before you agree to use that person as your mediator. | ||
'''Further reading:''' | '''Further reading:''' | ||
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==Common family law problems== | ==Common family law problems== | ||
All sorts of people in all sorts of situations can have family law problems, including couples who live together and couples who don't, couples who are married and couples who aren't, a couples who meant to have a child together and couples who didn't. Family law applies to same-sex couples in exactly the same way that it applies to opposite-sex couples.The sorts of problems a couple can have when their relationship ends include deciding how the children <span class="noglossary">will</span> be cared for, whether support should be paid, and who <span class="noglossary">will</span> keep which property and which debt. | |||
Family law problems about children are: | Family law problems about children are: | ||
