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Difference between revisions of "Recent Changes to Family Law in British Columbia"
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Recent Changes to Family Law in British Columbia (view source)
Revision as of 17:11, 18 October 2021
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*new tools to help judges to manage court processes. | *new tools to help judges to manage court processes. | ||
In 2019, the Provincial Court established a pilot project in the Victoria courthouse aimed at the early resolution of family law disputes. A whole new set of court rules were developed | In 2019, the Provincial Court established a pilot project in the Victoria courthouse aimed at the early resolution of family law disputes. A whole new set of court rules were developed, and in May 2021, the new Provincial Court Family Rules came into effect. As a result, we are working on updating all references and discussions related to family matters in the Provincial Court. In the meantime, portions of [[JP Boyd on Family Law]] that talk about Provincial Court processes, rules, and forms should be considered out-of-date. | ||
In 2020, the ''Family Law Act'' was changed to cover the arbitration of family law disputes, in terms very different from those of the old ''Arbitration Act'', and the Victoria pilot project was expanded to include the Surrey courthouse. Of course, 2020 was also the year that the spread of COVID-19 resulted in huge changes to day-to-day court processes. | In 2020, the ''Family Law Act'' was changed to cover the arbitration of family law disputes, in terms very different from those of the old ''Arbitration Act'', and the Victoria pilot project was expanded to include the Surrey courthouse. Of course, 2020 was also the year that the spread of COVID-19 resulted in huge changes to day-to-day court processes. | ||
In 2021, sweeping amendments to the federal ''Divorce Act'' came into effect that changed how we talk about parenting after separation, and introduced a new test for figuring out children's best interests and a new test for when someone wants to move away. Thankfully, for people already used to the ''Family Law Act'', the changes to the ''Divorce Act'' felt very familiar, as if the federal government had simply copied huge portions of our provincial legislation. However, the changes to the ''Divorce Act'' also resulted in changes to the Child Support Guidelines, changes to the forms used by the Supreme Court, and the introduction of brand new forms used when someone wants to move away (or objects to someone moving away). | In 2021, sweeping amendments to the federal ''Divorce Act'' came into effect that changed how we talk about parenting after separation, and introduced a new test for figuring out children's best interests and a new test for when someone wants to move away. Thankfully, for people already used to the ''Family Law Act'', the changes to the ''Divorce Act'' felt very familiar, as if the federal government had simply copied huge portions of our provincial legislation. However, the changes to the ''Divorce Act'' also resulted in changes to the Child Support Guidelines, changes to the forms used by the Supreme Court, and the introduction of brand new forms used when someone wants to move away (or objects to someone moving away). | ||
Frankly, the pace of change has been a bit dizzying, especially for those of us who prepare public and professional education materials on family law. However, these changes are all part of an important new trend in family law to encourage people to resolve their problems outside of court, to recognize and account for the important impacts of family violence and coercive, controlling relationships, and to focus the rights involved in parenting more on children than on parents. The inconvenience to public legal educators is worth it. | Frankly, the pace of change has been a bit dizzying, especially for those of us who prepare public and professional education materials on family law. However, these changes are all part of an important new trend in family law to encourage people to resolve their problems outside of court, to recognize and account for the important impacts of family violence and coercive, controlling relationships, and to focus the rights involved in parenting more on children than on parents. The inconvenience to public legal educators is worth it. | ||
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This page provides an overview of the other changes that have happened in the last couple of years, including the amendments to the ''Family Law Act'' about arbitration, the new Provincial Court Family Rules and the early resolution process, and the changes to the Child Support Guidelines and the forms used by the Supreme Court resulting from the amendment of the ''Divorce Act''. | This page provides an overview of the other changes that have happened in the last couple of years, including the amendments to the ''Family Law Act'' about arbitration, the new Provincial Court Family Rules and the early resolution process, and the changes to the Child Support Guidelines and the forms used by the Supreme Court resulting from the amendment of the ''Divorce Act''. | ||
==New Rules, Forms and Processes for the BC Provincial Court== | |||
In May 2020, the Provincial Court adopted a new set of Provincial Court Family Rules while also expanding its use of Early Resolution Registries. These are big changes which means that much of the discussion and references to Provincial Court rules, forms, and procedures in [[JP Boyd on Family Law]] (which were reviewed in 2019) are out-of-date and should be treated with caution. | |||
Details about how the new rules and the early resolution process work is available from the provincial government on its website. You can read an overview about the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution early resolution process] and read a summary about how [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 the new Provincial Court Family Rules have changed.] For a more detailed rule-by-rule explanation of the Provincial Court Family Rules, [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcrf-explained.pdf the government of British Columbia has also released a longer document]. | |||
==Arbitration under the ''Family Law Act''== | ==Arbitration under the ''Family Law Act''== | ||
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==New and Updated Forms== | ==New and Updated Forms== | ||
We mentioned that there are a new set of forms for Provincial Court. There are also new forms for family matters in the BC Supreme Court, as well as new forms in the new ''Divorce Act''. Two of the forms in cases before the Supreme Court have been updated and a new form has been created. The ''Divorce Act'' provides three brand new forms used when someone wants to move away after separation, called ''relocation''. | |||
===BC Supreme Court Forms=== | ===BC Supreme Court Forms=== | ||
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This form is necessary, because under section 7.8 of the new ''Divorce Act'', judges must take into account cases like these, and any orders made in those cases, when making decisions about parenting after separation. | This form is necessary, because under section 7.8 of the new ''Divorce Act'', judges must take into account cases like these, and any orders made in those cases, when making decisions about parenting after separation. | ||
===Relocation Forms=== | ===Relocation Forms in the ''Divorce Act''=== | ||
Under section 16.9, a parent who wants to move away after separation, with or without the children, needs to give people with parenting time, decision-making responsibility or contact notice of their intention to move. Under section 16.96, someone with contact also has to give notice when they are planning to move away. | Under section 16.9, a parent who wants to move away after separation, with or without the children, needs to give people with parenting time, decision-making responsibility or contact notice of their intention to move. Under section 16.96, someone with contact also has to give notice when they are planning to move away. | ||
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The form used by someone who wants to object to a proposed move is called a [https://www.justice.gc.ca/eng/fl-df/divorce/orf-fod.html Objection to Relocation Form]. This too is a fairly simple fill-in-the-blanks form available from the website of the federal Department of Justice in fillable PDF format and in a version that can be filled out online. | The form used by someone who wants to object to a proposed move is called a [https://www.justice.gc.ca/eng/fl-df/divorce/orf-fod.html Objection to Relocation Form]. This too is a fairly simple fill-in-the-blanks form available from the website of the federal Department of Justice in fillable PDF format and in a version that can be filled out online. | ||
==Resources and links== | ==Resources and links== | ||
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* the old ''[http://canlii.ca/t/53z6j Divorce Act]'' | * the old ''[http://canlii.ca/t/53z6j Divorce Act]'' | ||
* [https://www.parl.ca/LegisInfo/BillDetails.aspx?Language=E&billId=9868788 Bill C-78] | * [https://www.parl.ca/LegisInfo/BillDetails.aspx?Language=E&billId=9868788 Bill C-78] | ||
* [https://www.canlii.org/webdiff/diff.do?lang=en&path=%2Fen%2Fca%2Flaws%2Fstat%2Frsc-1985-c-3-2nd-supp%2Flatest%2Frsc-1985-c-3-2nd-supp.html&path=%2Fen%2Fca%2Flaws%2Fstat%2Frsc-1985-c-3-2nd-supp%2F157296%2Frsc-1985-c-3-2nd-supp.html#h=47859.625 side-by-side comparison of the old and new ''Divorce Act'']] | |||
===Links=== | ===Links=== | ||
