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Adoption Registries

2025-04-13T03:29:35Z

Elena Renderos: /* With more information */

{{REVIEWEDPLS | reviewer = [http://gov.bc.ca/mcfd Adoption Branch], Ministry of Children & Family Development|date= February 2020}} {{Dial-A-Law TOC|expanded = children}}
Adoption registries and reunion services can help adopted people and their relatives reconnect. Learn how British Columbia’s '''adoption registries''' work.

==What you should know==

===Registries help connect adopted people with their relatives===
Many adopted people want to know about their birth parents. Often, birth parents want to know how a child they placed for adoption is doing. Many adopted people and birth parents want to meet each other.

In BC, there are '''registries''' that help put relatives separated by adoption back in touch.

====Parents Registry====
Birth parents of a child placed for adoption [https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/adoptions/adoption-reunions-registries/birth-parents-registry can register with the Parents Registry]. This allows them to receive notice of adoption details. It also lets them be involved in the adoption planning. Parents can register any time before the child’s birth and up to 150 days after the child was placed for adoption. There’s no fee to register.

====Post-Adoption Openness Registry====
When an adoption order is granted for a child under 19 years old, the door opens for potential reconnections. Adoptive parents, birth parents, and relatives can decide to share information with the adopted child, and communicate with each other. To do so they [https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/adoptions/adoption-reunions-registries/post-adoption-openness-registry register with the Post-Adoption Openness Registry]. They choose the level of contact they want. They also decide how much they want to reveal about themselves. There are no fees to register.

====Adoption Reunion Registry====
[https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/adoptions/adoption-reunions-registries/adoption-reunion-registry The Adoption Reunion Registry] connects people over 19 years old who were involved in a BC adoption. Adopted adults can search for their birth parents or siblings. Birth parents who placed a child for adoption can start searching for them as soon as the child turns 19.

===How the Post-Adoption Openness Registry works===
After an adoption order is made for a child under age 19, those involved in the adoption — including adoptive parents, birth parents, and other relatives — can exchange information by [https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/adoptions/adoption-reunions-registries/post-adoption-openness-registry registering in the Post-Adoption Openness Registry]. The adults may choose to share things like medical information, letters, cards and pictures. Or they may opt for full disclosure and exchange of names and addresses for direct contact.

====A successful match====
When you [https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/adoptions/adoption-reunions-registries/post-adoption-openness-registry apply to register], the registry checks to see if anyone else involved in the adoption is in the system. For example, if both the adoptive parents and the birth mother are registered, that’s a match. The registry will only contact parties if there’s a match.

====Reaching an openness agreement====
The registry will next ask the matched parties about the level of contact they want. The parties can choose full disclosure and direct contact, or a non-identifying exchange of information. If one or both want the second (less direct) option, a social worker will help them make an '''openness agreement'''. This type of agreement sets out the ways that birth parents, relatives, and the adoptive family will communicate after the adoption process is complete.

Any decision to enter into an openness agreement must be made with care. The best interests of the adopted child should determine how it’s constructed. Its success depends on the voluntary cooperation of everyone involved.

====How long registration lasts====
An application to the Post-Adoption Openness Registry lasts until the adopted child reaches age 19, a match is made, or the application is withdrawn in writing. If there’s no match by the time the child turns 19, a different, adult registry comes into play. Interested parties can then apply to the Adoption Reunion Registry.

====How the Adoption Reunion Registry works====
[https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/adoptions/adoption-reunions-registries/adoption-reunion-registry The Adoption Reunion Registry] connects people over age 19 who were involved in a BC adoption. Everyone must be age 19 or over when the connection is made.

The registry operates a passive registry. In some cases, though, it can help with an active search.

====Passive registry====
For adoptions that happened in BC, people who have been adopted, as well as their birth parents, siblings, and other relatives, can register to connect.

The '''passive registry''' requires interest from both sides. The registry is looking for a match. That can only happen if both parties are registered. If there’s a match, the registry will contact both parties and help them connect.

====Active search====
The registry can also help with an '''active search''' for a relative. First they’ll check if the relative is registered. If not, they’ll start a search. If they find the person, the registry will contact them to discuss next steps. If this person also wants a reunion, the registry will talk with both parties about the options for contact. These can include letters, phone calls, meetings, or visits in person.

{| class="wikitable"
|align="left"|'''Tip'''
The Adoption Reunion Registry offers brief counselling and support during the reunion search process. You may also seek other counselling through a local social services agency or a private therapist.
|}

====Registering with the Adoption Reunion Registry====
You can apply to register with the Adoption Reunion Registry by:

* [https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/adoptions/adoption-reunions-registries/adoption-reunion-registry filling out the application form] and mailing it to the registry
* paying the $25 fee to register (you can ask for it to be waived)

There are also other documents to complete. Which ones are required depends on who you are.

If you’re a person who was adopted or a birth mother, you must send a copy of your birth certificate (as proof of your identity).

Adult siblings searching for a brother or sister who was adopted need to provide their birth parents’ birth and death certificates.

An active search costs an additional $250. You also need to send a copy of the adopted person’s original birth registration document and the adoption order. These documents are available from the Vital Statistics Agency. [https://www2.gov.bc.ca/gov/content/life-events/order-certificates-copies See its website], or call 250-952-2681 in Victoria, and toll-free 1-888-876-1633 elsewhere in BC.

===If a birth parent or adopted person doesn’t want to be known or found===
Either the birth parent or the adopted person can choose to stay unknown. This requires having a '''disclosure veto''' or '''no-contact declaration''' placed on their records in the Vital Statistics Agency.

A '''disclosure veto''' blocks identifying information from appearing on the birth registration or adoption order. It also prevents the Adoption Reunion Registry from helping to find the person who filed the veto. You can place a disclosure veto on your record if you’re a birth parent or adopted person (age 18 and over) involved in an adoption that occurred before 1996.

A '''no-contact declaration''' allows information to be released, but stops any contact with the person who placed it. If a no-contact declaration was placed on the birth or adoption records you’re searching, you’ll have to sign a statutory declaration promising not to contact the other person while the no-contact declaration lasts. If you break your promise, you may face a penalty of up to six months in jail and a fine of up to $10,000.

A person who files a disclosure veto or no-contact declaration can also file a '''written statement'''. This statement may include social, medical, and health information. It may also tell you why the person doesn’t want to be contacted. If the birth and adoption records you’re searching at the Vital Statistics Agency contain a written statement, you’ll be given a copy.

==Who can help==

===With more information===
The '''Ministry of Children & Family Development''' has information on its website about adoption reunions and registries.
* [https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/adoptions/adoption-reunions-registries Visit website]

The '''Belonging Network''' supports the adoption community at all ages and stages through education, counselling and advocacy.
* Call 1-877-236-7807 (toll-free)
* [https://belongingnetwork.com/ Visit website]

===Free and low-cost legal help===
Options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help|See our information on free and low-cost legal help]].

{{Dial-A-Law_Navbox|type=families}}
{{Dial-A-Law Copyright}}

Adoption of a Child

2025-04-13T03:28:38Z

Elena Renderos: /* With more information */

{{REVIEWEDPLS | reviewer = [http://gov.bc.ca/mcfd Adoption Branch], Ministry of Children & Family Development|date= February 2020}} {{Dial-A-Law TOC|expanded = children}}
'''Adoption''' can be a happy event for two families. But first there are legal matters to take care of — the transfer of parental rights and responsibilities for a child from one family to another. Learn what’s involved in adopting a child or placing a child for adoption.

==What you should know==

===There are several types of adoption===
There are different ways to adopt a child in BC.

[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec4_smooth Under the law in BC], a parent or guardian may place a child for adoption. They can place the child with an adoption agency to find an adoptive family or work with an agency to place the child with someone they know (who is not a relative). This type of adoption is called a '''direct placement'''.

A child can be placed into the permanent '''care of the provincial government'''. This is called foster care. The goal is to reunite the child with their birth family. But in some circumstances, this isn’t possible or isn’t in the child's best interests. [https://adopt.gov.bc.ca/ These children are placed in the Adopt BC Kids program].

BC’s licensed adoption agencies help with '''international adoptions'''. These involve adopting a child from another country.

A family may want to adopt a '''relative or partner's child'''. It could be a niece or nephew, for instance, or the child of your new partner. To adopt a child related to you by blood, or to adopt your partner's child, you need to apply to the BC Supreme Court.

===Who can adopt a child===

An adult (someone age 19 years or older) who lives in BC can adopt a child in the province. A person does not need to be married to adopt a child. You can apply to adopt a child if you're single or in an opposite-sex or same-sex relationship.

A child may be placed for adoption with one adult or two adults jointly.

===Who handles adoptions in BC===

Only the BC government, or an agency licensed by it, can handle an adoption in BC. [https://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/children-and-family-development The Ministry of Children & Family Development] helps with the adoption of BC children living in foster care.

[https://belongingnetwork.com/adoption-permanency/adoption/adoption-agencies/ Adoption agencies licensed by the BC government] handle various types of adoptions. A licensed adoption agency must be involved before adoptive parents receive the child. This is true even for a direct placement, where the birth parents choose the adoptive parents.

===It’s illegal to pay or accept payment for an adoption ===

Birth parents can’t be paid for placing a child for adoption. [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec84_smooth Under BC law], it’s illegal, with a few specific exceptions.

The '''exceptions''' are:

* A '''parent or guardian''' can accept money from a prospective adoptive parent to cover certain expenses. For example, the birth mother can be paid for medical services for the birth of the child, as well as accommodation and transportation of the child.
* An '''adoption agency''' can receive fees and expenses up to certain limits set under the law.
* A '''lawyer''' can receive reasonable fees and expenses for providing legal services related to the adoption.
* A '''health care provider''' can receive reasonable fees and expenses for giving medical services to:
** a child being adopted, or
** the birth mother in connection with the pregnancy or birth.

The Ministry of Children & Family Development doesn’t charge people to adopt a child in care.

===Who must consent to an adoption===
'''A birth mother''' must consent to an adoption unless the child is in the permanent care of the child protection authorities. Her consent is valid only if the child is '''at least 10 days old''' when she gives it. The consent must be in a specific written form. Other documents are also required.

'''A biological father’s''' consent is usually required too. But there are exceptions. For example, a court can be asked to do away with the biological father’s consent if:

* he can’t be found, or
* it’s in the child’s best interests to do so.

Any other '''parent or guardian''' of the child must also consent to an adoption.

If a '''child is age 12 or older''', they must consent to being adopted.

====If the mother or father changes their mind====
A person who consented to their child's adoption may '''revoke''' their consent (cancel it) before the child is placed for adoption.

As well, the birth mother may revoke her consent to the adoption in writing within 30 days of the child’s birth. This can happen even if the child has already been placed for adoption.

A child who has consented to their adoption has until the adoption order is granted to revoke their consent.

A revocation must be '''in writing'''. It must be given directly to the adoption agency or the BC director of adoptions.

====The child’s perspective====
If a child is age 12 or older, they must consent to being adopted. The views of a child between ages seven and 11 must be considered. If the child is mature enough, the child must receive counselling about the effects of adoption.

===Factors considered in placing a child for adoption===
Under BC law, the most important consideration in placing a child for adoption is the '''best interests of the child'''. The relevant factors here are set out in the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec3_smooth ''Adoption Act''] and the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-46/latest/rsbc-1996-c-46.html#sec4_smooth ''Child, Family and Community Service Act'']. They include:

* the child's safety
* the child's physical and emotional needs and level of development
* the importance of continuity in the child's care
* the child having a positive relationship with a parent and a secure place as a member of a family
* the quality of the child’s relationship with a parent or other individual, and the effect of maintaining that relationship
* the child's cultural, racial, linguistic, and religious heritage
* the child's views
* the effect on the child if a decision is delayed

===Relative or stepparent adoption of a child===

Someone may want to adopt a '''relative or partner's child'''. For instance, they may want to adopt a grandchild or the child of their new partner.

In order to adopt a child related to you by blood, or to adopt your partner's child, you need to apply to court. The legal requirements are outlined in [http://canlii.ca/t/84g5 BC’s adoption law]. It's a good idea to get legal advice on how to complete this kind of adoption.

The court will consider the '''child’s best interests''' when making decisions about their future. Children older than age seven will have a private interview. An adoption worker will ask questions to make sure they understand what it means to be adopted and to get their views on potential placement. Children age 12 and over must consent to their adoption.

Anyone who has a court order or enforceable agreement for contact with the child will be given notice about the adoption application.

==The process to adopt a child ==

===Step 1. Application to adopt===
The adoption process begins with an [https://belongingnetwork.com/adoption-permanency/adoption/adoption-step-by-step/ application to adopt]. An [https://belongingnetwork.com/adoption-permanency/adoption/adoption-agencies/ adoption representative] (such as a licensed adoption agency or the Ministry of Children and Family Development) then reviews the application. They:

* check references
* conduct a criminal record check
* conduct a medical check
* complete a prior contact search through the ministry (including similar searches in any other jurisdiction the applicant has lived in)

After submitting the application, the applicant ''must'' take adoption training, such as the [https://belongingnetwork.com/resources-education/leap/ Adoption Education Program Online].

===Step 2. Homestudy===

A social worker conducts a '''homestudy'''. This involves six to eight visits to the home of the prospective adoptive parents.

===Step 3. Placement===

The adoption representative carefully considers whether the prospective family meets the best interests of a child. If the prospective family is chosen, the representative calls the prospective adoptive parents with a potential '''placement'''. If the placement is accepted, a transition plan is made to place the child in the adoptive home.

===Step 4. Application for the adoption order===

For the first six months, the social worker visits the child in the home.

After the child has lived with the adoptive parents for at least six months, the parents can apply to court for an adoption order. If it’s a ministry adoption, the social worker makes the court application for the parents.

If the court is satisfied that the proposed adoption is in the child’s best interests, it makes the '''adoption order'''.

==Common questions==
===What if the child is Indigenous?===

Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec3_smooth BC’s adoption law], special consideration is given to Indigenous heritage. If the child is Indigenous, the importance of preserving their cultural identity must be considered in determining the child’s best interests.

If the child is under 12 and the birth parent or other guardian doesn’t object, the Ministry of Children & Family Development or adoption agency will notify the child’s Indigenous community and consult with them about planning for the adoption.

Under the [http://canlii.ca/t/7vhk federal ''Indian Act''], an Indigenous person who is adopted doesn’t lose any rights or privileges they have as a “status Indian” under the Act and other laws like the ''Income Tax Act''.

===Can a birth parent choose an open adoption?===
Yes, the birth parents and adoptive parents can choose to stay in touch with each other after a child is adopted. Before an adoption order is made, the birth parents and adoptive parents can agree on how much and what type of ongoing communication or contact they want going forward. If an agreement isn’t made before the adoption order, they can register with the post-adoption openness registry. [[Adoption_Registries|Our information on adoption registries has more on open adoptions]].

===What if I want to adopt a child from another country?===
To adopt a child from another country, you must use one of the licensed adoption agencies in BC. You should tell them your plan early in the process if you want to adopt a child from outside of Canada.

Like BC adoptions, an international adoption requires a homestudy. This will help determine if you’re the right fit for the adoption.

===What information is given to the birth and adoptive parents?===
Before a child is placed with their adoptive parents, the Ministry of Children & Family Development or the adoption agency must explain the adoption process, and its alternatives, to the birth parents. The ministry gathers as much information as possible about the medical and social history of the child’s birth family. It preserves this information for the child and gives a copy to the adoptive parents.

===What is the effect of an adoption?===
Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec37 BC’s adoption law], once a child is adopted:

* the child becomes the child of the adoptive parent,
* the adoptive parent becomes the parent of the child, and
* the birth parents have no further parental rights or obligations to the child (unless a birth parent is parenting jointly with the adoptive parent).

After an adoption order is made, the child has only one set of parents: the adoptive parents. The birth parents no longer have any rights to see the child or make any parenting decisions. They have no obligation to pay child support.

An adoption also affects inheritance claims. A child who has been legally adopted by adoptive parents (unless they were adopted by the parent’s spouse) is not entitled to inherit from their biological parent’s estate.

==Who can help==

===With more information===
The '''Ministry of Children & Family Development''' has information about adoption on its website.

* [http://gov.bc.ca/mcfd Visit website]

There are children in BC waiting for an adoptive family right now. '''Adopt BC Kids''' features information on applying for a waiting child.

* [http://adopt.gov.bc.ca/ Visit website]

The '''Belonging Network''' supports the adoption community at all ages and stages through education, counselling, and advocacy.

* Call 1-877-236-7807 (toll-free)
* [https://belongingnetwork.com/ Visit website]

The '''BC Supreme Court''' has a [https://www.bccourts.ca/supreme_court/self-represented_litigants/Supreme%20Court%20Document%20Packages/Adoption%20Package.docx package of information and forms on their website]. People who are representing themselves can use the package to make a basic adoption application.

* [https://www.bccourts.ca/supreme_court/self-represented_litigants/info_packages.aspx Visit website]

===Free and low-cost legal help===
Options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help|See our information on free and low-cost legal help]].

{{Dial-A-Law_Navbox|type=families}}
{{Dial-A-Law Copyright}}

Adoption of a Child

2025-04-13T03:28:24Z

Elena Renderos: /* With more information */

{{REVIEWEDPLS | reviewer = [http://gov.bc.ca/mcfd Adoption Branch], Ministry of Children & Family Development|date= February 2020}} {{Dial-A-Law TOC|expanded = children}}
'''Adoption''' can be a happy event for two families. But first there are legal matters to take care of — the transfer of parental rights and responsibilities for a child from one family to another. Learn what’s involved in adopting a child or placing a child for adoption.

==What you should know==

===There are several types of adoption===
There are different ways to adopt a child in BC.

[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec4_smooth Under the law in BC], a parent or guardian may place a child for adoption. They can place the child with an adoption agency to find an adoptive family or work with an agency to place the child with someone they know (who is not a relative). This type of adoption is called a '''direct placement'''.

A child can be placed into the permanent '''care of the provincial government'''. This is called foster care. The goal is to reunite the child with their birth family. But in some circumstances, this isn’t possible or isn’t in the child's best interests. [https://adopt.gov.bc.ca/ These children are placed in the Adopt BC Kids program].

BC’s licensed adoption agencies help with '''international adoptions'''. These involve adopting a child from another country.

A family may want to adopt a '''relative or partner's child'''. It could be a niece or nephew, for instance, or the child of your new partner. To adopt a child related to you by blood, or to adopt your partner's child, you need to apply to the BC Supreme Court.

===Who can adopt a child===

An adult (someone age 19 years or older) who lives in BC can adopt a child in the province. A person does not need to be married to adopt a child. You can apply to adopt a child if you're single or in an opposite-sex or same-sex relationship.

A child may be placed for adoption with one adult or two adults jointly.

===Who handles adoptions in BC===

Only the BC government, or an agency licensed by it, can handle an adoption in BC. [https://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/children-and-family-development The Ministry of Children & Family Development] helps with the adoption of BC children living in foster care.

[https://belongingnetwork.com/adoption-permanency/adoption/adoption-agencies/ Adoption agencies licensed by the BC government] handle various types of adoptions. A licensed adoption agency must be involved before adoptive parents receive the child. This is true even for a direct placement, where the birth parents choose the adoptive parents.

===It’s illegal to pay or accept payment for an adoption ===

Birth parents can’t be paid for placing a child for adoption. [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec84_smooth Under BC law], it’s illegal, with a few specific exceptions.

The '''exceptions''' are:

* A '''parent or guardian''' can accept money from a prospective adoptive parent to cover certain expenses. For example, the birth mother can be paid for medical services for the birth of the child, as well as accommodation and transportation of the child.
* An '''adoption agency''' can receive fees and expenses up to certain limits set under the law.
* A '''lawyer''' can receive reasonable fees and expenses for providing legal services related to the adoption.
* A '''health care provider''' can receive reasonable fees and expenses for giving medical services to:
** a child being adopted, or
** the birth mother in connection with the pregnancy or birth.

The Ministry of Children & Family Development doesn’t charge people to adopt a child in care.

===Who must consent to an adoption===
'''A birth mother''' must consent to an adoption unless the child is in the permanent care of the child protection authorities. Her consent is valid only if the child is '''at least 10 days old''' when she gives it. The consent must be in a specific written form. Other documents are also required.

'''A biological father’s''' consent is usually required too. But there are exceptions. For example, a court can be asked to do away with the biological father’s consent if:

* he can’t be found, or
* it’s in the child’s best interests to do so.

Any other '''parent or guardian''' of the child must also consent to an adoption.

If a '''child is age 12 or older''', they must consent to being adopted.

====If the mother or father changes their mind====
A person who consented to their child's adoption may '''revoke''' their consent (cancel it) before the child is placed for adoption.

As well, the birth mother may revoke her consent to the adoption in writing within 30 days of the child’s birth. This can happen even if the child has already been placed for adoption.

A child who has consented to their adoption has until the adoption order is granted to revoke their consent.

A revocation must be '''in writing'''. It must be given directly to the adoption agency or the BC director of adoptions.

====The child’s perspective====
If a child is age 12 or older, they must consent to being adopted. The views of a child between ages seven and 11 must be considered. If the child is mature enough, the child must receive counselling about the effects of adoption.

===Factors considered in placing a child for adoption===
Under BC law, the most important consideration in placing a child for adoption is the '''best interests of the child'''. The relevant factors here are set out in the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec3_smooth ''Adoption Act''] and the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-46/latest/rsbc-1996-c-46.html#sec4_smooth ''Child, Family and Community Service Act'']. They include:

* the child's safety
* the child's physical and emotional needs and level of development
* the importance of continuity in the child's care
* the child having a positive relationship with a parent and a secure place as a member of a family
* the quality of the child’s relationship with a parent or other individual, and the effect of maintaining that relationship
* the child's cultural, racial, linguistic, and religious heritage
* the child's views
* the effect on the child if a decision is delayed

===Relative or stepparent adoption of a child===

Someone may want to adopt a '''relative or partner's child'''. For instance, they may want to adopt a grandchild or the child of their new partner.

In order to adopt a child related to you by blood, or to adopt your partner's child, you need to apply to court. The legal requirements are outlined in [http://canlii.ca/t/84g5 BC’s adoption law]. It's a good idea to get legal advice on how to complete this kind of adoption.

The court will consider the '''child’s best interests''' when making decisions about their future. Children older than age seven will have a private interview. An adoption worker will ask questions to make sure they understand what it means to be adopted and to get their views on potential placement. Children age 12 and over must consent to their adoption.

Anyone who has a court order or enforceable agreement for contact with the child will be given notice about the adoption application.

==The process to adopt a child ==

===Step 1. Application to adopt===
The adoption process begins with an [https://belongingnetwork.com/adoption-permanency/adoption/adoption-step-by-step/ application to adopt]. An [https://belongingnetwork.com/adoption-permanency/adoption/adoption-agencies/ adoption representative] (such as a licensed adoption agency or the Ministry of Children and Family Development) then reviews the application. They:

* check references
* conduct a criminal record check
* conduct a medical check
* complete a prior contact search through the ministry (including similar searches in any other jurisdiction the applicant has lived in)

After submitting the application, the applicant ''must'' take adoption training, such as the [https://belongingnetwork.com/resources-education/leap/ Adoption Education Program Online].

===Step 2. Homestudy===

A social worker conducts a '''homestudy'''. This involves six to eight visits to the home of the prospective adoptive parents.

===Step 3. Placement===

The adoption representative carefully considers whether the prospective family meets the best interests of a child. If the prospective family is chosen, the representative calls the prospective adoptive parents with a potential '''placement'''. If the placement is accepted, a transition plan is made to place the child in the adoptive home.

===Step 4. Application for the adoption order===

For the first six months, the social worker visits the child in the home.

After the child has lived with the adoptive parents for at least six months, the parents can apply to court for an adoption order. If it’s a ministry adoption, the social worker makes the court application for the parents.

If the court is satisfied that the proposed adoption is in the child’s best interests, it makes the '''adoption order'''.

==Common questions==
===What if the child is Indigenous?===

Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec3_smooth BC’s adoption law], special consideration is given to Indigenous heritage. If the child is Indigenous, the importance of preserving their cultural identity must be considered in determining the child’s best interests.

If the child is under 12 and the birth parent or other guardian doesn’t object, the Ministry of Children & Family Development or adoption agency will notify the child’s Indigenous community and consult with them about planning for the adoption.

Under the [http://canlii.ca/t/7vhk federal ''Indian Act''], an Indigenous person who is adopted doesn’t lose any rights or privileges they have as a “status Indian” under the Act and other laws like the ''Income Tax Act''.

===Can a birth parent choose an open adoption?===
Yes, the birth parents and adoptive parents can choose to stay in touch with each other after a child is adopted. Before an adoption order is made, the birth parents and adoptive parents can agree on how much and what type of ongoing communication or contact they want going forward. If an agreement isn’t made before the adoption order, they can register with the post-adoption openness registry. [[Adoption_Registries|Our information on adoption registries has more on open adoptions]].

===What if I want to adopt a child from another country?===
To adopt a child from another country, you must use one of the licensed adoption agencies in BC. You should tell them your plan early in the process if you want to adopt a child from outside of Canada.

Like BC adoptions, an international adoption requires a homestudy. This will help determine if you’re the right fit for the adoption.

===What information is given to the birth and adoptive parents?===
Before a child is placed with their adoptive parents, the Ministry of Children & Family Development or the adoption agency must explain the adoption process, and its alternatives, to the birth parents. The ministry gathers as much information as possible about the medical and social history of the child’s birth family. It preserves this information for the child and gives a copy to the adoptive parents.

===What is the effect of an adoption?===
Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec37 BC’s adoption law], once a child is adopted:

* the child becomes the child of the adoptive parent,
* the adoptive parent becomes the parent of the child, and
* the birth parents have no further parental rights or obligations to the child (unless a birth parent is parenting jointly with the adoptive parent).

After an adoption order is made, the child has only one set of parents: the adoptive parents. The birth parents no longer have any rights to see the child or make any parenting decisions. They have no obligation to pay child support.

An adoption also affects inheritance claims. A child who has been legally adopted by adoptive parents (unless they were adopted by the parent’s spouse) is not entitled to inherit from their biological parent’s estate.

==Who can help==

===With more information===
The '''Ministry of Children & Family Development''' has information about adoption on its website.

* [http://gov.bc.ca/mcfd Visit website]

There are children in BC waiting for an adoptive family right now. '''Adopt BC Kids''' features information on applying for a waiting child.

* [http://adopt.gov.bc.ca/ Visit website]

The '''Belonging network''' supports the adoption community at all ages and stages through education, counselling, and advocacy.

* Call 1-877-236-7807 (toll-free)
* [https://belongingnetwork.com/ Visit website]

The '''BC Supreme Court''' has a [https://www.bccourts.ca/supreme_court/self-represented_litigants/Supreme%20Court%20Document%20Packages/Adoption%20Package.docx package of information and forms on their website]. People who are representing themselves can use the package to make a basic adoption application.

* [https://www.bccourts.ca/supreme_court/self-represented_litigants/info_packages.aspx Visit website]

===Free and low-cost legal help===
Options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help|See our information on free and low-cost legal help]].

{{Dial-A-Law_Navbox|type=families}}
{{Dial-A-Law Copyright}}

Adoption of a Child

2025-04-13T03:26:04Z

Elena Renderos: /* Step 1. Application to adopt */

{{REVIEWEDPLS | reviewer = [http://gov.bc.ca/mcfd Adoption Branch], Ministry of Children & Family Development|date= February 2020}} {{Dial-A-Law TOC|expanded = children}}
'''Adoption''' can be a happy event for two families. But first there are legal matters to take care of — the transfer of parental rights and responsibilities for a child from one family to another. Learn what’s involved in adopting a child or placing a child for adoption.

==What you should know==

===There are several types of adoption===
There are different ways to adopt a child in BC.

[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec4_smooth Under the law in BC], a parent or guardian may place a child for adoption. They can place the child with an adoption agency to find an adoptive family or work with an agency to place the child with someone they know (who is not a relative). This type of adoption is called a '''direct placement'''.

A child can be placed into the permanent '''care of the provincial government'''. This is called foster care. The goal is to reunite the child with their birth family. But in some circumstances, this isn’t possible or isn’t in the child's best interests. [https://adopt.gov.bc.ca/ These children are placed in the Adopt BC Kids program].

BC’s licensed adoption agencies help with '''international adoptions'''. These involve adopting a child from another country.

A family may want to adopt a '''relative or partner's child'''. It could be a niece or nephew, for instance, or the child of your new partner. To adopt a child related to you by blood, or to adopt your partner's child, you need to apply to the BC Supreme Court.

===Who can adopt a child===

An adult (someone age 19 years or older) who lives in BC can adopt a child in the province. A person does not need to be married to adopt a child. You can apply to adopt a child if you're single or in an opposite-sex or same-sex relationship.

A child may be placed for adoption with one adult or two adults jointly.

===Who handles adoptions in BC===

Only the BC government, or an agency licensed by it, can handle an adoption in BC. [https://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/children-and-family-development The Ministry of Children & Family Development] helps with the adoption of BC children living in foster care.

[https://belongingnetwork.com/adoption-permanency/adoption/adoption-agencies/ Adoption agencies licensed by the BC government] handle various types of adoptions. A licensed adoption agency must be involved before adoptive parents receive the child. This is true even for a direct placement, where the birth parents choose the adoptive parents.

===It’s illegal to pay or accept payment for an adoption ===

Birth parents can’t be paid for placing a child for adoption. [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec84_smooth Under BC law], it’s illegal, with a few specific exceptions.

The '''exceptions''' are:

* A '''parent or guardian''' can accept money from a prospective adoptive parent to cover certain expenses. For example, the birth mother can be paid for medical services for the birth of the child, as well as accommodation and transportation of the child.
* An '''adoption agency''' can receive fees and expenses up to certain limits set under the law.
* A '''lawyer''' can receive reasonable fees and expenses for providing legal services related to the adoption.
* A '''health care provider''' can receive reasonable fees and expenses for giving medical services to:
** a child being adopted, or
** the birth mother in connection with the pregnancy or birth.

The Ministry of Children & Family Development doesn’t charge people to adopt a child in care.

===Who must consent to an adoption===
'''A birth mother''' must consent to an adoption unless the child is in the permanent care of the child protection authorities. Her consent is valid only if the child is '''at least 10 days old''' when she gives it. The consent must be in a specific written form. Other documents are also required.

'''A biological father’s''' consent is usually required too. But there are exceptions. For example, a court can be asked to do away with the biological father’s consent if:

* he can’t be found, or
* it’s in the child’s best interests to do so.

Any other '''parent or guardian''' of the child must also consent to an adoption.

If a '''child is age 12 or older''', they must consent to being adopted.

====If the mother or father changes their mind====
A person who consented to their child's adoption may '''revoke''' their consent (cancel it) before the child is placed for adoption.

As well, the birth mother may revoke her consent to the adoption in writing within 30 days of the child’s birth. This can happen even if the child has already been placed for adoption.

A child who has consented to their adoption has until the adoption order is granted to revoke their consent.

A revocation must be '''in writing'''. It must be given directly to the adoption agency or the BC director of adoptions.

====The child’s perspective====
If a child is age 12 or older, they must consent to being adopted. The views of a child between ages seven and 11 must be considered. If the child is mature enough, the child must receive counselling about the effects of adoption.

===Factors considered in placing a child for adoption===
Under BC law, the most important consideration in placing a child for adoption is the '''best interests of the child'''. The relevant factors here are set out in the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec3_smooth ''Adoption Act''] and the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-46/latest/rsbc-1996-c-46.html#sec4_smooth ''Child, Family and Community Service Act'']. They include:

* the child's safety
* the child's physical and emotional needs and level of development
* the importance of continuity in the child's care
* the child having a positive relationship with a parent and a secure place as a member of a family
* the quality of the child’s relationship with a parent or other individual, and the effect of maintaining that relationship
* the child's cultural, racial, linguistic, and religious heritage
* the child's views
* the effect on the child if a decision is delayed

===Relative or stepparent adoption of a child===

Someone may want to adopt a '''relative or partner's child'''. For instance, they may want to adopt a grandchild or the child of their new partner.

In order to adopt a child related to you by blood, or to adopt your partner's child, you need to apply to court. The legal requirements are outlined in [http://canlii.ca/t/84g5 BC’s adoption law]. It's a good idea to get legal advice on how to complete this kind of adoption.

The court will consider the '''child’s best interests''' when making decisions about their future. Children older than age seven will have a private interview. An adoption worker will ask questions to make sure they understand what it means to be adopted and to get their views on potential placement. Children age 12 and over must consent to their adoption.

Anyone who has a court order or enforceable agreement for contact with the child will be given notice about the adoption application.

==The process to adopt a child ==

===Step 1. Application to adopt===
The adoption process begins with an [https://belongingnetwork.com/adoption-permanency/adoption/adoption-step-by-step/ application to adopt]. An [https://belongingnetwork.com/adoption-permanency/adoption/adoption-agencies/ adoption representative] (such as a licensed adoption agency or the Ministry of Children and Family Development) then reviews the application. They:

* check references
* conduct a criminal record check
* conduct a medical check
* complete a prior contact search through the ministry (including similar searches in any other jurisdiction the applicant has lived in)

After submitting the application, the applicant ''must'' take adoption training, such as the [https://belongingnetwork.com/resources-education/leap/ Adoption Education Program Online].

===Step 2. Homestudy===

A social worker conducts a '''homestudy'''. This involves six to eight visits to the home of the prospective adoptive parents.

===Step 3. Placement===

The adoption representative carefully considers whether the prospective family meets the best interests of a child. If the prospective family is chosen, the representative calls the prospective adoptive parents with a potential '''placement'''. If the placement is accepted, a transition plan is made to place the child in the adoptive home.

===Step 4. Application for the adoption order===

For the first six months, the social worker visits the child in the home.

After the child has lived with the adoptive parents for at least six months, the parents can apply to court for an adoption order. If it’s a ministry adoption, the social worker makes the court application for the parents.

If the court is satisfied that the proposed adoption is in the child’s best interests, it makes the '''adoption order'''.

==Common questions==
===What if the child is Indigenous?===

Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec3_smooth BC’s adoption law], special consideration is given to Indigenous heritage. If the child is Indigenous, the importance of preserving their cultural identity must be considered in determining the child’s best interests.

If the child is under 12 and the birth parent or other guardian doesn’t object, the Ministry of Children & Family Development or adoption agency will notify the child’s Indigenous community and consult with them about planning for the adoption.

Under the [http://canlii.ca/t/7vhk federal ''Indian Act''], an Indigenous person who is adopted doesn’t lose any rights or privileges they have as a “status Indian” under the Act and other laws like the ''Income Tax Act''.

===Can a birth parent choose an open adoption?===
Yes, the birth parents and adoptive parents can choose to stay in touch with each other after a child is adopted. Before an adoption order is made, the birth parents and adoptive parents can agree on how much and what type of ongoing communication or contact they want going forward. If an agreement isn’t made before the adoption order, they can register with the post-adoption openness registry. [[Adoption_Registries|Our information on adoption registries has more on open adoptions]].

===What if I want to adopt a child from another country?===
To adopt a child from another country, you must use one of the licensed adoption agencies in BC. You should tell them your plan early in the process if you want to adopt a child from outside of Canada.

Like BC adoptions, an international adoption requires a homestudy. This will help determine if you’re the right fit for the adoption.

===What information is given to the birth and adoptive parents?===
Before a child is placed with their adoptive parents, the Ministry of Children & Family Development or the adoption agency must explain the adoption process, and its alternatives, to the birth parents. The ministry gathers as much information as possible about the medical and social history of the child’s birth family. It preserves this information for the child and gives a copy to the adoptive parents.

===What is the effect of an adoption?===
Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec37 BC’s adoption law], once a child is adopted:

* the child becomes the child of the adoptive parent,
* the adoptive parent becomes the parent of the child, and
* the birth parents have no further parental rights or obligations to the child (unless a birth parent is parenting jointly with the adoptive parent).

After an adoption order is made, the child has only one set of parents: the adoptive parents. The birth parents no longer have any rights to see the child or make any parenting decisions. They have no obligation to pay child support.

An adoption also affects inheritance claims. A child who has been legally adopted by adoptive parents (unless they were adopted by the parent’s spouse) is not entitled to inherit from their biological parent’s estate.

==Who can help==

===With more information===
The '''Ministry of Children & Family Development''' has information about adoption on its website.

* [http://gov.bc.ca/mcfd Visit website]

There are children in BC waiting for an adoptive family right now. '''Adopt BC Kids''' features information on applying for a waiting child.

* [http://adopt.gov.bc.ca/ Visit website]

The '''Adoptive Families Association of BC''' supports the adoption community at all ages and stages through education, counselling, and advocacy.

* Call 1-877-236-7807 (toll-free)
* [http://bcadoption.com/ Visit website]

The '''BC Supreme Court''' has a [https://www.bccourts.ca/supreme_court/self-represented_litigants/Supreme%20Court%20Document%20Packages/Adoption%20Package.docx package of information and forms on their website]. People who are representing themselves can use the package to make a basic adoption application.

* [https://www.bccourts.ca/supreme_court/self-represented_litigants/info_packages.aspx Visit website]

===Free and low-cost legal help===
Options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help|See our information on free and low-cost legal help]].

{{Dial-A-Law_Navbox|type=families}}
{{Dial-A-Law Copyright}}

Adoption of a Child

2025-04-13T03:24:19Z

Elena Renderos: /* Who handles adoptions in BC */

{{REVIEWEDPLS | reviewer = [http://gov.bc.ca/mcfd Adoption Branch], Ministry of Children & Family Development|date= February 2020}} {{Dial-A-Law TOC|expanded = children}}
'''Adoption''' can be a happy event for two families. But first there are legal matters to take care of — the transfer of parental rights and responsibilities for a child from one family to another. Learn what’s involved in adopting a child or placing a child for adoption.

==What you should know==

===There are several types of adoption===
There are different ways to adopt a child in BC.

[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec4_smooth Under the law in BC], a parent or guardian may place a child for adoption. They can place the child with an adoption agency to find an adoptive family or work with an agency to place the child with someone they know (who is not a relative). This type of adoption is called a '''direct placement'''.

A child can be placed into the permanent '''care of the provincial government'''. This is called foster care. The goal is to reunite the child with their birth family. But in some circumstances, this isn’t possible or isn’t in the child's best interests. [https://adopt.gov.bc.ca/ These children are placed in the Adopt BC Kids program].

BC’s licensed adoption agencies help with '''international adoptions'''. These involve adopting a child from another country.

A family may want to adopt a '''relative or partner's child'''. It could be a niece or nephew, for instance, or the child of your new partner. To adopt a child related to you by blood, or to adopt your partner's child, you need to apply to the BC Supreme Court.

===Who can adopt a child===

An adult (someone age 19 years or older) who lives in BC can adopt a child in the province. A person does not need to be married to adopt a child. You can apply to adopt a child if you're single or in an opposite-sex or same-sex relationship.

A child may be placed for adoption with one adult or two adults jointly.

===Who handles adoptions in BC===

Only the BC government, or an agency licensed by it, can handle an adoption in BC. [https://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/children-and-family-development The Ministry of Children & Family Development] helps with the adoption of BC children living in foster care.

[https://belongingnetwork.com/adoption-permanency/adoption/adoption-agencies/ Adoption agencies licensed by the BC government] handle various types of adoptions. A licensed adoption agency must be involved before adoptive parents receive the child. This is true even for a direct placement, where the birth parents choose the adoptive parents.

===It’s illegal to pay or accept payment for an adoption ===

Birth parents can’t be paid for placing a child for adoption. [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec84_smooth Under BC law], it’s illegal, with a few specific exceptions.

The '''exceptions''' are:

* A '''parent or guardian''' can accept money from a prospective adoptive parent to cover certain expenses. For example, the birth mother can be paid for medical services for the birth of the child, as well as accommodation and transportation of the child.
* An '''adoption agency''' can receive fees and expenses up to certain limits set under the law.
* A '''lawyer''' can receive reasonable fees and expenses for providing legal services related to the adoption.
* A '''health care provider''' can receive reasonable fees and expenses for giving medical services to:
** a child being adopted, or
** the birth mother in connection with the pregnancy or birth.

The Ministry of Children & Family Development doesn’t charge people to adopt a child in care.

===Who must consent to an adoption===
'''A birth mother''' must consent to an adoption unless the child is in the permanent care of the child protection authorities. Her consent is valid only if the child is '''at least 10 days old''' when she gives it. The consent must be in a specific written form. Other documents are also required.

'''A biological father’s''' consent is usually required too. But there are exceptions. For example, a court can be asked to do away with the biological father’s consent if:

* he can’t be found, or
* it’s in the child’s best interests to do so.

Any other '''parent or guardian''' of the child must also consent to an adoption.

If a '''child is age 12 or older''', they must consent to being adopted.

====If the mother or father changes their mind====
A person who consented to their child's adoption may '''revoke''' their consent (cancel it) before the child is placed for adoption.

As well, the birth mother may revoke her consent to the adoption in writing within 30 days of the child’s birth. This can happen even if the child has already been placed for adoption.

A child who has consented to their adoption has until the adoption order is granted to revoke their consent.

A revocation must be '''in writing'''. It must be given directly to the adoption agency or the BC director of adoptions.

====The child’s perspective====
If a child is age 12 or older, they must consent to being adopted. The views of a child between ages seven and 11 must be considered. If the child is mature enough, the child must receive counselling about the effects of adoption.

===Factors considered in placing a child for adoption===
Under BC law, the most important consideration in placing a child for adoption is the '''best interests of the child'''. The relevant factors here are set out in the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec3_smooth ''Adoption Act''] and the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-46/latest/rsbc-1996-c-46.html#sec4_smooth ''Child, Family and Community Service Act'']. They include:

* the child's safety
* the child's physical and emotional needs and level of development
* the importance of continuity in the child's care
* the child having a positive relationship with a parent and a secure place as a member of a family
* the quality of the child’s relationship with a parent or other individual, and the effect of maintaining that relationship
* the child's cultural, racial, linguistic, and religious heritage
* the child's views
* the effect on the child if a decision is delayed

===Relative or stepparent adoption of a child===

Someone may want to adopt a '''relative or partner's child'''. For instance, they may want to adopt a grandchild or the child of their new partner.

In order to adopt a child related to you by blood, or to adopt your partner's child, you need to apply to court. The legal requirements are outlined in [http://canlii.ca/t/84g5 BC’s adoption law]. It's a good idea to get legal advice on how to complete this kind of adoption.

The court will consider the '''child’s best interests''' when making decisions about their future. Children older than age seven will have a private interview. An adoption worker will ask questions to make sure they understand what it means to be adopted and to get their views on potential placement. Children age 12 and over must consent to their adoption.

Anyone who has a court order or enforceable agreement for contact with the child will be given notice about the adoption application.

==The process to adopt a child ==

===Step 1. Application to adopt===
The adoption process begins with an [https://www.bcadoption.com/node/567 application to adopt]. An [http://www.bcadoption.com/agencies adoption representative] (such as a licensed adoption agency or the Ministry of Children and Family Development) then reviews the application. They:

* check references
* conduct a criminal record check
* conduct a medical check
* complete a prior contact search through the ministry (including similar searches in any other jurisdiction the applicant has lived in)

After submitting the application, the applicant ''must'' take adoption training, such as the [https://www.bcadoption.com/adoption-education-program-online Adoption Education Program Online].

===Step 2. Homestudy===

A social worker conducts a '''homestudy'''. This involves six to eight visits to the home of the prospective adoptive parents.

===Step 3. Placement===

The adoption representative carefully considers whether the prospective family meets the best interests of a child. If the prospective family is chosen, the representative calls the prospective adoptive parents with a potential '''placement'''. If the placement is accepted, a transition plan is made to place the child in the adoptive home.

===Step 4. Application for the adoption order===

For the first six months, the social worker visits the child in the home.

After the child has lived with the adoptive parents for at least six months, the parents can apply to court for an adoption order. If it’s a ministry adoption, the social worker makes the court application for the parents.

If the court is satisfied that the proposed adoption is in the child’s best interests, it makes the '''adoption order'''.

==Common questions==
===What if the child is Indigenous?===

Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec3_smooth BC’s adoption law], special consideration is given to Indigenous heritage. If the child is Indigenous, the importance of preserving their cultural identity must be considered in determining the child’s best interests.

If the child is under 12 and the birth parent or other guardian doesn’t object, the Ministry of Children & Family Development or adoption agency will notify the child’s Indigenous community and consult with them about planning for the adoption.

Under the [http://canlii.ca/t/7vhk federal ''Indian Act''], an Indigenous person who is adopted doesn’t lose any rights or privileges they have as a “status Indian” under the Act and other laws like the ''Income Tax Act''.

===Can a birth parent choose an open adoption?===
Yes, the birth parents and adoptive parents can choose to stay in touch with each other after a child is adopted. Before an adoption order is made, the birth parents and adoptive parents can agree on how much and what type of ongoing communication or contact they want going forward. If an agreement isn’t made before the adoption order, they can register with the post-adoption openness registry. [[Adoption_Registries|Our information on adoption registries has more on open adoptions]].

===What if I want to adopt a child from another country?===
To adopt a child from another country, you must use one of the licensed adoption agencies in BC. You should tell them your plan early in the process if you want to adopt a child from outside of Canada.

Like BC adoptions, an international adoption requires a homestudy. This will help determine if you’re the right fit for the adoption.

===What information is given to the birth and adoptive parents?===
Before a child is placed with their adoptive parents, the Ministry of Children & Family Development or the adoption agency must explain the adoption process, and its alternatives, to the birth parents. The ministry gathers as much information as possible about the medical and social history of the child’s birth family. It preserves this information for the child and gives a copy to the adoptive parents.

===What is the effect of an adoption?===
Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec37 BC’s adoption law], once a child is adopted:

* the child becomes the child of the adoptive parent,
* the adoptive parent becomes the parent of the child, and
* the birth parents have no further parental rights or obligations to the child (unless a birth parent is parenting jointly with the adoptive parent).

After an adoption order is made, the child has only one set of parents: the adoptive parents. The birth parents no longer have any rights to see the child or make any parenting decisions. They have no obligation to pay child support.

An adoption also affects inheritance claims. A child who has been legally adopted by adoptive parents (unless they were adopted by the parent’s spouse) is not entitled to inherit from their biological parent’s estate.

==Who can help==

===With more information===
The '''Ministry of Children & Family Development''' has information about adoption on its website.

* [http://gov.bc.ca/mcfd Visit website]

There are children in BC waiting for an adoptive family right now. '''Adopt BC Kids''' features information on applying for a waiting child.

* [http://adopt.gov.bc.ca/ Visit website]

The '''Adoptive Families Association of BC''' supports the adoption community at all ages and stages through education, counselling, and advocacy.

* Call 1-877-236-7807 (toll-free)
* [http://bcadoption.com/ Visit website]

The '''BC Supreme Court''' has a [https://www.bccourts.ca/supreme_court/self-represented_litigants/Supreme%20Court%20Document%20Packages/Adoption%20Package.docx package of information and forms on their website]. People who are representing themselves can use the package to make a basic adoption application.

* [https://www.bccourts.ca/supreme_court/self-represented_litigants/info_packages.aspx Visit website]

===Free and low-cost legal help===
Options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help|See our information on free and low-cost legal help]].

{{Dial-A-Law_Navbox|type=families}}
{{Dial-A-Law Copyright}}

Workers' Compensation

2024-11-06T05:48:15Z

Elena Renderos: /* What type of injuries and illnesses are covered by workers’ compensation? */

{{REVIEWEDPLS | reviewer = [https://www.ascentemploymentlaw.ca/about-us Richard Johnson], Ascent Employment Law and [https://www.mooreedgarlyster.com/lawyers/sara-hanson Sara Hanson], Moore Edgar Lyster LLP|date= November 2024}} {{Dial-A-Law TOC|expanded = work}}
Getting hurt or ill on the job not only impacts your health, but can leave you without a source of income. That’s where British Columbia’s workers’ compensation program comes in.

{| class="wikitable"
|align="left"|'''Start here, then go further'''
This information features common questions about workers’ compensation in British Columbia. [https://www.peopleslawschool.ca/workers-compensation-claim/ The People's Law School website goes more in-depth, including on the steps to make a workers’ compensation claim].
|}

==Common questions==
===What type of injuries and illnesses are covered by workers’ compensation?===
The program covers a wide range of occupational injuries and illnesses, including:
* '''physical injuries''', such as a broken bone, burn, or concussion
* '''diseases''', such as cancer or a respiratory disease like asbestosis
* '''psychological injuries''' (the law uses the term '''mental disorders'''), such as diagnosed anxiety caused by harassment or some other traumatizing incident at work

For your claim to be successful, the injury or illness must have arisen out of and in the course of your employment.

For more, see our [https://www.peopleslawschool.ca/workers-compensation-claim/ in-depth coverage].

===What do I do if I get injured at work?===
First, report the injury to your employer right away. They’re responsible for getting you any necessary first aid and taking you to a medical facility (if needed).

Second, see your physician. Your doctor will recommend treatment, and may refer you to another health care practitioner. Ask them if there are modified work duties you can continue during your recovery. Make sure to let your health care providers know you were injured at work.

Third, start a claim for '''workers’ compensation'''. This is a BC government program that compensates workers who suffer a workplace injury or illness. We have in-depth coverage of [https://www.peopleslawschool.ca/workers-compensation-claim/ making a claim for workers’ compensation].

===If my workers’ compensation claim is accepted, what do I receive?===

WorkSafeBC — the agency that runs BC’s workers’ compensation program — offers a variety of benefits and services to those who are eligible. Depending on the nature of injury or illness, you could receive:
* health care benefits and services, to cover the cost of health care services and supplies considered reasonably necessary to treat your injury or illness
* wage-loss benefits, to compensate you if you lose pay as a result of your injury or illness
* vocational rehabilitation services, a collaborative process to help you safely transition back to the job you were doing
* permanent disability benefits, to compensate you if your disability is likely to impair your future earning capacity

If you had a condition that predated the workplace injury, workers’ compensation only covers you for the problems caused specifically by the workplace injury.

We explain each type of benefit in our guidance on [https://www.peopleslawschool.ca/workers-compensation-claim/ making a claim for workers’ compensation].

===I’m self-employed. Am I eligible for workers’ compensation?===
In BC, there’s no requirement for self-employed workers to register for coverage under the workers’ compensation program. But if you’re self-employed, you may be able to purchase '''optional coverage'''. This would cover your lost salary and medical expenses if you’re injured on the job.

The WorkSafeBC website explains [https://www.worksafebc.com/en/insurance/need-coverage/optional-coverage/personal-optional-protection how to apply for optional coverage].

===I got fired after returning to work from an injury. Is that allowed?===
There are two ways in which this may not be allowed. First, if your employer has more than 20 workers and you were in the job for at least 12 months before your injury, your employer has a duty to maintain your employment. If the employer fires you within six months after you return to work, the law assumes the employer failed to meet this duty. The employer can counter this by showing the dismissal wasn’t related to your injury. If you have concerns, you can ask WorkSafeBC to investigate.

The second way this may not be allowed is if it amounts to '''discrimination'''. Under BC’s human rights law, your employer can’t mistreat you based on a personal characteristic that the law protects. If you think your employer fired you due to your disability, that could be discrimination.

[https://www.peopleslawschool.ca/workers-compensation-claim/ For more on these points, see our in-depth guidance].

==Who can help==
===With a claim===

:'''WorkSafeBC'''
:Deals with complaints about unsafe working conditions and injuries on the job.
:Call 1-888-967-5377
:[https://www.worksafebc.com/ Visit website]

:'''Workers’ Advisers Office'''
:A government office that helps workers with claims for workers’ compensation benefits. They are separate from WorkSafeBC and there’s no charge for their services.
:Call 1-800-663-4261
:[https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/personal-injury-and-workplace-safety Visit website]

{{Dial-A-Law_Navbox|type=work}}
{{Dial-A-Law Copyright}}

Workers' Compensation

2024-11-06T05:47:49Z

Elena Renderos:

{{REVIEWEDPLS | reviewer = [https://www.ascentemploymentlaw.ca/about-us Richard Johnson], Ascent Employment Law and [https://www.mooreedgarlyster.com/lawyers/sara-hanson Sara Hanson], Moore Edgar Lyster LLP|date= November 2024}} {{Dial-A-Law TOC|expanded = work}}
Getting hurt or ill on the job not only impacts your health, but can leave you without a source of income. That’s where British Columbia’s workers’ compensation program comes in.

{| class="wikitable"
|align="left"|'''Start here, then go further'''
This information features common questions about workers’ compensation in British Columbia. [https://www.peopleslawschool.ca/workers-compensation-claim/ The People's Law School website goes more in-depth, including on the steps to make a workers’ compensation claim].
|}

==Common questions==
===What type of injuries and illnesses are covered by workers’ compensation?===
The program covers a wide range of occupational injuries and illnesses, including:
* '''physical injuries''', such as a broken bone, burn, or concussion
* '''diseases''', such as cancer or a respiratory disease like asbestosis
* '''psychological injuries''' (the law uses the term mental disorders), such as diagnosed anxiety caused by harassment or some other traumatizing incident at work

For your claim to be successful, the injury or illness must have arisen out of and in the course of your employment.

For more, see our [https://www.peopleslawschool.ca/workers-compensation-claim/ in-depth coverage].

===What do I do if I get injured at work?===
First, report the injury to your employer right away. They’re responsible for getting you any necessary first aid and taking you to a medical facility (if needed).

Second, see your physician. Your doctor will recommend treatment, and may refer you to another health care practitioner. Ask them if there are modified work duties you can continue during your recovery. Make sure to let your health care providers know you were injured at work.

Third, start a claim for '''workers’ compensation'''. This is a BC government program that compensates workers who suffer a workplace injury or illness. We have in-depth coverage of [https://www.peopleslawschool.ca/workers-compensation-claim/ making a claim for workers’ compensation].

===If my workers’ compensation claim is accepted, what do I receive?===

WorkSafeBC — the agency that runs BC’s workers’ compensation program — offers a variety of benefits and services to those who are eligible. Depending on the nature of injury or illness, you could receive:
* health care benefits and services, to cover the cost of health care services and supplies considered reasonably necessary to treat your injury or illness
* wage-loss benefits, to compensate you if you lose pay as a result of your injury or illness
* vocational rehabilitation services, a collaborative process to help you safely transition back to the job you were doing
* permanent disability benefits, to compensate you if your disability is likely to impair your future earning capacity

If you had a condition that predated the workplace injury, workers’ compensation only covers you for the problems caused specifically by the workplace injury.

We explain each type of benefit in our guidance on [https://www.peopleslawschool.ca/workers-compensation-claim/ making a claim for workers’ compensation].

===I’m self-employed. Am I eligible for workers’ compensation?===
In BC, there’s no requirement for self-employed workers to register for coverage under the workers’ compensation program. But if you’re self-employed, you may be able to purchase '''optional coverage'''. This would cover your lost salary and medical expenses if you’re injured on the job.

The WorkSafeBC website explains [https://www.worksafebc.com/en/insurance/need-coverage/optional-coverage/personal-optional-protection how to apply for optional coverage].

===I got fired after returning to work from an injury. Is that allowed?===
There are two ways in which this may not be allowed. First, if your employer has more than 20 workers and you were in the job for at least 12 months before your injury, your employer has a duty to maintain your employment. If the employer fires you within six months after you return to work, the law assumes the employer failed to meet this duty. The employer can counter this by showing the dismissal wasn’t related to your injury. If you have concerns, you can ask WorkSafeBC to investigate.

The second way this may not be allowed is if it amounts to '''discrimination'''. Under BC’s human rights law, your employer can’t mistreat you based on a personal characteristic that the law protects. If you think your employer fired you due to your disability, that could be discrimination.

[https://www.peopleslawschool.ca/workers-compensation-claim/ For more on these points, see our in-depth guidance].

==Who can help==
===With a claim===

:'''WorkSafeBC'''
:Deals with complaints about unsafe working conditions and injuries on the job.
:Call 1-888-967-5377
:[https://www.worksafebc.com/ Visit website]

:'''Workers’ Advisers Office'''
:A government office that helps workers with claims for workers’ compensation benefits. They are separate from WorkSafeBC and there’s no charge for their services.
:Call 1-800-663-4261
:[https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/personal-injury-and-workplace-safety Visit website]

{{Dial-A-Law_Navbox|type=work}}
{{Dial-A-Law Copyright}}

Workers' Compensation

2024-11-06T05:45:49Z

Elena Renderos:

{{REVIEWEDPLS | reviewer = [https://www.ascentemploymentlaw.ca/about-us Richard Johnson], Ascent Employment Law and [https://www.mooreedgarlyster.com/lawyers/sara-hanson Sara Hanson], Moore Edgar Lyster LLP|date= November 2024}} {{Dial-A-Law TOC|expanded = work}}
Getting hurt or ill on the job not only impacts your health, but can leave you without a source of income. That’s where British Columbia’s workers’ compensation program comes in.

==Common questions==
===What type of injuries and illnesses are covered by workers’ compensation?===
The program covers a wide range of occupational injuries and illnesses, including:
* '''physical injuries''', such as a broken bone, burn, or concussion
* '''diseases''', such as cancer or a respiratory disease like asbestosis
* '''psychological injuries''' (the law uses the term mental disorders), such as diagnosed anxiety caused by harassment or some other traumatizing incident at work

For your claim to be successful, the injury or illness must have arisen out of and in the course of your employment.

For more, see our [https://www.peopleslawschool.ca/workers-compensation-claim/ in-depth coverage].

===What do I do if I get injured at work?===
First, report the injury to your employer right away. They’re responsible for getting you any necessary first aid and taking you to a medical facility (if needed).

Second, see your physician. Your doctor will recommend treatment, and may refer you to another health care practitioner. Ask them if there are modified work duties you can continue during your recovery. Make sure to let your health care providers know you were injured at work.

Third, start a claim for '''workers’ compensation'''. This is a BC government program that compensates workers who suffer a workplace injury or illness. We have in-depth coverage of [https://www.peopleslawschool.ca/workers-compensation-claim/ making a claim for workers’ compensation].

===If my workers’ compensation claim is accepted, what do I receive?===

WorkSafeBC — the agency that runs BC’s workers’ compensation program — offers a variety of benefits and services to those who are eligible. Depending on the nature of injury or illness, you could receive:
* health care benefits and services, to cover the cost of health care services and supplies considered reasonably necessary to treat your injury or illness
* wage-loss benefits, to compensate you if you lose pay as a result of your injury or illness
* vocational rehabilitation services, a collaborative process to help you safely transition back to the job you were doing
* permanent disability benefits, to compensate you if your disability is likely to impair your future earning capacity

If you had a condition that predated the workplace injury, workers’ compensation only covers you for the problems caused specifically by the workplace injury.

We explain each type of benefit in our guidance on [https://www.peopleslawschool.ca/workers-compensation-claim/ making a claim for workers’ compensation].

===I’m self-employed. Am I eligible for workers’ compensation?===
In BC, there’s no requirement for self-employed workers to register for coverage under the workers’ compensation program. But if you’re self-employed, you may be able to purchase '''optional coverage'''. This would cover your lost salary and medical expenses if you’re injured on the job.

The WorkSafeBC website explains [https://www.worksafebc.com/en/insurance/need-coverage/optional-coverage/personal-optional-protection how to apply for optional coverage].

===I got fired after returning to work from an injury. Is that allowed?===
There are two ways in which this may not be allowed. First, if your employer has more than 20 workers and you were in the job for at least 12 months before your injury, your employer has a duty to maintain your employment. If the employer fires you within six months after you return to work, the law assumes the employer failed to meet this duty. The employer can counter this by showing the dismissal wasn’t related to your injury. If you have concerns, you can ask WorkSafeBC to investigate.

The second way this may not be allowed is if it amounts to '''discrimination'''. Under BC’s human rights law, your employer can’t mistreat you based on a personal characteristic that the law protects. If you think your employer fired you due to your disability, that could be discrimination.

[https://www.peopleslawschool.ca/workers-compensation-claim/ For more on these points, see our in-depth guidance].

==Who can help==
===With a claim===

:'''WorkSafeBC'''
:Deals with complaints about unsafe working conditions and injuries on the job.
:Call 1-888-967-5377
:[https://www.worksafebc.com/ Visit website]

:'''Workers’ Advisers Office'''
:A government office that helps workers with claims for workers’ compensation benefits. They are separate from WorkSafeBC and there’s no charge for their services.
:Call 1-800-663-4261
:[https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/personal-injury-and-workplace-safety Visit website]

{{Dial-A-Law_Navbox|type=work}}
{{Dial-A-Law Copyright}}

Free and Low-Cost Legal Help

2024-10-15T04:33:10Z

Elena Renderos: /* Justice Access Centres provide free help on a range of problems */

{{REVIEWEDPLS | reviewer = [https://www.peopleslawschool.ca/about/team People's Law School]|date= February 2023}} {{Dial-A-Law TOC|expanded = help}}
Options for free or low-cost legal help include legal aid, pro bono services, legal clinics, and advocates. As well, learn the best sources of legal information for resolving legal problems.

==What you should know==
===Legal aid covers some types of criminal, family, and immigration problems===
If you have a low income, and are facing some types of criminal, family, or immigration problems, you may be able to get a lawyer for free from '''legal aid'''. Contact Legal Aid BC by visiting [https://legalaid.bc.ca/ legalaid.bc.ca] or calling 604-408-2172 in Greater Vancouver or toll-free 1-866-577-2525 elsewhere in BC. Their website lists [https://legalaid.bc.ca/legal_aid/legalAidLocations.php legal aid service locations] across the province.

If you don't qualify for representation by a legal aid lawyer, you may still be eligible for other legal aid services. These include duty counsel and lawyers who provide telephone advice.

====Duty counsel====
Most courthouses have lawyers called '''duty counsel'''. They give free legal advice to people of limited means who have a case in the courthouse on that day. If you are in court on a criminal or family matter, they can give you brief advice. They may be able to speak for you in court on simple matters. For duty counsel hours in the courthouse in your community, visit [https://legalaid.bc.ca/legal_aid/legalAdvice legalaid.bc.ca] or contact your local legal aid office.

====Telephone advice====
If you have a low income and are experiencing a family law issue, you may be eligible for free legal advice over the telephone from a family lawyer. '''Family LawLINE''' lawyers give brief "next step" advice about family law issues. Call Legal Aid BC at 604-408-2172 in Greater Vancouver or toll-free 1-866-577-2525 elsewhere in BC.

If you are arrested or detained and in police custody, you can call the '''Brydges Line''' to speak with a lawyer. This is a free 24-hour emergency number for legal advice. Call toll-free 1-866-458-5500.

If you are in police custody awaiting a bail hearing, you can get legal advice over the phone during the evenings and on weekends and holidays. You can reach Legal Aid BC’s '''advice counsel lawyers''' by calling toll-free 1-888-595-5677.

===Justice Access Centres offer free help on a range of problems===
'''Justice Access Centres''' in Vancouver, Victoria, Surrey, Nanaimo, and Abbotsford provide help to assess your needs, provide information about your family law and related issues, and make referrals to services available for your situation. The Justice Access Centres offer free mediation services and limited legal advice services. They also contain staffed self-help resource rooms where anyone can:
* use computers for research, accessing court forms, and completing Parenting After Separation courses
* use printers and photocopiers
* access information, including family law reference materials
* receive one-on-one assistance

For more information, call 1-844-747-3963, or [https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/justice-access-centres visit the BC government website].

===With pro bono services, lawyers volunteer to help people of limited means===
“Pro bono” means “for the public good." With '''pro bono legal services''', lawyers volunteer to provide free legal advice and assistance to those who can’t afford a lawyer or get legal aid. Through '''Access Pro Bono''', volunteer lawyers provide summary legal advice at a network of legal clinics around British Columbia. Other Access Pro Bono programs provide representation services in limited situations. Call 604-878-7400 in Greater Vancouver or toll-free 1-877-762-6664 from elsewhere in the province, or visit their website at [https://www.accessprobono.ca/get-legal-help accessprobono.ca].

===Specialized legal assistance for disadvantaged people===
Dozens of agencies provide legal assistance in specific areas to people who are disadvantaged or of limited means.

'''Community Legal Assistance Society''' (CLAS) provides legal advice and assistance to people who are disadvantaged or whose human rights need protection. Visit [http://www.clasbc.net/ clasbc.net] or call 604-685-3425 in Vancouver or toll-free 1-888-685-6222.

'''Native Courtworker and Counselling Association of BC''' provides culturally appropriate services to Indigenous people in communities across BC. Courtworkers help Indigenous people charged with a crime understand their rights and options, and navigate the court system. For more information, visit [http://www.nccabc.ca/ nccabc.ca] or call toll-free 1-877-811-1190.

The '''Tenant Resource & Advisory Centre''' (TRAC) offers a telephone infoline to help tenants experiencing legal problems. They also provide free representation to tenants at dispute resolution hearings in limited situations. Call 604-255-0546 in Vancouver or toll-free 1-800-665-1185 or visit [http://tenants.bc.ca/ tenants.bc.ca].

'''MOSAIC''' provides legal advice and representation to low-income immigrants and refugees. They help newcomers navigate the Canadian legal system. Call 604-254-9626 in Vancouver or visit [https://www.mosaicbc.org/ mosaicbc.org].

In communities across the province, '''advocates''' provide free support and advocacy to low-income and marginalized people experiencing legal problems. Advocates help with legal problems such as tenancy or work problems, family violence, accessing government benefits, and immigration issues. Advocates work mostly out of community agencies, such as community service centres, churches or women's centres. Advocates are trained to help people assert their rights, including with the paperwork involved. PovNet has a '''Find an Advocate Map''' at [https://www.povnet.org/find-an-advocate povnet.org]. '''Clicklaw’s HelpMap''' at [http://www.clicklaw.bc.ca/helpmap clicklaw.bc.ca/helpmap] lists dozens of advocates in BC.

===Student legal clinics provide assistance in some communities===
At '''student legal clinics''' in the Lower Mainland and Victoria, law students can help those who would otherwise be unable to afford legal assistance. The students help with legal problems such as tenancy or work problems, accessing government benefits, (less serious) criminal charges, and small claims cases. In the Lower Mainland, call 604-822-5791 or visit [http://www.lslap.bc.ca/ lslap.bc.ca]. In the Victoria area, call 250-385-1221 or visit [https://thelawcentre.ca/ thelawcentre.ca].

===You can get a low-cost consultation with a private lawyer===
Lawyers across BC participate in the '''Lawyer Referral Service''', which can connect you with a lawyer for a free 15-minute consultation. The service is operated by Access Pro Bono. Call 604-687-3221 in the Lower Mainland or 1-800-663-1919 toll-free elsewhere in BC, or visit [https://www.accessprobono.ca/our-programs/lawyer-referral-service accessprobono.ca]. After you explain your problem, the service will give you the name of a lawyer who does that type of law in your area of the province. You contact the lawyer to make an appointment. The lawyer will meet with you for a free consultation for up to 15 minutes. The lawyer can provide some initial advice on your options. Then, if you and the lawyer agree, you can hire that lawyer at their regular rates.

More generally, if you want to talk to a lawyer, but are afraid of what it might cost, call the lawyer. Ask what they charge for an initial consultation. Some lawyers don’t charge for the first interview and others charge very little.

===You can hire a lawyer to handle parts of your legal matter===
Instead of hiring a lawyer to handle your entire legal matter, you can hire a lawyer to handle specific parts. Doing so “unbundles” these tasks from the parts you can do yourself. With '''unbundled legal services''', you get assistance where you need it most, at a cost you can manage. You pay only for the tasks the lawyer works on.

For example, if you’re going to court, you can hire a lawyer to help you prepare documents or to coach you on how to present your case.

Unbundling works well for many people and many types of legal matters — but not for all. To learn about unbundled legal services and whether it might be a good fit for your situation, see [https://unbundlinglaw.peopleslawschool.ca/ unbundlinglaw.ca].

===Top sources of free legal information===
There is a wealth of free legal information available online. Here are some of the best sources for British Columbians.

'''Clicklaw''' is a website operated by Courthouse Libraries BC to provide access to legal information for the layperson. It covers dozens of topics, and features problem-solving information. Visit [https://www.clicklaw.bc.ca/ clicklaw.bc.ca].

Courthouse Libraries BC also provides '''Clicklaw Wikibooks''', plain language legal publications that are born-wiki and can also be printed. See [http://wiki.clicklaw.bc.ca/ wiki.clicklaw.bc.ca].

'''People’s Law School''' is a non-profit society dedicated to making the law accessible to everyone. Their website at [https://www.peopleslawschool.ca/ peopleslawschool.ca] provides free education and information to help people deal with the legal problems of daily life. Featured topics include consumer and debt problems, problems at work, and wills and estates.

'''Legal Aid BC''', the legal aid provider in the province, provides free legal information on family law, criminal law, immigration, and Aboriginal legal issues. Their main website [https://legalaid.bc.ca/ legalaid.bc.ca] includes many publications in languages other than English. Their '''Family Law in BC''' website at [https://family.legalaid.bc.ca/ family.legalaid.bc.ca] features self-help information for people in family disputes. Information for Aboriginal people is available on their '''Aboriginal Legal Aid in BC''' website at [https://aboriginal.legalaid.bc.ca/ aboriginal.legalaid.bc.ca].

'''Justice Education Society''' improves the legal capability of people through education programs and resources to strengthen legal knowledge, skills and confidence. Visit [https://www.justiceeducation.ca/ justiceeducation.ca].

In communities across BC, '''public libraries''' provide access to books and resources about the law aimed at non-lawyers. Librarians can help in finding what you need. Visit [https://newtobc.ca/bc-libraries/ newtobc.ca/bc-libraries] for a map of public libraries across the province.

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Introduction to Spousal Support

2024-10-14T19:34:09Z

Elena Renderos: /* Who can help */

{{REVIEWEDPLS | reviewer = [http://bhmlawyers.ca/team-2/samantha-rapoport/ Samantha Rapoport], Brown Henderson Melbye|date= March 2021}} {{Dial-A-Law TOC|expanded = divorce}}
The breakup of a relationship can leave partners on an unequal financial footing. A spouse who’s struggling moneywise may ask the other for help. Learn about '''spousal support'''.

{| class="wikitable"
|align="left"|'''Alert!'''
This information has been updated to reflect [https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing changes to the ''Divorce Act''] that took effect on March 1, 2021.
|}

==What you should know==

===What spousal support is for===
'''Spousal support''' is money paid by one spouse (the payor) to the other (the recipient) after separation. It’s meant to:

* help with living costs and ease financial strain the breakup may have caused
* assist a spouse who’s struggling financially because of the relationship or its breakdown
* compensate a spouse for their role in the relationship (for example, a spouse who sacrificed their career to care for children)
* help each spouse become financially independent within a reasonable amount of time

Spousal support is usually paid under an agreement or court order after a relationship ends. This doesn’t automatically happen — you have to '''apply''' for spousal support. Anyone who was in a married or unmarried '''spousal''' relationship can do so. Each couple’s circumstances will determine how much support is paid, if any.

===Who can claim spousal support===
Anyone who qualifies as a '''spouse''' can ask for spousal support after separation.

There are two laws that deal with spousal support: the federal ''Divorce Act'' and the provincial ''Family Law Act''. Under the federal [http://canlii.ca/t/7vbw ''Divorce Act''], spouses are people who are, or were, married to each other.

Under BC’s [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec3_smooth ''Family Law Act''], spouses are people who:

* are married,
* have lived together in a “marriage-like relationship” '''for at least two years''', or
* have lived together in a “marriage-like relationship” for less than two years and '''have a child together'''.

Married spouses can seek spousal support under '''either Act'''. Unmarried spouses can '''only''' ask for spousal support under the ''Family Law Act''.

===When a spouse can get spousal support===
Many factors determine whether a spouse can get spousal support. Some of these include:

* '''Length of the relationship'''. The longer the relationship, the more likely spousal support will be awarded.
* '''Difference in incomes'''. The greater the difference between the spouses’ incomes at the end of a relationship, the more likely spousal support will be awarded.
* '''Economic disadvantage'''. The worse off financially the relationship has left one spouse, the more likely that spouse will be awarded support. A struggling spouse may have left the workforce to raise a child, for example, leading them to miss out on developing job skills and on getting raises.
* '''Earning capacity'''. The less capable a spouse is of earning an income, the more likely spousal support will be awarded. Earning potential can be limited by things like family obligations (such as providing child care) or a serious illness.

During the relationship, one spouse might have been supporting the other financially. That arrangement doesn’t end at the moment of the breakup. The supporting spouse must continue to help the other. On the other hand, if the spouses have been self-supporting all along, neither spouse is likely to get financial help after separation.

===The effect of a spouse’s behaviour on support===
How a spouse acts usually doesn’t matter when it comes to spousal support. So, a spouse can still get support whether they’ve been, say, violent or unfaithful, or a victim of violence.

But, under BC family law, a court ''can'' look at how a spouse has acted to see whether:

* a recipient is taking steps to become self-sufficient, or
* a payor’s conduct unreasonably affects their ability to pay support (for example, a spouse quits their job so they don’t have to pay support).

===How much support a spouse can get===
Support payment amounts are usually based on the [https://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html Spousal Support Advisory Guidelines]. These guidelines — used by a court or by the parties themselves — help determine how much spousal support should be paid and for how long.

This can get complicated. Especially if the couple has a child. For help, you can use free online calculators, such as [http://www.mysupportcalculator.ca/ mysupportcalculator.ca]. They can do simple calculations and give you an idea of how much support you might get.

====Both spouses must provide full financial disclosure====
Both spouses must share all details about their financial situation with each other. It doesn’t matter whether they’re in court or trying to settle out of court. (Spouses often complete and exchange financial statements using the forms required by the courts, even when they’re not in a court proceeding.)

Financial statements help the spouses get a complete picture of their property and debts and their income and liabilities. Financial statements are usually provided along with important documents like income tax returns, tax assessments, and copies of financial documents such as bank statements.

===How long spousal support is paid for===
Once it’s clear that spousal support is owed, and how much is payable, the next question is: for how long? The answer often depends on how long the spouses were together.

People leaving '''long''' relationships might receive spousal support for their whole lives — or at least until the payor of support retires. The courts recognize that the older a person is, the harder it generally is to get back into the workforce or to retrain.

People who’ve been in '''shorter''' relationships might receive support for a limited time. This is true especially where the recipient is either working outside the home or capable of working outside the home.

Each spouse is expected to make reasonable efforts to support themselves. For example, a spouse may need job training before going back to work. In that case, support payments may be limited to the time needed to complete that training.

===How to get spousal support===
Spouses can make arrangements for spousal support in a '''separation agreement'''. If they can’t agree, one of them can apply to court for a '''spousal support order'''.

====Which court to go to====
A married spouse can apply for spousal support in:

* BC Supreme Court, under the ''Divorce Act'' or the ''Family Law Act'', or
* the Provincial Court, under the ''Family Law Act''.

An unmarried spouse can apply for spousal support in either the Supreme Court or the Provincial Court under the ''Family Law Act''.

Each court has its own rules and forms. For Provincial Court, [[Provincial (Family) Court|see our information on Provincial (Family) Court]].

====Getting “interim” support====
While the court case is ongoing, either spouse may ask the court for an '''interim order''' for spousal support. This is a temporary order meant to last until the case is settled or goes to trial. For more on interim orders in Supreme Court, [[Applying for an Interim Order in a Family Law Case in Supreme Court|see our information on applying for an interim order in a family law case in Supreme Court]].

When determining whether to make an order for interim support, the court will look at the “means and needs” of the parties. That is: does the recipient have the need for support, and does the payor have the means to pay?

{| class="wikitable"
|align="left"|'''Tip'''
Legal Aid BC’s '''Family Law in BC website''' has self-help guides that include step-by-step instructions and blank forms. You can use these guides to apply for an interim order in [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/supreme-court/get-interim-family-order-supreme-court-if#0 Supreme Court] or [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/provincial-court/get-interim-family-order-provincial-0#0 Provincial Court].
|}

==Common questions==

===Is there a time limit to ask for spousal support?===
It depends on which law you use and whether you’re a married or unmarried spouse. Under the ''Divorce Act'', there’s no time limit. A married spouse can ask for spousal support '''at any point''' after a divorce. But, in practice, it’s important to apply for spousal support in a timely way.

Under the ''Family Law Act'', married spouses have to start a court action for spousal support '''within two years''' of the date of their divorce or annulment. Unmarried spouses have to start a court action '''within two years''' of the date of their separation.

===What can I do if my spouse won’t pay the support?===
If your spouse doesn’t pay the spousal support required by a court order or agreement, the '''Family Maintenance Enforcement Program''' can help. This free BC government program can help you collect the support payments you’re owed. It can monitor a support order to make sure payments continue to be made. For more, [[Enforcing Support Orders and Agreements|see our information on enforcing support orders and agreements]].

===Can I change a spousal support order?===
What if, after spousal support has been court ordered or agreed to, one spouse has a big change in their financial circumstances — for better or worse? (Examples include a job loss or a wage increase.) In this case, either spouse can apply to change the support order or renegotiate the separation agreement. Generally, the change must be significant. And it can’t have been foreseeable when the support order or agreement was made.

Note that if you want to change an order and the other spouse lives outside of BC, there is a [https://family.legalaid.bc.ca/bc-legal-system/court-orders/when-more-one-province-or-country-involved/can-you-change-support-0 specific procedure] to follow under each of the BC ''Family Law Act'' and the federal ''Divorce Act''.

{| class="wikitable"
|align="left"|'''Tip'''
Legal Aid BC’s '''Family Law in BC website''' has self-help guides that include step-by-step instructions and blank forms. You can use these guides to apply to change a spousal support order or a court-filed agreement in [https://family.legalaid.bc.ca/bc-legal-system/court-orders/change-order-or-set-aside-agreement-made-bc/supreme-court/change-0#0 Supreme Court] or [https://family.legalaid.bc.ca/bc-legal-system/court-orders/change-order-or-set-aside-agreement-made-bc/change-order-or-set-0 Provincial Court].
|}

===What if I’m on income assistance?===
After a couple separates, one spouse might be receiving income assistance from the BC Ministry of Social Development and Poverty Reduction. That spouse may want help with getting an agreement or court order for spousal support. In this case, the ministry may step in to help the income assistance recipient. It may ask that spouse to [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/family-maintenance-services assign their rights to spousal support] to them. The ministry can then help with obtaining or defending a spousal support order or agreement, which can be enrolled with the Family Maintenance Enforcement Program for enforcement.

===What are the tax consequences of spousal support?===
Spousal support is considered '''taxable income''' for the spouse who receives it. It counts as a '''tax deduction''' for the spouse paying it. The recipient must report the income to the Canada Revenue Agency and pay tax on it, just like employment income. The payor can claim the payments as a tax deduction, just like RRSP contributions.

For spousal support payments to be taxable and deductible, the payments must be:

* paid because of a written agreement or a court order,
* made on a periodic basis, such as once a month or once every two weeks, and
* actually paid.

Other kinds of support payments — such as those made in a lump sum or “in kind” (that is, paid in services, not money) — aren’t taxable or deductible. It may be necessary to speak to a lawyer to confirm the tax status of spousal support payments.

When you’re figuring out how much spousal support should be paid, keep in mind the tax consequences of support payments. For more on this, [[Tax Implications of Support Payments|see our information on the tax implications of support payments]].

==Who can help==

===Free and low-cost legal help===
'''Family justice counsellors''' in Family Justice Centres and Justice Access Centres throughout BC can help couples understand spousal support, mediate and prepare a separation agreement, or help prepare materials to get a support order in Provincial Court. Their services are free.
* Call 1-844-747-3963
* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors Visit website]

'''Child support officers''' are specially trained to assist with spousal support in Provincial and Supreme Court. Their services are free.
* Call 1-844-747-3963
* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/family-law/spousal-support Visit website]

===With more information===
Legal Aid BC’s '''Family Law website''' features information on spousal support and has step-by-step guides for going to court in family matters.

* [https://familylaw.lss.bc.ca/finances-support/child-spousal-support/spousal-support Visit website]

The wikibook ''JP Boyd on Family Law'', hosted by Courthouse Libraries BC, has in-depth information on spousal support.

* [https://wiki.clicklaw.bc.ca/index.php/Spousal_Support Visit website]

{{Dial-A-Law_Navbox|type=families}}
{{Dial-A-Law Copyright}}

Children Born Outside Marriage

2024-10-14T19:31:43Z

Elena Renderos: /* Free and low-cost legal help */

{{REVIEWEDPLS | reviewer = [http://bhmlawyers.ca/team-2/samantha-rapoport/ Samantha Rapoport], Brown Henderson Melbye |date= April 2020}} {{Dial-A-Law TOC|expanded = children}}
Under BC law, a child born outside of marriage is treated the same as a child born to married parents. However, there are some implications for parents and other practical considerations for parents who have children born outside of marriage.

{| class="wikitable"
|align="left"|'''Alert!'''
This information has been updated to reflect [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 new Provincial Court Family Rules] that took effect on May 17, 2021.
|}

==What you should know==

===The legal status of a child born outside of marriage===
{{PLSStorybox
| image = [[File:Monika.png|link=]]
| text = “My partner Janine and I have a one-year-old daughter. We were together for 21 months before we broke up. Janine told me that because we weren’t married, she could decide when I saw our daughter. I spoke to a family lawyer for free and learned it didn’t matter that our daughter was born outside of marriage. I have the same parental rights and obligations as a married parent. After some help from a mediator, we now have a parenting agreement.” – Monika, Fort St. John, BC
}}

Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#Part_1_Interpretation_787 BC ''Family Law Act''], a child is a person under 19 years old. There’s no difference in the legal status of a child born to someone who is married and a child born to someone who is not married.

Put another way, a child born outside of marriage is treated exactly the same in BC law as a child born to married parents. It makes no difference whether a child is born to a single parent, to a person in a common-law relationship, to a couple in a same-sex relationship, or to a couple in an opposite-sex relationship.

===Registering the birth of a child born outside of marriage===
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-479/latest/rsbc-1996-c-479.html#sec3_smooth Under the law in BC], a parent must register the birth of a child with the government. This has to be done '''within 30 days after the child’s birth'''.

[https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/births/birth-registration Birth registration can be done online] by the birth mother and the other parent. Each parent must be present during the online registration to certify the registration.

Another option is to ask for a paper birth registration form by calling the Vital Statistics Agency. This is the government office that handles birth registrations. Call 250-952-2681 in Victoria, or 1-888-876-1633 elsewhere in BC.

Both parents must sign the birth registration form, unless one or both parents are incapable. If the child’s father is unknown or doesn’t acknowledge he’s the father, the child’s mother can sign the birth registration form alone.

===Choosing the child’s last name===
The parents may choose any last name they like for a child, as long as they agree on it. [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-479/latest/rsbc-1996-c-479.html#sec4_smooth Under BC law], if the parents can’t agree on a last name for a child, the child’s last name will be:

* the parents’ last names '''hyphenated''' (for example, “Leung-Boden”), or
* the parents’ last names combined in '''alphabetical order''' (for example, “Boden Leung”).

If only the birth mother signs the birth registration, she can choose the child’s last name.

===Placing a child for adoption===
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec4_smooth Under the law in BC], a parent or guardian of a child may place the child for adoption. This starts a process to legally transfer parental rights and responsibilities for the child to another family.

Usually both birth parents have to agree to place a child for adoption. A '''birth mother’s''' written consent is required unless the child is in the permanent care of the child protection authorities.

A '''biological father’s''' consent is usually required too, but there are exceptions. For example, a court can be asked to do away with the biological father’s consent if he can’t be found or if to do so is in the child’s best interests.

For more on adoption, [[Adoption of a Child|see our information on adoption]] and [[Adoption Registries|adoption registries]].

===Parents are generally guardians of a child===
[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec39_smooth Under the law in BC], while a child’s parents are living together and after they separate, each parent is the child’s '''guardian'''.

A parent who has never lived with their child is '''not''' a guardian unless:

* the parent regularly cares for the child,
* the parent and all of the child's guardians make an agreement that the parent is also a guardian, or
* they are a parent under a written agreement providing for the child’s birth through assisted reproduction.

A parent who isn’t a child’s guardian does not have “parental responsibilities” for the child. This means that parent doesn’t have a say in how the child is raised.

If a parent isn’t a guardian of their child, they can apply to court to become one. Other people (such as grandparents or step-parents) can also apply to court to become guardians.

===Guardians have parental responsibilities and parenting time===
[http://www.bclaws.ca/civix/document/id/complete/statreg/11025_04#section40 Under BC law], guardians of a child have '''parental responsibilities''' and '''parenting time'''. Together, these are called '''parenting arrangements'''.

====Parental responsibilities====
Parental responsibilities are the duties that guardians have while caring for a child. They are also the decisions guardians make about how to raise the child, based on the child’s best interests. This includes things like deciding where the child lives and goes to school, how the child gets treated when sick, the religion practiced by the child, and the language they speak.

Where two or more guardians share parental responsibilities, they must consult each other when making their decisions. But parental responsibilities can also be divided between a child’s guardians in a separation agreement, parenting plan, or court order. For example, a court might order that one guardian should be able to make final decisions about a child’s healthcare or education, if that would be in the child’s best interests.

====Parenting time====
The time a guardian spends with a child is called parenting time. During a guardian’s parenting time, the guardian is responsible for the care of the child, and making decisions about day-to-day matters involving the child.

===A parent has an obligation to pay child support===
'''Child support''' is every child’s right. Each parent is legally responsible to financially support their child. That’s the case whether the parents are married spouses, unmarried spouses, or not spouses at all. Even if you never lived with your child or the child’s other parent, you are still obligated to pay child support. A step-parent may also have an obligation to financially support a child.

The obligation to support a child lasts until the child reaches 19 years old (the age of majority in BC). A parent’s child support obligation may continue beyond age 19. This can happen if the child is financially dependent on the parent because of disability or illness, or because the child is pursuing post-secondary education.

For more about support obligations, [[Child Support (No. 117)|see our information on child support]].

==Common questions==

===Can a child’s birth certificate be changed later to show the other parent?===
If the parents agree, a child’s birth registration can be changed to list them both as parents. The parents can also change the child’s name on the birth registration.

If the parents don’t agree, the parent who wants to have their name added can apply to court for an order declaring they are the child’s parent. They can also ask that a child’s birth certificate be changed, including a change to the child’s last name. An application to the Vital Statistics Agency to change the child’s birth certificate can follow.

Before making name changes, though, the court has to believe that the change is in the child’s best interests. And if the child is age 12 or older, the child must consent in writing to the name change. If these conditions are satisfied, the court may order a change of the child’s last name to be the last name of either parent or a hyphenated combination of their last names.

===What are the inheritance rights of a child born outside marriage?===
What a child is entitled to inherit depends on a couple of things: whether the parent made a will, and whether the parent has a spouse or other children at the time of their death.

[https://www.canlii.org/en/bc/laws/stat/sbc-2009-c-13/latest/sbc-2009-c-13.html#sec21_smooth Under the law in BC], if a person dies without a will and has a spouse, the spouse is entitled to a certain share of their estate. The deceased’s children split what’s left, whether they’re born outside the marriage or to married parents.

If a person dies without a will and doesn’t have a spouse, their children are entitled to share in the whole estate, whether they’re born outside the marriage or not.

If a person dies with a will, their children receive whatever the deceased left to them in the will. But any child (whether born outside of marriage or to married parents) can apply to court to change the will if they feel their portion of the estate is not "adequate, just and equitable in the circumstances." [https://www.canlii.org/en/bc/laws/stat/sbc-2009-c-13/latest/sbc-2009-c-13.html#sec60_smooth BC law] requires a person in their will to provide adequate support for their spouse and children.

For more on inheritance rights, [[Challenging a Will|see our information on challenging a will]] and [[When Someone Dies Without a Will|when someone dies without a will]].

===If I break up with the other parent, how do issues affecting our child get sorted?===
If you and your child’s other parent break up, you need to figure out how you’ll make decisions about the child. This includes where the child will live and how much time the child will spend with each parent.

If you both agree on these issues, you can make a written agreement. [[Separation and Separation Agreements|We have information on separation agreements]].

If you can’t agree on these issues, you might consider '''mediation'''. This is a process where parties in conflict meet with a neutral person, called a mediator. The mediator helps you find a solution you can both agree on.

If you still can’t come to an agreement, one of you may decide to start a court action. A judge will make decisions according to the best interests of the child. The court can also make decisions about how often the child will see each parent (called '''parenting time''' or '''contact'''), and how parenting decisions will be made (called '''parental responsibilities''').

For more on these issues, see our information about [[Guardianship, Parenting Arrangements and Contact|guardianship, parenting arrangements, and contact]] and [https://dialalaw.peopleslawschool.ca/category/families/resolving-family-disputes/ resolving family disputes].

===Are parenting time and child support related?===
Paying child support is a legal obligation. But, it’s not simply a trade of money for time with the child. Nor is it a fee that’s paid to have time with the child. Though there are exceptions (such as in shared parenting situations), child support is not determined by the amount of parenting time or contact a parent has with a child. Rather, child support is determined based on the parent’s income. For more on this, [[Child Support (No. 117)|see our information on child support]].

===Who can become a child’s guardian?===
While a child’s parents are living together and after they separate, each parent is the child’s guardian.

A parent who has never lived with their child is a guardian if they regularly care for the child. They can also become a guardian by making a written agreement with the child's other guardians. Or they can apply to court to be made a guardian.

A person who isn’t a parent can apply to court to be made a guardian.

Someone can also become a child’s guardian through being named as one in a guardian's will. Or by being appointed when a guardian dies or becomes incapacitated.

{| class="wikitable"
|align="left"|'''Stepparents and guardians'''
Stepparents don't automatically become guardians. Not even if they're living with your children. If you want a stepparent to become a guardian for your children on your death, you have to appoint them in your will or [https://family.legalaid.bc.ca/sites/default/files/2019-04/appointmentStandbyTestamentaryGuardian_SC_PC_FORM.pdf in an appointment of standby or testamentary guardian form].
|}

===What’s involved in applying to court to become a guardian?===
If you apply to court to become a guardian, the [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec51_smooth law in BC] requires you to provide information about why that would be in the best interests of the child. You have to:
* fill out a [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa733.pdf?forcedownload=true guardianship affidavit] that provides information about any children that are or have been in your care (an affidavit is a legal document where you make statements about facts you say are true),
* get a criminal record check,
* get a record check from the child protection authorities, and
* get a record check from the BC government’s [https://www2.gov.bc.ca/gov/content/safety/crime-prevention/protection-order-registry protection order registry].

===I have a new spouse. Can we change my child’s last name to my spouse’s last name?===
A parent can apply to legally change their child’s last name. To do so, you need the agreement of several others involved. All other guardians of the child must agree. Your spouse must agree, if you want to change the child’s name to your spouse’s last name. And your child must agree, if the child is age 12 or over.

The Vital Statistics Agency can decide to approve an application for a name change even if a required consent is missing. For more about changing a child’s last name, [https://www2.gov.bc.ca/gov/content/life-events/legal-changes-of-name/legal-change-of-name-application see the agency’s website].

===Does a stepparent have an obligation to pay child support?===
Quite possibly. [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec146_smooth Under the law in BC], a '''stepparent''' is a spouse of the child's parent who lives with the child's parent and the child.

A stepparent may have a duty to provide support for a stepchild if:

* they contribute to the support of the child for at least one year, and
* a claim for child support is made against the stepparent '''within one year''' of their last contribution.

The stepparent's obligation to pay child support is '''secondary''' to that of the child's parents and guardians. When deciding if a stepparent should pay child support, a court looks at the child’s standard of living when they lived with the stepparent, and how long the child lived with the stepparent. A number of factors come into play. It’s a good idea to consult a lawyer if a stepparent is involved.

For more about support obligations, [[Child Support (No. 117)|see our information on child support]].

===I’m in a common-law relationship. Can I adopt my spouse’s child?===
You can apply to adopt a child in BC if you are 19 years or older and live in BC. You don't need to be married to adopt. You can apply to adopt if you're single or in an opposite-sex or same-sex relationship. For more on adoption, [[Adoption of a Child|see our information on adoption]] and [[Adoption Registries|adoption registries]].

===My ex-partner is abusive. What if I’m concerned for my child’s safety?===
If you or your children are being threatened by a former partner, you can apply for a '''protection order''' in either Provincial Court or Supreme Court. This is a court order to protect one person from another.

Anyone can apply for a protection order on behalf of a family member (such as a child) whom they believe is at risk of family violence. A protection order can say your partner must stay away from you and your children. It can also restrict how your partner communicates with you.

If your partner breaks this order, they can face criminal charges. For more on protection orders and other ways to stay safe, [[Family Violence (No. 155)|see our information on family violence]].

{| class="wikitable"
|align="left"|'''Self-help guide'''
Legal Aid BC’s Family Law in BC website has a [https://family.legalaid.bc.ca/abuse-family-violence/protecting-yourself-your-family/apply-family-law-protection-order#0 free step-by-step guide] for applying for a protection order in Provincial Court.
|}

==Who can help==

===With more information===

The wikibook ''JP Boyd on Family Law'' explains legal issues affecting children.

* [https://wiki.clicklaw.bc.ca/index.php/Children_in_Family_Law_Matters Visit website]

Legal Aid BC’s '''Family Law in BC website''' has information and self-help guides on legal issues affecting children.

* [https://familylaw.lss.bc.ca/children Visit website]

===Free and low-cost legal help===
'''Family justice counsellors''' in Family Justice Centres and Justice Access Centres throughout BC can help you with guardianship, parenting, child support, and related issues. Their services are free.
* Call 1-844-747-3963
* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors Visit website]

Other options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help|See our information on free and low-cost legal help]].

{{Dial-A-Law_Navbox|type=families}}
{{Dial-A-Law Copyright}}

Provincial (Family) Court

2024-10-14T19:28:32Z

Elena Renderos: /* With your case */

{{REVIEWEDPLS | reviewer = [https://www.peopleslawschool.ca/about/team/ People's Law School] |date= January 2022}} {{Dial-A-Law TOC|expanded = disputes}}
If you’re dealing with a family law issue, you may end up in Provincial Court (often called '''Family Court'''). There are advantages to using this court instead of BC Supreme Court. Learn what’s involved at each stage.

{| class="wikitable"
|align="left"|'''Alert!'''
This information has been updated to reflect [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 new Provincial Court Family Rules] that took effect on May 17, 2021 and amendments since then.
|}

==What you should know==

===Family Court can deal with many family law issues===
'''Family Court''' is a division of the [https://www.provincialcourt.bc.ca/types-of-cases/family-matters British Columbia Provincial Court]. (Other divisions of the Provincial Court deal with criminal, traffic, and small claims cases.)

Family Court deals with many, but not all, of the legal issues that affect families. It handles the following issues under the BC ''[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html Family Law Act]'':

* guardianship of a child and parental responsibilities
* parenting time and contact with a child
* child support and spousal support
* protection orders

Family Court also deals with child protection cases.

Family Court '''cannot''' make orders under the federal ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-3-2nd-supp/latest/rsc-1985-c-3-2nd-supp.html Divorce Act]''. It can’t:

* grant a divorce
* divide property or debts, or make orders about family property
* change an order that was made under the Divorce Act
* make adoption orders

For these issues, you have to go to the [https://www.bccourts.ca/supreme_court/ British Columbia Supreme Court]. This is the other court in BC that also deals with family law issues.

===Advantages of Family Court===
{{PLSStorybox
| image = [[File:Annika.png|link=]]
| text = “My spouse and I ended our 16-year relationship. After separating, we couldn’t reach an agreement about spousal support and who our three children should live with. So I started a court action in the Family Court near me. I didn’t have to pay court filing fees, and I found the process easier to follow than I expected. At our family settlement conference, we ended up with a consent order that resolved our issues.”
 – Annika, Maple Ridge, BC
}}

The BC Supreme Court can deal with all family law issues, including all of the issues Family Court deals with. So why would you want to go to Family Court?

Family Court has some advantages over Supreme Court:
* The Family Court forms are easier to understand. They’re written in plain language and include information on when to use them, next steps, and tips for completion.
* No court fees are charged in Family Court.
* The rules of court are simpler than the rules of the Supreme Court. Plus, the Family Court rules encourage people to try to resolve their issues by agreement earlier on in the court process.
* Family Courts have '''family justice counsellors''' available. These are specially trained government workers who can help people resolve certain types of family law issues, including through mediation. Their services are free and confidential.
* The atmosphere of Family Court is more informal.
* Many Family Courts have '''family duty counsel''' available. These are lawyers who provide free legal advice to help people with low incomes deal with their family law problems.

===The court process varies depending on the registry and order involved===
There are registries at various [https://www.provincialcourt.bc.ca/locations-contacts Provincial Courts throughout BC]. How the Family Court process works depends on the registry location and the type of court order you need.

Many Family Court registries have certain requirements you have to meet before you can get a date to appear in front of a judge. We explain these below, under stages in the court process.

But there are exceptions. In certain circumstances, you can fast forward the process. For example:

* If you’re experiencing family violence, you can apply for a '''protection order'''. This a court order to protect one person from another.
* If the other parent wants to move with the children or is refusing to agree to you taking them abroad on a planned holiday, you can apply for an '''order in a priority parenting matter'''.

{| class="wikitable"
|align="left"|'''Self-help guides'''
The Family Law in BC website from Legal Aid BC has step-by-step guides on [https://family.legalaid.bc.ca/abuse-family-violence/protecting-yourself-your-family/apply-family-law-protection-order-without#0 applying for a protection order] and [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/provincial-court/get-order-about-priority-parenting applying for a priority parenting matter order].
|}

===Options to resolve a case outside the courtroom===
Even after a family law case has been started, you can still try to resolve your issues without going to a hearing before a judge.

You might try '''negotiating''' with each other to try to reach an agreement. You could do this with or without the help of lawyers. You could also get help from other family members, elders, or other community members.

You could try '''mediation'''. This involves meeting with a neutral person (a mediator) who helps find a solution everyone can agree on. The mediator doesn’t make decisions, but instead helps the parties make decisions for themselves.

You can use a family justice counsellor as a mediator. Their services are free. (At some Provincial Court locations, parties are required to meet with a family justice counsellor as one of the first steps in the court process.) Or you can hire a private mediator.

Or you could try '''collaborative negotiation'''. This is also known as “collaborative family law.” It’s a kind of negotiation where each party has their own lawyer and agrees to do everything possible to reach a settlement without going to court. The approach emphasizes full disclosure, communication, and a safe and respectful environment to help the parties negotiate a settlement collaboratively.

For more on these approaches, see our information on [https://dialalaw.peopleslawschool.ca/mediation-and-collaborative-practice/ mediation, collaborative negotiation, and arbitration].

===If you can agree on the issues===
If you can work out your issues, you and the other people involved can put your agreement into writing. Or you might want a judge to make a court order that reflects your agreement. This is called a '''consent order'''. Most family law cases are settled by an agreement or consent order.

Both parties must sign the written agreement or consent order.

Each party should get '''independent legal advice''' from a lawyer before they sign the document. This involves each party meeting with their own lawyer to get legal advice. A lawyer can explain:

* what the agreement means
* what rights and obligations the agreement gives to each party
* how the agreement affects other legal options that might otherwise be available

See who can help, below, for options to get legal advice.

==Stages in the court process==

===Starting a matter in Family Court===
How you start a matter in Family Court depends on the court registry location and the type of court order you seek.

In the Victoria and Surrey registries, you have to file [[a notice with the courthttps://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa710.pdf|a notice with the court]], and then meet with a family justice counsellor and satisfy certain requirements before you can start a court matter.

In other court registries in the province, you can start a court matter by [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa712.pdf?forcedownload=true filing an application with the court]. Then (depending on the registry location), you may have to meet with a family justice counsellor or complete a parenting education program, or both, before getting a court date. More on these requirements in the next section about next steps.

In any court registry, if there’s been family violence or you have an urgent parenting issue, you can apply to get into court right away.

====The paperwork====
To start a Family Court matter, you fill out an [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa712.pdf?forcedownload=true application about a family law matter]. You make three copies of the application, and file it with the court registry. There is no fee involved. Depending on what kind of orders you’re asking for, other forms and documents may also be required.

You then arrange to have a copy of the filed documents '''served''' on the other party in the case. There are strict rules about how to give court documents to the other party.

{| class="wikitable"
|align="left"|'''To complete the forms'''
Legal Aid BC’s Family Law in BC website has a free step-by-step guide for [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/provincial-court/get-new-family-order-provincial-court-if#0 applying for a family order] in Provincial Court. For blank court forms, see the [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms BC government website] or go to your local [https://www.provincialcourt.bc.ca/locations-contacts Family Court registry].
|}

===Next steps===
Depending on the court registry location and the type of court order you seek, you’ll likely have to complete certain steps before you can get a date to appear before a judge.

In [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution early resolution registries in Surrey and Victoria], for example, you have to meet with a family justice counsellor, take a parenting course (if applicable), and complete a session of consensual dispute resolution (if appropriate). Only then can you start a matter in Family Court and get a court date.

In [https://family.legalaid.bc.ca/bc-legal-system/provincial-court-registries/family-justice-registries family justice registries in Kelowna, Nanaimo and Vancouver], you start a Family Court matter, meet with a family justice counsellor, and take a parenting education program (if applicable). Then you’ll get a court date.

All other Family Court registries are [https://family.legalaid.bc.ca/bc-legal-system/provincial-court-registries/parenting-education-program-registries Parenting Education Program registries]. In these registries, you file an application to start a Family Court matter. Then, you complete a parenting education program (unless you can [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa740.pdf show you’re exempt]) before getting a court date.

{| class="wikitable"
|align="left"|'''Court appearances'''
You’re usually expected to attend a court date in person. But for certain types of family court proceedings like conferences and pre-trial applications, [https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/FAM%2011%20Default%20Method%20of%20Attendance%20for%20Certain%20Court%20Appearances.pdf the usual way to attend] is by phone or Microsoft Teams audio-conference or video-conference.

If you want to attend court in a different way than scheduled, you can [https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/FAM%2011%20Default%20Method%20of%20Attendance%20for%20Certain%20Court%20Appearances.pdf make a court application].
|}

===Your first court appearance===
Unless you have an urgent family matter, the first time you appear before a judge will usually be at a '''family management conference'''. This is a 20- to 60-minute meeting with the other party and a judge. The judge will try to help you and the other party reach an agreement. If that’s not possible, the judge will help you get organized for a hearing or a trial.

At a family management conference, a judge can make court orders. If you and the other party agree about your family law issues, the judge will make a '''consent order'''. If you can’t agree, the judge may still make important '''interim (temporary) orders''' that can last at least until you have a hearing. Because of this, you must be prepared to tell the judge what orders you want and why. You can provide spoken and affidavit evidence to support your position.

If issues aren’t resolved at the family management conference, the judge can decide on the next steps in your case. This can include participating in mediation, attending a '''family settlement conference''' (an informal meeting with a judge to try to resolve the dispute), or setting a hearing date.

If a hearing is needed, the judge can make '''case management orders''' about timing, witnesses, documents, and other evidence to make sure the trial is conducted efficiently.

{| class="wikitable"
|align="left"|'''Preparing for a family management conference'''
The Provincial Court explains [https://www.provincialcourt.bc.ca/enews/enews-11-05-2021 what to expect at a family management conference], and Legal Aid BC has more on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/fcc-provincial-court how to prepare for one].
|}

===If the case goes to trial===
If you can’t settle your issues and have to go to a trial, you’ll have a '''hearing''' before a judge.

In your community, the Provincial Court might have a separate courtroom for family law cases. Or family law cases might be heard in one of the regular courtrooms on a particular day of the week. Usually there’s one day each week or every other week when the court will hear family law cases.

At the hearing, witnesses give oral testimony (they tell the court their side of the case) and present documents or other evidence. Often, the parties themselves are the only witnesses.

After all of the evidence has been given to the judge, each side will make arguments to the judge. They’ll explain why they think the judge should decide in their favor. The judge will then make an order resolving the issues.

==Common questions==

===Do I need a lawyer to appear in Family Court?===
You '''don’t''' have to have a lawyer when you go to court. Over a third of people bringing a case in Family Court represent themselves. The rules in Family Court are simpler than in Supreme Court and the atmosphere is more informal.

{| class="wikitable"
|align="left"|'''Consider getting legal advice or unbundling'''
If you’re planning to represent yourself in Family Court, consider getting legal advice about your case beforehand. Or you could explore hiring an “unbundled lawyer” to help coach you or help with part of your case. To find a lawyer who offers unbundled services, see [https://unbundlinglaw.peopleslawschool.ca/ unbundlinglaw.ca].
|}

===What if my case started before the new court rules came into effect?===
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/120_2020 New Provincial Court Family Rules] came into effect on May 17, 2021. If a family law case you’re involved in started before that, the new rules apply and the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms new court forms] (with a couple of short-term exceptions) must be used.

==Who can help==

===With your case===
To make an appointment with a '''family justice counsellor''', contact the nearest Family Justice Centre or Justice Access Centre:
* Call 1-844-747-3963
* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors Visit website]

Unbundling allows you to hire a lawyer for specific parts of your case or to coach you through the court process. '''Unbundled Legal Services''' lists family lawyers who offer these services.

:[https://unbundlinglaw.peopleslawschool.ca/ Visit website]

For options for '''legal advice''', see our information on [https://dialalaw.peopleslawschool.ca/free-and-low-cost-legal-help/ free and low-cost legal help]. It explains options such as legal aid, pro bono services, legal clinics, and advocates.

===With more information===
The '''BC Provincial Court website''' provides information about family law, rules, and court processes as well as links to resources.

:[https://www.provincialcourt.bc.ca/types-of-cases/family-matters Visit website]

Legal Aid BC’s '''Family Law in BC website''' has self-help guides that include step-by-step instructions and blank forms you’ll need for going to Provincial (Family) Court.

:[https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/get-order-provincial-court Visit website]

{{Dial-A-Law_Navbox|type=families}}
{{Dial-A-Law Copyright}}

Guardianship, Parenting Arrangements, and Contact

2024-10-14T19:25:34Z

Elena Renderos: /* Free and low-cost legal help */

{{REVIEWEDPLS | reviewer = [https://www.boydarbitration.ca/ JP Boyd, KC], Boyd Arbitration Chambers|date= March 2020}} {{Dial-A-Law TOC|expanded = divorce}}
When parents separate, they must work out the details of how their children will be cared for. This includes decisions about guardianship, parenting arrangements, and contact. Learn about these parenting after separation issues and the laws that apply in your situation.

{| class="wikitable"
|align="left"|'''Alert!'''
This information has been updated to reflect [https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing changes to the ''Divorce Act''] that took effect on March 1, 2021, as well as [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 new Provincial Court Family Rules] that took effect on May 17, 2021.
|}

==What you should know==

===Two laws deal with the care of children===
When parents separate, they have to make some basic decisions about their children. Where will they live? How will they make decisions about the children? How much time will they spend with each parent?

There are two laws that deal with these issues: the federal [http://canlii.ca/t/7vbw ''Divorce Act''] and BC’s [http://canlii.ca/t/8q3k ''Family Law Act'']. The ''Divorce Act'' only applies to parents who are (or used to be) '''married''' to each other. The ''Family Law Act'' applies to '''all''' parents. It applies whether the parents are:

* married or unmarried spouses,
* dating, or
* not in a relationship.

Under both laws, if parents can’t agree about the care of their children, they can ask a court to decide. Under the ''Family Law Act'', parents can also ask an arbitrator to decide. When making decisions like these, courts and arbitrators ''only'' consider the '''best interests of the children'''.

===The terms used to talk about parenting after separation===
As of March 1, 2021, the terms “custody” and “access” are no longer used in the ''Divorce Act''. Instead, the Act uses terms to talk about parenting arrangements that are very much like the BC ''Family Law Act''.

====Decision-making responsibility and parenting time====
Under the ''Divorce Act'', '''decision-making responsibility''' means how married spouses make choices about important aspects of the children's lives. This includes where they go to school and how they’re treated when they get sick. It also includes what sports and other important activities they'll be involved in and if they’ll be raised in a religion. Decision-making responsibility can be shared between spouses or given to just one spouse.

'''Parenting time''' is just like it sounds. It’s the time a spouse spends with a child. Usually this is set by a schedule agreed on by the spouses or set by the court. During their parenting time, each spouse can make daily decisions about a child, such as decisions about bedtime, homework, and meals.

A spouse who has decision-making responsibility or parenting time also has the right to ask for and get information about a child’s health, education, and welfare.

====Guardians, parental responsibilities, and parenting time====
Meanwhile, the BC ''Family Law Act'' talks about '''guardians'''. Guardians are usually the parents of a child. (Below we explain some situations where others can be guardians.) While a child’s parents are living together and even when they separate, each parent is presumed to be the child’s guardian.

Guardians have '''parental responsibilities''' for a child. Parental responsibilities under the ''Family Law Act'' is like decision-making responsibility under the ''Divorce Act''. That is, parental responsibilities mean how guardians make choices about important aspects of the children’s lives. This includes where they go to school, how they’re treated when they get sick, and if they’ll be raised in a religion. It also includes making daily decisions affecting the children, like what they wear or what they eat. Parental responsibilities can be shared between guardians or they can be given to just one guardian.

The time a guardian spends with a child is called '''parenting time'''. During a guardian’s parenting time, the guardian is responsible for the care of the child. They are also responsible for making decisions about day-to-day matters involving the child.

====Contact====
Someone who isn’t a spouse or guardian can have time with a child. Under both the ''Divorce Act'' and the ''Family Law Act'', this is called '''contact'''. A grandparent or another family member might have contact with a child. So might another adult with an important role in the child’s life. A key difference is that a person with contact can’t make daily decisions about a child. A person with contact also isn’t entitled to ask for or get information about the child’s health, education, or welfare.

===How decisions about parenting are made===
{{PLSStorybox
| image = [[File:jannik.png|link=]]
| text = “Marcie and I broke up almost a year ago. We have two kids (9 and 13) together. At first, the kids lived with each of us half the time. Now, I only see the kids on the weekends. We’ve been working with a family justice counsellor. They’ve been helping us figure things out through mediation because the kids want to see me more often.” – Jannik, Cranbrook, BC
}}

After they separate, a child’s parents may be able to reach an agreement about parental responsibilities (or decision-making responsibility under the ''Divorce Act'') and parenting time. They may decide to put this agreement into writing. This is called a '''separation agreement''' or a '''parenting agreement'''.

If they can’t agree, the parents can try '''mediation'''. If they still can’t agree, or if mediation isn’t possible, they can ask a court or an arbitrator to decide. The court (or arbitrator) will make a decision based on what’s best for the child. That is the only consideration courts and arbitrators can take into account.

The arrangements for parenting made in orders and agreements are called '''parenting arrangements''' in the ''Family Law Act''. Under the ''Divorce Act'' they are called a '''parenting plan'''.

For more, see our coverage of [https://dialalaw.peopleslawschool.ca/category/families/resolving-family-disputes/ resolving family disputes].

==Common questions==

===Can a child decide who to live with?===
A child's views must be considered when deciding on parenting arrangements, unless it would be inappropriate to do so. However, while children have a ''voice'' in these decisions, they don’t have a ''choice''. These decisions are made by parents or, if the parents can’t decide, by a court or an arbitrator.

If a child is old enough and mature enough, the court or arbitrator will consider what the child wants when determining parenting arrangements and contact.

There’s no particular age at which children have a right to decide who they’ll live with. The views and preferences of all children are important. The wishes of children who are 12 and older will carry more weight. The wishes of an older teenager may be decisive.

===How does a court consider a child’s wishes?===
Parents may disagree about a child’s parenting arrangements. If that’s the case, a court or an arbitrator may ask a professional to prepare a report about the child’s wishes. The professional may be a family justice counsellor, parenting coordinator, social worker, psychologist, clinical counsellor, or a lawyer with special training. Many parents also agree to have a report done privately without a court order.

There are two main types of reports about children's wishes:

* '''A non-evaluative views of the child report'''. This describes what a child says during an interview with the professional.
* '''An evaluative views of the child report'''. This describes what a child says ''and'' gives an opinion about the child’s needs or views. For example, how closely do the views expressed by the child match the child’s actual views? Does the child understand the consequences of their wishes? Has the child been coached to say something in particular?

The costs of these reports range from about $1,000 for non-evaluative views of the child reports to about $3,500 for an evaluative views of the child reports. A court can also ask that a family justice counsellor prepare an evaluative views of the child report for free. But these reports can take up to six months to finish.

===What is a parenting assessment?===
Where parents disagree about a child’s care arrangements, a court or an arbitrator can ask for a '''parenting assessment''', sometimes called a '''section 211 report''', after the part of the ''Family Law Act'' that talks about them. These reports are prepared by family justice counsellors, social workers, psychologists, and clinical counsellors. They make recommendations about the parenting arrangements that are likely to be in the best interests of the child.

The report writer will look at:

* the needs of the child,
* the views of the child, if the child is old enough to express them, and
* the ability of the parents to meet the child’s needs.

The cost of these assessments can range from $5,000 to $15,000. A judge can also ask that a family justice counsellor prepare a parenting assessment for free. Because of high demand, reports prepared by family justice counsellors can take many months to complete. Psychologists and other counsellors can write a private report faster but they are expensive.

===Who can be a guardian of a child?===
The [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec39_smooth ''Family Law Act''] says that a child’s parents are the guardians of the child while they live together and after they separate. But, if the parents of a child did not live together after the child was born, the parent with whom the child lives is treated as the child’s guardian.

A parent who has never lived with their child is not the child’s guardian unless one of the following applies:

* the parent regularly cares for the child,
* there’s an agreement or court order saying that the parent is a guardian, or
* they are a parent under a written agreement providing for the child’s birth through assisted reproduction.

Someone can become a guardian through a guardian’s will. Or they can be appointed as a guardian when a guardian dies or becomes incapacitated. Or they can apply to court to become a guardian.

===What’s involved in applying to become a guardian of a child?===
If you apply to court to become a guardian, the [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec51_smooth law in BC] says you have to give evidence for why this would be in the best interests of the child. This means:
* filling out a [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa733.pdf?forcedownload=true guardianship affidavit] that provides information about any children that are or have been in your care (an affidavit is a legal document where you make statements about facts you say are true),
* getting a criminal record check,
* getting a record check from the child protection authorities, and
* getting a record check from the BC government’s [https://www2.gov.bc.ca/gov/content/safety/crime-prevention/protection-order-registry protection order registry].

===Do I need a lawyer to work out parenting arrangements?===
You don’t need a lawyer. But you should get legal advice and representation where possible. See who can help, below.

{| class="wikitable"
|align="left"|'''Options to consider'''
If you’re planning to represent yourself, consider getting legal advice about your case beforehand. Or you could explore hiring an '''unbundled lawyer''' to help coach you or help with part of your case. To find a lawyer who offers unbundled services, see [https://unbundlinglaw.peopleslawschool.ca/ unbundlinglaw.ca].
|}

===Are there options to avoid going to court?===
Yes. The ''Divorce Act'' and the ''Family Law Act'' encourage parents to resolve their family law problems out of court. You can try to work out parenting arrangements through mediation or collaborative negotiation.

'''Mediation''' is a process where the parents meet with a neutral person called a '''mediator'''. The mediator helps them talk to each other and find a solution they agree on. The provincial government offers couples the services of trained mediators, called family justice counsellors, for free. (In fact, at some Provincial Court locations, meeting with a family justice counsellor is one of the first steps in the court process.) Or you can hire a private mediator.

A '''collaborative negotiation''' approach may also be used to settle things without going to court. In collaborative negotiation you and the other parent each hire specially-trained lawyers. You and your lawyers sign an agreement saying that no one will go to court or threaten to go to court. If the collaborative process breaks down, you and the other party must hire new lawyers if you want to go to court.

If you’re not able to come to an agreement, you could also try '''arbitration'''. An arbitrator can’t make an agreement, but will make a decision, just like a judge.

For more on these options, see our information on [[Mediation and Collaborative Practice|mediation, collaborative negotiation, and arbitration]].

{| class="wikitable"
|align="left"|'''Some exceptions'''
There are times when mediation, collaborative negotiation, and arbitration might be inappropriate. This might be true if there has been family violence, or if someone is making threats to damage property or leave with a child.
|}

===Are orders and agreements about children final?===
No order or agreement about children is ever absolutely final. When there’s a significant change in circumstances affecting a child’s best interests, a parenting order or agreement may be changed or set aside. That is, something new must have happened since the original order or agreement was made to justify the change.

===What can I do if the other parent won’t follow a court order?===
The [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec230_smooth ''Family Law Act''] has rules about enforcing parenting and contact orders (and agreements too). How an order is enforced depends on whether it was made in Provincial Court or Supreme Court. Either court can order police to help with enforcement in special circumstances. But this is usually a last resort.

If you’re afraid the other parent is about to take your children out of the country and not bring them back, see a lawyer immediately. There are special rules in the ''Family Law Act'' and the ''Divorce Act'' that can help with this too.

{| class="wikitable"
|align="left"|'''Self-help guides'''
Legal Aid BC’s Family Law in BC website has [https://family.legalaid.bc.ca/bc-legal-system/court-orders/enforce-order-or-agreement-made-bc free step-by-step guides about enforcing orders and agreements] in Provincial Court and Supreme Court.
|}

===What if a parent wants to move after separation?===
There are rules about what happens when someone wants to move away — with or without their children — after separation. Such a move might have a significant impact on the relationship of a child with another person who has parenting time, decision-making responsibility, or contact. The law calls this type of move a '''relocation'''.

Under the ''Family Law Act'', where there is a written agreement or court order about parenting arrangements, someone who wants to relocate has to give '''60 days’ written notice'''. The notice must be given to anyone who is a guardian of the child or has contact with the child. Only guardians may object to the move. To do so, they must file a court application to stop the move '''within 30 days''' of receiving notice of the move.

Under the ''Divorce Act'', someone who wants to relocate also has to give '''60 days’ written notice'''. This [https://www.justice.gc.ca/eng/fl-df/divorce/nrf-fad.html relocation notice] must be given to anyone who has parenting time, decision-making responsibility or contact with the child under a ''Divorce Act'' order. Only someone who has parenting time or decision-making responsibility may object to the move. To do so, they must object '''within 30 days''' of receiving notice of the move by [https://www.justice.gc.ca/eng/fl-df/divorce/orf-fod.html giving written notice] or filing a court application.

Under both laws, when there has been family violence, you can ask the court for an exception to the rule that the relocating person give notice of the move.

==Who can help==

===With more information===
The wikibook ''JP Boyd on Family Law'' has extensive coverage of parenting arrangements after separation.
* [[Children_in_Family_Law_Matters|View website]]

Legal Aid BC’s '''Family Law in BC website''' has information and self-help guides on parenting and guardianship.

* [https://family.legalaid.bc.ca/children/parenting-guardianship Visit website]

===Free and low-cost legal help===
'''Family justice counsellors''' in Family Justice Centres and Justice Access Centres throughout BC can help with guardianship, parenting, and related issues. Their services are free.
* 1-844-747-3963
* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors Visit website]

{{Dial-A-Law_Navbox|type=families}}
{{Dial-A-Law Copyright}}

Introduction to Child Support

2024-10-14T19:23:32Z

Elena Renderos: /* With child support */

{{REVIEWEDPLS | reviewer = [https://www.boydarbitration.ca/ JP Boyd, KC], Boyd Arbitration Chambers|date= March 2021}} {{Dial-A-Law TOC|expanded = divorce}}
Parents are legally responsible for financially supporting their children. This is true even if one parent doesn’t see or take care of the children. Learn about '''child support''', how it’s calculated, and how to get it.

{| class="wikitable"
|align="left"|'''Alert!'''
This information has been updated to reflect [https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing changes to the ''Divorce Act''] that took effect on March 1, 2021.
|}

==What you should know==

===What child support is for===
'''Child support''' is money paid by one parent or stepparent (the payor) to another (the recipient). It’s paid after separation to help cover the costs of raising the children. Child support is the right of '''the child''' — whether or not there’s an agreement or an order between the parents saying that child support must be paid.

The parent with whom the child lives most of the time is entitled to receive child support from the other parent. If a child spends the same (or almost the same) amount of time with both parents, the parent with the higher income usually has to pay child support.

===Who has to pay child support===
'''Parents''' have a legal duty to provide child support. This includes biological parents, stepparents, parents who have had a child through assisted reproduction, and adoptive parents. It also includes parents who are married to each other and parents who aren’t.

====Surrogates and donors====
When a woman agrees to have a child for someone else using assisted reproduction, she is a '''surrogate mother'''. A person who helps someone have a child by donating eggs or sperm is a '''donor'''.

Surrogate mothers and donors may or may not have to pay child support. The people involved in having the child can make an agreement that says a surrogate mother or a donor is or ''is not'' a parent. Surrogate mothers and donors who ''are'' parents may have to pay child support.

====Stepparents====
In BC law, a '''stepparent''' is a spouse of a child’s parent who lives with the parent and the child. If a stepparent and a parent separate, the stepparent can be required to pay child support. This can happen under the [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-3-2nd-supp/latest/rsc-1985-c-3-2nd-supp.html#sec15.1subsec1_smooth ''Divorce Act''] if the stepparent and parent were married. It can also happen under the [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec146_smooth ''Family Law Act''] if:

* the stepparent contributed to the support of the child for '''at least one year''', and
* a claim for child support is made against the stepparent '''within one year''' of their last support of the child.

A stepparent can be required to pay child support even when another biological parent is already doing so. A stepparent may pay less child support than what the law would normally require. There’s no formula for this calculation. Often the court treats the stepparent’s obligation as a top-up to the amount owed by a child’s birth parent.

===How much child support is payable===
How much child support a parent pays is determined by the [http://canlii.ca/t/80mh Federal Child Support Guidelines]. The Guidelines have tables that set out the amount of support based on:

* the payor’s income,
* the province or territory where the payor lives, and
* the number of children child support is being paid for.

There are some exceptions to the Guidelines tables, which we explain below.

This basic child support amount is a contribution to the child’s basic expenses and the cost of raising the child. This includes the child’s share of the rent or mortgage, phone bill, utility bills, cable bills, grocery costs, clothing, haircuts, basic school supplies, toiletries, and so forth.

{| class="wikitable"
|align="left"|'''Tip'''
You can calculate the basic child support amount under the Guidelines using the federal government’s [http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp Child Support Table Look-up].
|}

===What “special or extraordinary” expenses are===
In some cases, ''all'' of a child’s parents may have to contribute to certain expenses on top of the basic amount of child support. Qualifying expenses are called '''special expenses''' or '''extraordinary expenses''' under the Guidelines. These can include:

* child care expenses, so the parent who looks after the child can work or go to school in order to get work
* medical or health-related expenses for the child, including the cost of medical insurance
* some educational expenses, including post-secondary education or private school fees
* some expenses for extracurricular activities like music, art lessons, or sports

These types of expenses don’t automatically qualify as special expenses or extraordinary expenses. To qualify, the expenses have to be ''reasonable'' in light of the parents’ financial circumstances. They also have to be ''necessary'' in terms of the child’s particular needs. This means that piano lessons, for example, might qualify as a special or extraordinary expense for one family but not for another.

===How “special or extraordinary” expenses are calculated===
Parents share special expenses and extraordinary expenses in proportion to their incomes. They share the ''net cost'' of an expense. That is, they share the cost that’s left over ''after'' deducting any contributions made by the child, by the government (such as the federal tax deduction for child care expenses), or from another source (such as health insurance, a subsidy, or a bursary).

As a result, if both parents have the same income, they’d each pay for half of the cost of the special or extraordinary expense. If parents have different incomes, they pay an amount proportional to their share of the total income of both parents.

For example, say one parent has an income of $20,000 and another parent has an income of $30,000. Together, their incomes total $50,000. Of this total amount, the first parent’s income is 40%, and the second parent’s income is 60%. The first parent would pay for 40% of the net cost of the special or extraordinary expense, and the second parent would pay for the remaining 60%.

===Parenting arrangements can affect child support===
How much time a child lives with each parent can affect who pays child support and how much.

====When parenting of a child is shared====
'''Shared parenting time''' means that a child lives with each parent at least 40% of the time over the course of a year. In cases like this, a parent may pay less child support than what’s set out in the Guidelines tables.

In a shared parenting time arrangement, child support is often calculated by figuring out what each parent would pay if the child lived with the other parent ''most of the time''. Then, the parents '''set off''' the two amounts and the higher income parent, with the higher child support obliation, will pay the difference as child support.

Say one parent would have to pay another parent $400 per month if the child lived mostly with the second parent, and the second parent would have to pay the first parent $300 per month if the child mostly lived with the first parent. Subtracting $300 from $400 leaves a set-off amount of $100. The first parent would pay child support to the second parent in the amount of $100 per month.

However, there’s no rule that says the set-off calculation must be used. In cases where the set-off isn’t helpful, child support can also be calculated by looking at:

* the higher costs of shared parenting to the payor, and
* the financial needs of each parent and the child.

====When each parent has a child in their care====
When each parent has ''one or more'' children living mostly in their care, this is called a '''split parenting time arrangement'''. In this case, each parent calculates the full amount of child support they’d pay to the other parent for the children in that parent’s care. The amount that changes hands is the difference between the higher and lower support amounts.

For example, say one parent would have to pay another parent $400 per month for the children in their care, while the second parent would have to pay the first parent $300 per month for the children in their care. Subtracting $300 from $400 leaves a set-off amount of $100. The first parent would pay child support to the second parent in the amount of $100 per month.

===If the amount set by the Guidelines is too high or too low===
In some cases, a court can order that more or less child support be paid than what the Guidelines say. For this to happen, a parent must show that paying the Guidelines’ amount would cause '''undue hardship''' to either the payor or the recipient. Undue hardship means that paying the usual child support amount would be very unfair and cause a big financial problem for either the payor or the recipient.

When someone makes a claim of undue hardship, the court compares the standard of living of the parents’ households. (This includes the income from a new spouse or live-in boyfriend or girlfriend.) If the parent claiming undue hardship has a household standard of living that’s '''lower''' than the other parent, the court may accept a claim of undue hardship.

Proving undue hardship is complicated, and it’s a good idea to speak with a lawyer.

===Other exceptions to the amount set by the Guidelines===
The court can order that more or less child support be paid than what the Guidelines say in other situations. These include when the child is '''the age of majority and older''', when the payor '''earns more than $150,000 per year''', and when the payor is a '''stepparent'''.

Dealing with these situations can be complicated, and it’s a good idea to speak with a lawyer.

==How to get child support==
===If you agree on support===
Child support can be agreed to in a '''separation agreement'''. [[Separation and Separation Agreements|Here, we explain separation agreements]].

===If you don’t agree on support===
If parents can’t agree on child support, one of them can contact a mediator, start a court case, or go to arbitration. They can ask the court or the arbitrator for an order that child support be paid.

====Which court to apply to====
An application for a child support order can be made in either the Provincial Court (commonly called Family Court) or the Supreme Court. Each court has its own set of forms and rules. Usually, it’s simpler and less expensive to get a child support order in Family Court. (There are no court filing fees, for example.) For more on this option, [[Provincial (Family) Court|see our information on Family Court]].

However, Family Court cannot make divorce orders, divide property or debts, or make orders protecting family property. If you need to ask for orders like these, it may be better to start your case in the Supreme Court. There, everything can be dealt with at the same time.

====There must be financial disclosure====
To get an order for child support, there must be '''financial disclosure'''. The payor must provide proof of their income, which usually includes paystubs, recent income tax returns, and other financial documents. In some cases, the recipient must also make financial disclosure. This is the case, for example, where the parents are sharing the cost of the children’s “special or extraordinary” expenses or where they share the child’s time.

{| class="wikitable"
|align="left"|'''Tip'''
'''Family justice counsellors''' are mediators who are specially trained to help families with family law issues, including child support. They can help negotiate a separation agreement and provide information about obtaining or changing a court order. Their services are free (though eligibility criteria apply). See below under “Who can help” for contact information.
|}

===Getting "interim" child support===
After a court case is started, a parent can apply to court for an '''interim order''' for child support. This is a temporary order meant to last until another interim order is made, or the case is settled or goes to trial.

The amount of interim support a court awards may be different than the amount it decides on after a trial. This is because the best information about the parents’ incomes and financial circumstances is usually available at the end of a trial. For more on interim orders, [[Applying for an Interim Order in a Family Law Case in Supreme Court|see our information on applying for an interim order in a family law case in Supreme Court]].

==Common questions==

===How long is child support paid for?===
Child support must be paid for as long as a person is a “child” as defined by the ''Divorce Act'' or the ''Family Law Act''. In British Columbia, a child is '''under 19''' (the provincial age of majority). But the definition also includes adult children ('''19 and older''') if they’re financially dependent on a parent. For example, a student in post-secondary school or an adult child with serious health problems may continue to qualify as a child even though they are age 19 or older.

===What can I do if the other parent won’t pay child support?===
If a parent doesn’t pay the child support owing under an order or an agreement, the '''Family Maintenance Enforcement Program''' can help. This free government program can help you collect support payments. It can also help monitor a support order or an agreement to make sure payments continue to be made and are made on time.

For more, [[Enforcing Support Orders and Agreements|see our information on enforcing support orders and agreements]].

===What if I need to change child support?===
Either parent can apply to have a child support order or agreement changed if circumstances change. This can happen where, for example, there’s an increase or decrease in a parent’s income, or a change in the child’s living arrangements.

To make sure the appropriate child support amount is being paid, parents should exchange updated financial information and review child support payments every year. If there’s been a change, the Child Support Guidelines can be used to determine the new amount of child support.

Note that if you want to change an order and the other spouse lives ''outside'' of BC, there is a [https://family.legalaid.bc.ca/bc-legal-system/court-orders/when-more-one-province-or-country-involved/can-you-change-support-0 specific procedure] to follow under each of the BC ''Family Law Act'' and the federal ''Divorce Act''.

{| class="wikitable"
|align="left"|'''Tip'''
Legal Aid BC’s '''Family Law in BC website''' has self-help guides that include step-by-step instructions and blank forms. You can use these guides to apply to change a child support order or a court-filed agreement in [https://family.legalaid.bc.ca/bc-legal-system/court-orders/change-order-or-set-aside-agreement-made-bc/supreme-court/change-0#0 Supreme Court] or [https://family.legalaid.bc.ca/bc-legal-system/court-orders/change-order-or-set-aside-agreement-made-bc/change-order-or-set-0 Family Court].
|}

===What if I’m on income assistance?===
If a parent is receiving income assistance, they can get help from the BC government with getting child support. The parent can [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/family-maintenance-services assign their rights to child support] to the Ministry of Social Development and Poverty Reduction. The ministry will help get a child support order or agreement. This can be enrolled with the Family Maintenance Enforcement Program for enforcement.

===Can a child support order cover the past?===
Child support orders can start at an earlier date than the date when an agreement is reached or a court order is made. These are called '''retroactive''' (backdated) orders. In general, the court will make a retroactive order when:

* a payor has a legal obligation to pay child support and didn’t do so, or
* a payor’s income went up but child support payments did not.

Usually an order for retroactive support will date back no more than three years before the date of the application for retroactive child support.

==Who can help==

===With child support===
'''Family justice counsellors''' in Family Justice Centres and Justice Access Centres throughout British Columbia can help parents by providing information about the Child Support Guidelines. They can help mediate parenting and support agreements. They can also explain how to obtain or change support orders in Provincial Court if parents can’t reach an agreement. Their services are free.

* Call 1-844-747-3963
* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors Visit website]

'''Child support officers''' offer assistance for child and spousal support matters in Provincial and Supreme Court.
* Call 1-844-747-3963
* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/family-law/child-support Visit website]

===More information===
Legal Aid BC’s '''Family Law in BC website''' features information on child support and step-by-step guides on going to court in family matters.

* [https://familylaw.lss.bc.ca/finances-support/child-spousal-support/child-support Visit website]

The wikibook ''JP Boyd on Family Law'', hosted by Courthouse Libraries BC, has in-depth information on child support.

* [[Child_Support|Visit website]]

{{Dial-A-Law_Navbox|type=families}}
{{Dial-A-Law Copyright}}

Couples Who Are Not Spouses: Your Income, Support and Property Rights

2024-10-14T19:13:26Z

Elena Renderos: /* Will I have to go to court? */

{{REVIEWEDPLS | reviewer = [https://www.watsongoepel.com/people/shelagh-c-kinney/ Shelagh Kinney], Watson Goepel|date= April 2020}} {{Dial-A-Law TOC|expanded = relationships}}
Not all couples who live together meet the definition of spouse under BC’s family law. Those who aren’t considered spouses have some rights but not others. Learn what happens if you’re in an unmarried relationship that ends.

{{PLSStorybox
| image = [[File:Serena.png|link=]]
| text = “My partner and I lived together for 17 months before we ended our relationship. We had bought a place together. It was only in my partner’s name, as was the mortgage. I thought I was automatically going to get half the property. But because we lived together for less than two years, that’s not the case. I have a harder path to asking a court for a share of the property." – Serena, Kimberley, BC
}}

==What you should know==

===Who a spouse is===
There are two main laws that define who a '''spouse''' is. [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-3-2nd-supp/latest/rsc-1985-c-3-2nd-supp.html The federal ''Divorce Act''] defines a spouse as either of two people who are '''married''' to each other.

[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec3_smooth BC’s ''Family Law Act''] expands the definition. Here, the term spouse also includes:

* people who have lived together in a marriage-like relationship for at least '''two years''', and
* people who have lived together in a marriage-like relationship for less than two years and have had a '''child together''' (in this case, though, you '''aren’t''' considered a spouse when it comes to property, debt or pensions; we explain what this means shortly).

A couple is living in a '''marriage-like relationship''' if they present themselves as a couple to family and friends, and carry out their financial and household affairs as a couple.

This information is for couples who are '''not spouses''' under BC’s family law. For example, you may have lived together in a marriage-like relationship for '''less than two years''' (and not had a child together). Or you have a child together but have never lived together.

===Your rights to support===
Support is money paid by one parent or guardian to another, or one spouse to the other, for financial help after a relationship ends.

====Child support====
Under BC law, each parent and guardian of a child has a duty to financially support the child. It doesn’t matter if the parents of a child have ever lived together. Generally, you can ask for child support from the other person as long as they’re a parent of the child under BC law. The other parent must pay child support for that child under the Child Support Guidelines.

To learn more, [[Child Support (No. 117)|see our information on child support]].

====Spousal support====
A person who’s a spouse under the BC ''Family Law Act'' is eligible to apply for spousal support. (See “Who a spouse is” above). Someone who isn’t a “spouse” under BC family law cannot apply for spousal support.

To learn more, [[Spousal Support (No. 123)|see our information on spousal support]].

===Your rights to property acquired during the relationship===
Property division is one of the areas in which being a spouse under the ''Family Law Act'' makes a difference. Under the Act, '''spouses''' are presumed to:

* keep the property each of them brought into their relationship
* keep certain other property such as inheritances and gifts from someone other than your spouse
* share the other things they acquired during their relationship, no matter who bought it (called '''family property''')

Only spouses who are '''married''' or who’ve lived together in a marriage-like relationship ''for at least two years'' share an interest in family property. If you’re in a relationship that doesn’t meet this definition of spouse, you’re only allowed to keep the property you brought into the relationship.

If you own property together (jointly) — such as a house, a car, or bank accounts — you’re each presumed to have an equal interest in that joint property.

If you contributed to the purchase of an asset owned by your partner, or paid more for the purchase of a joint asset than your partner, you may be able to get out what you put in. But you’ll have to prove your contributions to the purchase. And you’ll have to show that you didn’t mean for your extra contributions to be a gift.

To learn more, [[Dividing Property and Debts (No. 124)|see our information on dividing property and debt]].

Because the law in this area is complex, you should get legal advice.

===Your rights to property based on unjust enrichment===
If you contributed in some way to the assets owned by your partner, you may be entitled to a share of that property based on '''unjust enrichment'''. To claim an interest in your partner’s property, you must show three things:

* your partner gained '''a benefit''' from your contributions,
* you suffered '''a loss''' as a result of making those contributions, and
* there’s '''no legal reason''' why your partner should have received the benefit of your contributions at the cost of your loss.

If you can prove these things, a court may agree your partner was '''unjustly enriched''' by your contributions, and that you should be compensated for your loss. The court can order that your partner compensate you. If your partner can’t afford to make the payment, the court may impose a trust, called a '''constructive trust''', on their property. Then you can be paid the compensation you’re owed.

The law in this area is complex and it’s highly advisable to seek legal advice.

===Responsibility for debts===
If you sign for a loan, it’s your loan and your responsibility — not your partner’s. Likewise, if your partner signs for a loan, it’s their responsibility. But if you both sign for a loan, you are both responsible to repay the debt.

If you '''guarantee''' (promise to pay) your partner’s loan, and your partner is unable to make the payments (or refuses to), you’re responsible. That’s true even though you may have had no benefit from the loan. If you end up paying some or all of the loan, you can ask your partner to pay you back.

===Getting income assistance===
The BC government gives income assistance to those who need financial help.

As soon as you start living with someone else, the income assistance office may treat you like spouses. When you apply for income assistance, your caseworker will look at what income and assets you both have.

[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-40/latest/sbc-2002-c-40.html#sec1.1_smooth Under BC’s income assistance law], '''spouse''' includes people living together for at least the last '''12 months''' in a row. The income assistance caseworker must believe that, like a marriage-like relationship, your relationship shows:

* financial dependence or interdependence, and
* social and familial interdependence.

If you meet this definition and qualify for income assistance, you’ll get it at the rate for a couple or family — not as two single people.

You have the right to challenge the decision of the income assistance office. For step-by-step guidance, [[Income Assistance: Reconsiderations and Appeals|see our information on income assistance reconsiderations and appeals]].

If you claim income assistance as a single person when you’re actually living with someone else as a couple, you:

* may have to pay back any benefits you’ve received,
* may face a civil court case or even criminal charges, and
* could be refused future services by the Ministry of Social Development and Poverty Reduction.

===Getting benefits under a pension plan===
'''Old Age Security''' provides Canadian residents with a monthly pension beginning at age 65. People between age 60 and 64 whose spouse qualifies for a low-income pension supplement can receive an allowance benefit. To qualify for the '''allowance''' as a spouse, you need to be living together for '''one year'''.

The '''Canada Pension Plan''' allows pension credits earned during a marriage-like relationship to be divided. This is true as long as spouses have lived together for at least one year and an application is made within four years of the separation date.

Private pension plans generally don’t provide benefits for people who aren’t spouses.

===Getting employment insurance benefits===
The federal government provides '''employment ensurance (EI) benefits''' to workers who lose their job. You may be eligible for EI benefits if you leave a job to follow your partner to a new place. Employment insurance defines a couple as '''spouses''' if they’ve lived together in a “conjugal relationship” for at least '''12 months''' in a row.

You can also get EI benefits if you leave your job to follow your partner if you’re:

* expecting the birth of a child, or
* caring for an immediate family member.

Note that you won’t qualify for benefits if the government concludes there were reasonable ways you could have kept your job. These might include requesting a transfer or commuting from the new place of residence.

===Coverage under your partner’s medical and dental plans===
The BC Medical Services Plan covers people who live together in a marriage-like relationship. There’s no requirement about how long you must be living together.

Medical or dental plans or employers’ extended health plans generally don’t provide benefits for people who aren’t spouses.

==Common questions==

===Will I have to go to court?===
If you separate, you may have to go to court to sort out some of your support and property rights. BC Provincial Court can help you deal with support for you and your children, plus guardianship, parenting arrangements, contact, and ownership of a companion animal. Other than in relation to companion animals, Provincial Court can’t deal with property issues. It also can’t make orders about who will live in the family home. For these issues, you’ll have to go to the BC Supreme Court.

For more on going to court, see our information on [[Provincial (Family) Court]].

{| class="wikitable"
|align="left"|'''Tip'''
You may be able to deal with some or all of your family law issues outside of court through '''mediation'''. You can try contacting a '''family justice counsellor'''. They are mediators who are specially trained to help families with guardianship, parenting, child and spousal support, and ownership of a companion animal. They can also provide information and referral for other family law issues. [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors See the BC government website to learn more].
|}

===Do I need to make a will?===
If you want to make sure your partner and children are taken care of after your death, you need to make a '''will'''. In it, you can say who you want your property to go to. You can also name a guardian. They’ll be legally responsible for your children after you and your partner die.

For more, [[Preparing a Will and Estate Planning|see our information on preparing a will]] and [[When Someone Dies Without a Will|when someone dies without a will]].

==Who can help==

===With more information===
The wikibook ''JP Boyd on Family Law'', hosted by Courthouse Libraries BC, has information on unmarried relationships.

* [[Other Unmarried Relationships|Visit website]]

'''Legal Aid BC''' has information about family law basics in its booklet ''Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce''.

* [https://legalaid.bc.ca/publications/pub/living-together-or-living-apart Visit website]

===Free and low-cost legal help===
Options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help|See our information on free and low-cost legal help]].

{{Dial-A-Law_Navbox|type=families}}
{{Dial-A-Law Copyright}}

Couples Who Are Not Spouses: Your Income, Support and Property Rights

2024-10-14T19:12:33Z

Elena Renderos: /* Will I have to go to court? */

{{REVIEWEDPLS | reviewer = [https://www.watsongoepel.com/people/shelagh-c-kinney/ Shelagh Kinney], Watson Goepel|date= April 2020}} {{Dial-A-Law TOC|expanded = relationships}}
Not all couples who live together meet the definition of spouse under BC’s family law. Those who aren’t considered spouses have some rights but not others. Learn what happens if you’re in an unmarried relationship that ends.

{{PLSStorybox
| image = [[File:Serena.png|link=]]
| text = “My partner and I lived together for 17 months before we ended our relationship. We had bought a place together. It was only in my partner’s name, as was the mortgage. I thought I was automatically going to get half the property. But because we lived together for less than two years, that’s not the case. I have a harder path to asking a court for a share of the property." – Serena, Kimberley, BC
}}

==What you should know==

===Who a spouse is===
There are two main laws that define who a '''spouse''' is. [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-3-2nd-supp/latest/rsc-1985-c-3-2nd-supp.html The federal ''Divorce Act''] defines a spouse as either of two people who are '''married''' to each other.

[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec3_smooth BC’s ''Family Law Act''] expands the definition. Here, the term spouse also includes:

* people who have lived together in a marriage-like relationship for at least '''two years''', and
* people who have lived together in a marriage-like relationship for less than two years and have had a '''child together''' (in this case, though, you '''aren’t''' considered a spouse when it comes to property, debt or pensions; we explain what this means shortly).

A couple is living in a '''marriage-like relationship''' if they present themselves as a couple to family and friends, and carry out their financial and household affairs as a couple.

This information is for couples who are '''not spouses''' under BC’s family law. For example, you may have lived together in a marriage-like relationship for '''less than two years''' (and not had a child together). Or you have a child together but have never lived together.

===Your rights to support===
Support is money paid by one parent or guardian to another, or one spouse to the other, for financial help after a relationship ends.

====Child support====
Under BC law, each parent and guardian of a child has a duty to financially support the child. It doesn’t matter if the parents of a child have ever lived together. Generally, you can ask for child support from the other person as long as they’re a parent of the child under BC law. The other parent must pay child support for that child under the Child Support Guidelines.

To learn more, [[Child Support (No. 117)|see our information on child support]].

====Spousal support====
A person who’s a spouse under the BC ''Family Law Act'' is eligible to apply for spousal support. (See “Who a spouse is” above). Someone who isn’t a “spouse” under BC family law cannot apply for spousal support.

To learn more, [[Spousal Support (No. 123)|see our information on spousal support]].

===Your rights to property acquired during the relationship===
Property division is one of the areas in which being a spouse under the ''Family Law Act'' makes a difference. Under the Act, '''spouses''' are presumed to:

* keep the property each of them brought into their relationship
* keep certain other property such as inheritances and gifts from someone other than your spouse
* share the other things they acquired during their relationship, no matter who bought it (called '''family property''')

Only spouses who are '''married''' or who’ve lived together in a marriage-like relationship ''for at least two years'' share an interest in family property. If you’re in a relationship that doesn’t meet this definition of spouse, you’re only allowed to keep the property you brought into the relationship.

If you own property together (jointly) — such as a house, a car, or bank accounts — you’re each presumed to have an equal interest in that joint property.

If you contributed to the purchase of an asset owned by your partner, or paid more for the purchase of a joint asset than your partner, you may be able to get out what you put in. But you’ll have to prove your contributions to the purchase. And you’ll have to show that you didn’t mean for your extra contributions to be a gift.

To learn more, [[Dividing Property and Debts (No. 124)|see our information on dividing property and debt]].

Because the law in this area is complex, you should get legal advice.

===Your rights to property based on unjust enrichment===
If you contributed in some way to the assets owned by your partner, you may be entitled to a share of that property based on '''unjust enrichment'''. To claim an interest in your partner’s property, you must show three things:

* your partner gained '''a benefit''' from your contributions,
* you suffered '''a loss''' as a result of making those contributions, and
* there’s '''no legal reason''' why your partner should have received the benefit of your contributions at the cost of your loss.

If you can prove these things, a court may agree your partner was '''unjustly enriched''' by your contributions, and that you should be compensated for your loss. The court can order that your partner compensate you. If your partner can’t afford to make the payment, the court may impose a trust, called a '''constructive trust''', on their property. Then you can be paid the compensation you’re owed.

The law in this area is complex and it’s highly advisable to seek legal advice.

===Responsibility for debts===
If you sign for a loan, it’s your loan and your responsibility — not your partner’s. Likewise, if your partner signs for a loan, it’s their responsibility. But if you both sign for a loan, you are both responsible to repay the debt.

If you '''guarantee''' (promise to pay) your partner’s loan, and your partner is unable to make the payments (or refuses to), you’re responsible. That’s true even though you may have had no benefit from the loan. If you end up paying some or all of the loan, you can ask your partner to pay you back.

===Getting income assistance===
The BC government gives income assistance to those who need financial help.

As soon as you start living with someone else, the income assistance office may treat you like spouses. When you apply for income assistance, your caseworker will look at what income and assets you both have.

[https://www.canlii.org/en/bc/laws/stat/sbc-2002-c-40/latest/sbc-2002-c-40.html#sec1.1_smooth Under BC’s income assistance law], '''spouse''' includes people living together for at least the last '''12 months''' in a row. The income assistance caseworker must believe that, like a marriage-like relationship, your relationship shows:

* financial dependence or interdependence, and
* social and familial interdependence.

If you meet this definition and qualify for income assistance, you’ll get it at the rate for a couple or family — not as two single people.

You have the right to challenge the decision of the income assistance office. For step-by-step guidance, [[Income Assistance: Reconsiderations and Appeals|see our information on income assistance reconsiderations and appeals]].

If you claim income assistance as a single person when you’re actually living with someone else as a couple, you:

* may have to pay back any benefits you’ve received,
* may face a civil court case or even criminal charges, and
* could be refused future services by the Ministry of Social Development and Poverty Reduction.

===Getting benefits under a pension plan===
'''Old Age Security''' provides Canadian residents with a monthly pension beginning at age 65. People between age 60 and 64 whose spouse qualifies for a low-income pension supplement can receive an allowance benefit. To qualify for the '''allowance''' as a spouse, you need to be living together for '''one year'''.

The '''Canada Pension Plan''' allows pension credits earned during a marriage-like relationship to be divided. This is true as long as spouses have lived together for at least one year and an application is made within four years of the separation date.

Private pension plans generally don’t provide benefits for people who aren’t spouses.

===Getting employment insurance benefits===
The federal government provides '''employment ensurance (EI) benefits''' to workers who lose their job. You may be eligible for EI benefits if you leave a job to follow your partner to a new place. Employment insurance defines a couple as '''spouses''' if they’ve lived together in a “conjugal relationship” for at least '''12 months''' in a row.

You can also get EI benefits if you leave your job to follow your partner if you’re:

* expecting the birth of a child, or
* caring for an immediate family member.

Note that you won’t qualify for benefits if the government concludes there were reasonable ways you could have kept your job. These might include requesting a transfer or commuting from the new place of residence.

===Coverage under your partner’s medical and dental plans===
The BC Medical Services Plan covers people who live together in a marriage-like relationship. There’s no requirement about how long you must be living together.

Medical or dental plans or employers’ extended health plans generally don’t provide benefits for people who aren’t spouses.

==Common questions==

===Will I have to go to court?===
If you separate, you may have to go to court to sort out some of your support and property rights. BC Provincial Court can help you deal with support for you and your children, plus guardianship, parenting arrangements, contact, and ownership of a companion animal. Other than in relation to companion animals, Provincial Court can’t deal with property issues. It also can’t make orders about who will live in the family home. For these issues, you’ll have to go to the BC Supreme Court.

{| class="wikitable"
|align="left"|'''Tip'''
You may be able to deal with some or all of your family law issues outside of court through '''mediation'''. You can try contacting a '''family justice counsellor'''. They are mediators who are specially trained to help families with guardianship, parenting, child and spousal support, and ownership of a companion animal. They can also provide information and referral for other family law issues. [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors See the BC government website to learn more].
|}

===Do I need to make a will?===
If you want to make sure your partner and children are taken care of after your death, you need to make a '''will'''. In it, you can say who you want your property to go to. You can also name a guardian. They’ll be legally responsible for your children after you and your partner die.

For more, [[Preparing a Will and Estate Planning|see our information on preparing a will]] and [[When Someone Dies Without a Will|when someone dies without a will]].

==Who can help==

===With more information===
The wikibook ''JP Boyd on Family Law'', hosted by Courthouse Libraries BC, has information on unmarried relationships.

* [[Other Unmarried Relationships|Visit website]]

'''Legal Aid BC''' has information about family law basics in its booklet ''Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce''.

* [https://legalaid.bc.ca/publications/pub/living-together-or-living-apart Visit website]

===Free and low-cost legal help===
Options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help|See our information on free and low-cost legal help]].

{{Dial-A-Law_Navbox|type=families}}
{{Dial-A-Law Copyright}}

Mediation, Collaborative Negotiation, and Arbitration

2024-10-14T19:09:41Z

Elena Renderos: /* How can I find a mediator? */

{{REVIEWEDPLS | reviewer = [https://www.boydarbitration.ca/ JP Boyd KC], Boyd Arbitration Chambers; [https://duncanallenlaw.com/team_member/tannis-baradziej/ Tannis Baradziej], Duncan Allen Law LLP; and Manjeet Chana, People's Law School|date= August 2021}} {{Dial-A-Law TOC|expanded = disputes}}
Going to court over a family law problem can be stressful, time consuming, and expensive. Learn how to use mediation, collaborative negotiation, or arbitration to resolve issues without going to court.

{| class="wikitable"
|align="left"|'''Alert!'''
This information has been updated to reflect [https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing/ changes to the ''Divorce Act''] that took effect on March 1, 2021, as well as [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 new Provincial Court Family Rules] that took effect on May 17, 2021.
|}

==What you should know==

===You don’t have to go to court===
When spouses, partners or parents separate, they have to sort out their legal problems. These problems can include deciding how to divide property and debts and who gets to stay in the family home. They also have to figure out whether one of them will pay support to the other. If there are children, more family law problems need to be worked out, including where the children will live and how decisions about them will be made.

Lots of people think going to court is the only way to deal with these issues. Sometimes that’s true. For example, if someone is violent, is threatening to take the children out of town, or is hiding significant property.

But most family law problems can be resolved without going to court. In fact, both the provincial ''Family Law Act'' and the federal ''Divorce Act'' '''require''' people to try to resolve their disagreements out of court. Among the approaches available are '''mediation''', '''collaborative negotiation''', and '''arbitration'''.

{| class="wikitable"
|align="left"|'''Rule changes to help parties stay out of court'''
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/120_2020 Provincial Court Family Rules] that came into effect on May 17, 2021 focus on early resolution of family issues so that people don’t have to go to court.
|}

===What mediation involves===
In '''mediation''', the people in a conflict meet with a neutral person — a '''mediator''' — who helps them talk to each other and find a solution they agree on. Usually the mediator is a lawyer or another trained professional. A family lawyer who works as a mediator can also offer general information about family law.

Without taking sides or giving legal advice, the mediator:

* listens to what’s important to each of you,
* gets input from both sides on the issues, and
* helps you and your spouse come to your own decisions and find a way forward.

If you and your ex have a child, the mediator will help you make decisions that are in the child’s best interests. The mediator can’t make any decisions themself; their goal is to help the two of you make decisions and reach an agreement about your family law problems on your own.

====Advantages of mediation====
Mediation is '''less expensive''' than going to court. You may be able to get free mediation help from a family justice counsellor (a specially trained government worker). Or you can contact a private mediator and ask about the cost and mediation process. Private mediators usually charge an hourly rate, and you and your ex will usually split the cost.

Mediation can lead to a resolution '''faster''' than a court action. And it’s a '''more private''' process. Because it’s confidential, any proposals made during mediation can’t be used against you down the road or if you go to court.

====How long a mediation takes====
Mediation meetings are normally two to six hours long. There may be more than one meeting, depending on how complex the family law problems are, and how many of them need to be resolved. Sometimes the mediator will meet with each of you separately. You may both be given extra tasks to do between meetings. These will usually include gathering additional documents and information.

====A written agreement====
At the end of a successful mediation, a mediator will sometimes prepare written '''minutes of settlement'''. These are notes, made during the mediation itself, that describe how you and your spouse settled your issues.

The mediator may or may not be a lawyer. When the mediator is a lawyer, remember that they are not ''your'' lawyer. But, they will sometimes prepare a more formal written document — called a separation agreement — ''after'' the mediation. It’s a record of how each issue was resolved. It also sets out the terms of the agreement you and your spouse made at the mediation.

When the mediator ''is not'' a lawyer, one person’s lawyer will usually prepare the formal agreement. Regardless of who writes the agreement, you and your ex should get independent legal advice from separate lawyers. You should do this ''before'' you sign the agreement. This involves each of you meeting with your own lawyer (if you have one) to get legal advice about:

* what the agreement means
* what rights and obligations it gives to each of you
* how the agreement affects other legal options that might otherwise be available

{| class="wikitable"
|align="left"|'''Consider unbundling'''
The website [https://unbundlinglaw.peopleslawschool.ca/ Unbundled Legal Services] can help you find a lawyer who will review a draft of your agreement and give you independent legal advice '''before''' you sign it.
|}

===What collaborative negotiation involves===
'''Collaborative negotiation''', also known as “collaborative practice” or “collaborative family law,” is a kind of negotiation where you and your ex each have your own lawyer. You, your ex, and your lawyers agree to do everything possible to reach a settlement without going to court.

In fact, it’s usually agreed in advance that if either of you start a court case, the lawyers will stop acting in the matter. If you want to continue with a lawyer, you’ll have to hire a new one.

Collaborative negotiation is centered on the needs of you, your ex, and your children. The approach emphasizes the need for full disclosure, as well as a safe and respectful negotiation environment.

====How it works====
In collaborative negotiation, you and your ex meet, together with your lawyers, to work towards settling the issues. Your lawyer is your advocate and support through the negotiations. The number of meetings required will depend on how many issues need to be resolved and how complicated they are. Occasionally an agreement is reached after only one meeting.

Specialists such as counsellors, child psychologists, and financial experts may be used to help reach a settlement.

When you and your ex reach an agreement on the legal problems, your lawyers will put the agreement in writing.

===What arbitration involves===
In '''arbitration''', you and your ex hire a neutral person called a '''family law arbitrator'''. The arbitrator’s job is to listen to your evidence and your arguments, and make a decision resolving your legal problems, like a judge would.

Sometimes arbitrators will use arbitration and mediation together in a process called '''mediation-arbitration''' or '''med-arb''' for short. You and your ex will work with the arbitrator to decide about the rules that will apply in your arbitration, including whether you will also use mediation.

A family law arbitrator is especially useful when:

* you and your ex need to have someone else make a decision for you, and
* court is too expensive or too stressful an option.

====How it works====
Before the arbitration, you and your ex will exchange documents about your family law problems. For example, you’ll have to exchange income tax returns if child or spousal support is in dispute.

At the arbitration hearing, the family law arbitrator — unlike a mediator or collaborative lawyer — acts like a judge. The arbitrator hears both sides, reviews the evidence, and then makes a decision. The arbitrator will give you their decision in writing.

Like mediation and collaborative negotiation, arbitration can lead to a resolution '''faster''' than a court action. It’s also a '''more private''' process. And the result of an arbitration is a decision that’s just as binding and enforceable as a court order.

==Common questions==

===When is mediation or collaborative negotiation not appropriate?===
Both approaches are very good ways of resolving family law issues. But mediation or collaborative negotiation aren’t appropriate in all cases. For example, they may not work well if there’s been family violence or child abuse. They also won’t work well if one party refuses to participate fairly in the process.

===How can I find a mediator?===
It depends on what kind of mediator you are looking for.

[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors Family justice counsellors] are trained mediators who may be able to help at no cost. They assist separating couples with guardianship, parenting arrangements, contact, child and spousal support, and ownership of a companion animal. At some Provincial Court locations, meeting with a family justice counsellor is one of the first steps in the court process. Phone 1-844-747-3963. You can also [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice visit the BC government’s Family Justice website].

To find a private family law mediator, phone the '''Lawyer Referral Service''' at 604-687-3221 in Metro Vancouver or toll-free 1-800-663-1919 elsewhere in BC, or [https://www.accessprobono.ca/our-programs/lawyer-referral-service visit their website]. A private family law mediator is especially useful where the issues in dispute include how to divide up property and debts.

'''Family Mediation Canada''' has a directory of some family mediators. Call toll-free 1-877-269-2970, or [https://www.fmc.ca/ visit their website].

'''Mediate BC''' keeps a list of family mediators in British Columbia. [http://www.mediatebc.com/ Visit mediatebc.com] or call toll-free 1-877-656-1300.

Not all lawyers who are mediators are members of these groups.

===How can I find a collaborative lawyer?===
Phone the '''Lawyer Referral Service''' at 604-687-3221 in Metro Vancouver or 1-800-663-1919 elsewhere in BC, or [https://www.accessprobono.ca/our-programs/lawyer-referral-service visit their website].

Visit the '''BC Collaborative Roster Society’s''' [https://www.bccollaborativerostersociety.com/ website] or '''Collaborative Divorce Vancouver’s''' [http://www.collaborativedivorcebc.com/ website] for the names of member lawyers. Not all lawyers who are collaborative lawyers are members of these groups.

You can do an online search to see if there is a collaborative professional or group of professionals in your area.

===Can an agreement made after a mediation or collaborative process be changed?===
Yes, it can be changed in two ways:

* if both parties agree to change it, or
* if a court sets the agreement aside.

If everyone wants to change the agreement, they can go back to mediation or collaborative negotiation. Or they can go to court. A court will generally not want to change an agreement that was fairly negotiated. But the court may make an order on different terms if there was an important, unexpected change in circumstances after the agreement was signed.

===How can I find an arbitrator?===
To find a family law arbitrator, phone the '''Lawyer Referral Service''' at 604-687-3221 in Metro Vancouver or toll-free 1-800-663-1919 elsewhere in BC, or [https://www.accessprobono.ca/our-programs/lawyer-referral-service visit their website].

The '''ADR Institute of British Columbia''' has a directory of some family law arbitrators. Call toll-free 1-877-332-2264 or [https://mbr.adric.ca/ADRBC/ADR_Connect/ADR_Connect_Search.aspx visit their website].

You can also check the '''Arbitrators Association of British Columbia''', which is an independent association of professional arbitrators and mediators. They too have a directory of arbitrators. Call 604-331-4454 or [https://www.labour-arbitrators.bc.ca/ visit their website].

Not all lawyers who are arbitrators are members of these groups.

===What questions should I ask the mediator, collaborative lawyer, or arbitrator?===
To help decide on a mediator, collaborative lawyer, or an arbitrator, you may want to meet with a few and ask some questions. Such as:
* Do they belong to any professional organizations for mediators, collaborative lawyers, or arbitrators?
* What kind of training have they received, and how long have they practiced as a mediator, collaborative lawyer, or arbitrator?
* What kinds of family law issues do they handle? (Some mediators, for example, may only deal with disagreements involving parenting arrangements — including parenting time — and contact. Others only deal with financial or property issues.)
* How much do they think the process will cost?

==Who can help==

===With more information===
The wikibook ''JP Boyd on Family Law'' explains how to resolve family law disputes out of court.

:[[Resolving_Family_Law_Problems_out_of_Court|Visit website]]

The '''Family Law in BC website''' from Legal Aid BC has information about mediation, collaborative lawyers, and arbitration.

:[https://family.legalaid.bc.ca/visit Visit website]

===Free and low-cost legal help===
Family justice counsellors in '''Family Justice Centres''' throughout BC can help with guardianship, parenting, child support, and related issues. Their services are free.

:Call 1-800-663-7867 (toll-free)
:[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors Visit website]

Also check '''Unbundling Legal Services''' at [http://unbundlinglaw.ca/ unbundlinglaw.ca] for family lawyers and paralegals open to being hired for discrete tasks on a family law matter.

Other options for legal help include legal aid, pro bono services, legal clinics, and advocates. [https://dialalaw.peopleslawschool.ca/free-and-low-cost-legal-help/ See our information on free and low-cost legal help].

{{Dial-A-Law_Navbox|type=families}}
{{Dial-A-Law Copyright}}

Choosing a Lawyer

2024-04-05T02:27:06Z

Elena Renderos:

{{REVIEWEDPLS | reviewer = [https://ascentemploymentlaw.ca/about/team/richard-b-johnson/], Richard Johnson|date= March 2024}} {{Dial-A-Law TOC|expanded = help}}
A lawyer can help you understand how the law applies to your situation and, if required, represent you in resolving the matter. Learn the steps involved in choosing a lawyer.

==What you should know==

===Why you might need a lawyer===
If you have a legal problem, a lawyer can help you figure out what to do. They can tell you how the law applies to your situation and what your options are. They can tell you what they think will happen based on other cases they’ve worked on, and can represent you if required. A lawyer can help you get the best result possible.

If you have been seriously injured or mistreated, a lawyer can help you seek compensation. If you are facing criminal charges or a lawsuit, a lawyer can help you understand your rights, and the strengths and weaknesses of your case. A lawyer knows the rules and procedures for arguing the case in court. A lawyer can make a big difference in whether or not your side of the story is effectively presented to a judge or jury.

A lawyer can help you prepare a will, plan for your future care, or buy a new home. They can advise you on starting a small business or negotiate and understand an employment contract. They can ease the pain of a family breakup, helping you negotiate a separation agreement, resolve any issues with children, or get a divorce order.

===Lawyers can provide a full range of legal services===
Lawyers are available to assist clients with all legal matters. They often limit their practices to certain types of issues such as real estate, wills and estates, family law, immigration law, criminal law, employment law, and advising businesses. Some lawyers choose to focus on certain areas of law — for example, courtroom work (also called '''litigation''') or transactional work (also called '''solicitor’s''' practice).

Lawyers have extensive training in the law. They are licensed by a regulator (the [https://www.lawsociety.bc.ca Law Society of BC]) that sets standards for practice and requires ongoing professional development. Lawyers are '''insured''' against malpractice, which means that if they make mistakes or cause issues in the course of their work that result in harm, they have an insurance policy that can compensate you.

===Notaries offer some legal services===
In British Columbia, '''notaries''' are able to assist clients with certain types of transactional matters. For example, a notary (also called a “notary public”) can prepare the paperwork to buy or sell a home or business. They can prepare most types of wills, as well as personal planning documents such as a power of attorney or a representation agreement.

They can also notarize documents, such as affidavits and documents that must be certified, and prepare travel paperwork, such as passport applications and proof of identity documents for travelling.

Notaries do not represent clients in court. For example, they don’t assist clients with criminal matters, family matters, or disputes that can end up in court. If a real estate transaction collapses, for instance, and the parties are fighting about who is responsible, a notary can’t help. You can seek the help of a lawyer.

===You can hire a lawyer to just handle parts of your legal matter===
Instead of hiring a lawyer to handle your entire legal matter, you can hire a lawyer to handle specific parts. Doing so “unbundles” these tasks from the parts you can do yourself. With '''unbundled legal services''', you get assistance where you need it most, at a cost you can manage. You pay only for the tasks the lawyer works on.

For example, if you’re going to court, you can hire a lawyer to help you prepare documents or to coach you on how to present your case. You can then go to court and represent yourself using that coaching.

Unbundling works well for many people and many types of legal matters — but not for all. To learn about unbundled legal services and whether it might be a good fit for your situation, see [http://unbundlinglaw.ca/ unbundlinglaw.ca].

==Steps to choose a lawyer==

===Step 1. Think about what you need===
Think about the type of lawyer you want to work with. For example, find out if they:
* offer services in the area of law you need
* have experience dealing with cases like yours
* offer “unbundled” services, where (as explained above) you hire them to help with part of your legal matter
* come recommended from friends or family, or have favourable reviews online

===Step 2. Find a lawyer===
Here are some ways to find a lawyer in British Columbia.

====The Lawyer Referral Service====
The Lawyer Referral Service, operated by Access Pro Bono, helps connect you with a lawyer for a free 15-minute consultation. You explain your situation, and the service suggests a lawyer who does that type of law in your area of the province. You can schedule an appointment with them for a free 15-minute consultation to see if you want to hire them. [https://www.accessprobono.ca/our-programs/lawyer-referral-service See their website for details].

====The BC Legal Directory====
The Canadian Bar Association, BC Branch provides a directory that allows you to search for a lawyer by community or area of law. It can be a good way to find a lawyer with expertise in a certain area. Many lawyers will provide a free consultation to see if you want to hire them. [https://www.cbabc.org/Directory/Find-a-Lawyer/_Search You can search the directory here].

{| class="wikitable"
|align="left"|'''Find a notary'''
As described above, '''notaries''' can help with some legal matters in BC, such as preparing a will or other planning documents, or buying or selling a home. On [https://www.bcnotaryassociation.ca/find/ the BC Notaries Association website], you can search for a notary in your area of the province.
|}

====If you have a low or modest income====
* If you are facing some types of criminal, family, or immigration problems, [https://legalaid.bc.ca/services Legal Aid BC] may be able to provide you with a lawyer for free.
* [https://clasbc.net/ Community Legal Assistance Society] (CLAS) provides free legal assistance to people facing certain types of eviction, human rights, or work-related issues.
* With [https://www.accessprobono.ca/get-legal-help pro bono legal services], lawyers volunteer to provide free legal advice to those who can’t afford a lawyer or get legal aid.

We explain these options and more in our page on [https://www.accessprobono.ca/get-legal-help free and low-cost legal help].

===Step 3. Prepare for the first interview===
Once you find a lawyer, arrange a time to meet with them. At this first interview, they will want information about you and your situation, in order to provide you with the best advice.

====Collect and organize your information====
Your lawyer can best serve you if they have a clear picture of your problem and goal. Make notes of all the facts of your case, in an organized way — usually chronologically (by time) is best. Gather and organize all the documents on your case. Bring the notes and documents to your meeting.

For example, if you think someone has defamed you, write down what was said and who heard it. Bring any records you have of the defamatory statements, like emails or texts. Gather any evidence you have that proves the identity of the person who made the comments. This lets the lawyer advise you properly and efficiently.

====Ask lots of questions====
At the first interview with a lawyer, they are getting information about you. As well, you are deciding if you want to hire them to help you with your legal matter. Use this opportunity to get as much information as you can. Ask questions, such as:
* Does the lawyer have experience in your type of matter?
* How long will your matter probably take?
* Can the lawyer work on your matter right away?
* What steps will resolve your matter and how much time will each step likely take?
* How will the lawyer keep in touch with you?

====Ask about fees and expenses====
Always ask about fees and expenses in the first interview. Ask the lawyer to estimate how much it will cost to fully deal with your legal matter — including expenses (called '''disbursements'''). Ask the lawyer:
* How they charge — a flat rate, by the hour, or a percentage of what you win?
* How much is their retainer? (A retainer is the amount to pay before the lawyer starts work.)
* How they will bill you: monthly or at the end?

See our information on [https://dialalaw.peopleslawschool.ca/lawyers-fees/ lawyers’ fees] for more on this topic.

====Ask if you have a strong case====
If you are in a dispute, ask the lawyer for a realistic opinion of your case and your chance of winning. Should you settle the case instead of suing? Can you do anything to reduce the lawyer’s time on your case, and to reduce your costs?

====Find “fit”====
Most legal matters are stressful. Make sure you feel comfortable with the lawyer you choose and that you can talk with them openly about your matter. That relationship of trust and honesty is really important.

===Step 4. Decide on how to proceed===
In your meeting with the lawyer, they will provide you with their '''retainer agreement''' (a type of contract). It outlines how you would work together and how the lawyer’s fee would be calculated and paid. If both you and the lawyer decide to proceed, you would sign the retainer agreement.

{| class="wikitable"
|align="left"|'''Good communication is key'''
Problems between lawyers and clients often result from poor communication. Once you hire a lawyer, tell them you want to be informed of all developments. A good way to do this is having the lawyer automatically send you a copy of all correspondence on your matter. If problems come up, start by discussing your concerns directly with the lawyer. For more, see our information on [https://dialalaw.peopleslawschool.ca/problem-with-a-lawyer/ if you have a problem with your lawyer].
|}

{{Dial-A-Law_Navbox|type=courts}}
{{Dial-A-Law Copyright}}

Template:Dial-A-Law TOC

2024-03-05T06:19:46Z

Elena Renderos:

<div class="noglossary nomobile">
{{Sidebar with collapsible lists
|name = Dial-A-Law TOC
|outertitle =
|topimage =
|pretitle =
|title = [[Dial-A-Law]]
|image = [[image:Dial-A-Law full cover image.jpg|70px|left|link=Dial-A-Law‎|alt=Dial-A-Law‎]]This page is from '''Dial-A-Law‎''', a starting point for information on the law in British Columbia. See the [[Dial-A-Law‎|full contents]].
|expanded = {{{expanded|}}}

| expanded = {{{expanded|{{{1|}}}}}} 

|headingstyle = border-top:1px solid #CCCCCC; padding-top:1px;
| liststyle = text-align: left;
| contentstyle = text-align: center;width:20em;

|heading1 = About
|content1 = [[Introduction to Dial-A-Law | Introduction]]

|heading2 = Consumer & Money
| list2name = cars
| list2title = Cars & Getting Around
| list2 =

{{·}}[[Problem with a Used Car]]

{{·}}[[Leasing a Car]]

{{·}}[[Car Repairs]]

{{·}}[[Insurance Benefits and Compensation for Accident Victims|Insurance & Accident Victims]]

{{·}}[[If You're Injured in a Motor Vehicle Accident|Injured in a Motor Vehicle Accident]]

{{·}}[[Making a Vehicle Damage Claim]]

{{·}}[[The Points System and ICBC|The Points System & ICBC]]

| list3name = consumer
| list3title = Consumer
| list3 =

{{·}}[[Problem with a Purchase|Problem with a Purchase]]

{{·}}[[The Basics of Making a Purchase|The Basics of Making a Purchase]]

{{·}}[[Online Shopping |Online Shopping ]]

{{·}}[[If You're Not Happy with a Service|If You're Not Happy with a Service]]

{{·}}[[Fitness Centres, Yoga Studios, and Other “Continuing Service Contracts”|Continuing Service Contracts]]

| list4name = money
| list4title = Money & Debt
| list4 =

{{·}}[[Getting a Credit Card]]

{{·}}[[Disputing a Credit Card Bill]]

{{·}}[[Taking Charge of Your Credit Report|Credit Reports]]

{{·}}[[Co-Signing or Guaranteeing a Loan]]

{{·}}[[Collecting on a Debt]]

{{·}}[[When a Creditor Wants to Take Money From Your Wages or Bank Account|Garnishment]]

{{·}}[[You Have Options for Getting Out of Debt|Options for Getting Out of Debt]]

{{·}}[[Dealing with Debt Collectors]]

{{·}}[[Understanding Warehouse Liens|Warehouse Liens]]

{{·}}[[Financial Help for People with Disabilities]]

{{·}}[[Income Assistance: Reconsiderations and Appeals|Income Assistance]]

{{·}}[[Your Bank Account]]

|heading5 = Work & Business

| list5name = work
| list5title = Work
| list5 =
{{·}}[[Protection Against Job Discrimination|Job Discrimination]]

{{·}}[[Sexual Harassment]]

{{·}}[[Farm Workers' Wages]]

{{·}}[[Farm Workers' Rights]]

{{·}}[[Workers' Compensation]]

{{·}}[[Appealing a Workers' Compensation Decision|Workers' Compensation Appeals]]

{{·}}[[If You Are Fired: Wrongful Dismissal|If You Are Fired]]

{{·}}[[Getting Laid Off]]

{{·}}[[If You Quit Your Job|If You Quit]]

{{·}}[[Applying for Employment Insurance|Applying for EI]]

| list6name = business
| list6title = Business
| list6 =
{{·}}[[Starting a Small Business]]

{{·}}[[Incorporating a Company]]

{{·}}[[Forming a Partnership]]

{{·}}[[Trademarks, Copyright and Other Intellectual Property|Intellectual Property]]

{{·}}[[Music Law]]

|heading7 = Families & Children

| list7name = relationships
| list7title = Family Relationships
| list7 =
{{·}}[[Introduction to Family Law|Introduction to Family Law]]

{{·}}[[Getting Married in British Columbia|Getting Married]]

{{·}}[[Marriage Agreements and Cohabitation Agreements|Marriage & Cohabitation Agreements]]

{{·}}[[Couples Who Are Not Spouses: Your Income, Support and Property Rights|Couples Who Are Not Spouses]]

{{·}}[[Introduction to Family Violence|Family Violence]]

{{·}}[[Changing Your Name|Changing Your Name]]

| list8name = divorce
| list8title = Divorce & Separation
| list8 =
{{·}}[[Separation and Separation Agreements|Separation & Separation Agreements]]

{{·}}[[Deciding Who Will Move Out When You Separate|Deciding Who Will Move Out]]

{{·}}[[Requirements for Divorce and Annulment|Requirements for Divorce & Annulment]]

{{·}}[[Desk Order Divorce: The Do-It-Yourself Divorce Process|Desk Order Divorce]]

{{·}}[[Responding to Divorce Proceedings|Responding to Divorce Proceedings]]

{{·}}[[Guardianship, Parenting Arrangements, and Contact|Guardianship & Parenting Arrangements]]

{{·}}[[Introduction to Child Support|Child Support]]

{{·}}[[Introduction to Spousal Support|Spousal Support]]

{{·}}[[Enforcing Support Orders and Agreements|Enforcing Support Orders & Agreements]]

{{·}}[[Tax Implications of Support Payments|Tax Implications of Support Payments]]

{{·}}[[Dividing Property and Debts|Dividing Property & Debts]]

| list9name = children
| list9title = Children
| list9 =
{{·}}[[Children's Rights|Children's Rights]]

{{·}}[[Children Born Outside Marriage|Children Born Outside Marriage]]

{{·}}[[Adoption of a Child|Adoption]]

{{·}}[[Adoption Registries|Adoption Registries]]

{{·}}[[Reporting Suspected Child Abuse|Reporting Suspected Child Abuse]]

{{·}}[[Child Protection and Removal|Child Protection & Removal]]

| list10name = disputes
| list10title = Resolving Family Disputes
| list10 =
{{·}}[[Mediation, Collaborative Negotiation, and Arbitration|Mediation, Collaborative & Arbitration]]

{{·}}[[Provincial (Family) Court|Family Court]]

{{·}}[[Applying for an Interim Order in a Family Law Case in Supreme Court|Applying for an Interim Family Order]]

|heading11 = Life

| list11name = health
| list11title = Health
| list11 =
{{·}}[[Adults and Consent to Health Care]]

{{·}}[[Children and Consent to Health Care]]

{{·}}[[Getting Your Medical Records]]

{{·}}[[Hospitalizing a Mentally Ill Person]]

{{·}}[[If You Have a Problem with a Doctor]]

{{·}}[[Medical Malpractice]]

| list12name = home
| list12title = Home & Neighbours
| list12 =
{{·}}[[Buying a Home]]

{{·}}[[Buying a Condominium|Buying a Condo]]

{{·}}[[Mortgages and Financing a Home Purchase|Mortgages & Financing a Home]]

{{·}}[[Selling Your Home]]

{{·}}[[Builders Liens]]

{{·}}[[Owning a Condominium|Owning a Condo]]

{{·}}[[Co-operative Housing: Members' Rights and Duties|Co-op Housing]]

{{·}}[[Residential Tenancy]]

{{·}}[[Neighbour Law]]

{{·}}[[Home Repair Contractors]]

{{·}}[[Foreclosure]]

| list13name = rights
| list13title = Rights & Citizenship
| list13 =
{{·}}[[Defamation: Libel and Slander|Defamation]]

{{·}}[[Freedom of Information and Protection of Privacy|Information & Privacy]]

{{·}}[[Human Rights and Discrimination Protection|Human Rights & Discrimination]]

{{·}}[[Charter Rights: Overview]]

{{·}}[[Charter Rights: Legal Rights]]

{{·}}[[Charter Rights: Equality Rights]]

{{·}}[[Aboriginal Law]]

{{·}}[[Immigrating to British Columbia|Immigrating to BC]]

{{·}}[[Seniors' Rights and Elder Abuse|Seniors' Rights & Elder Abuse]]

| list14name = wills
| list14title = Wills, Planning & Estates
| list14 =
{{·}}[[Preparing a Will and Estate Planning|Preparing a Will & Estate Planning]]

{{·}}[[Challenging a Will]]

{{·}}[[Your Duties As Executor|Duties of an Executor]]

{{·}}[[When Someone Dies Without a Will]]

{{·}}[[When Your Common-Law Spouse Dies]]

{{·}}[[Powers of Attorney and Representation Agreements|Powers of Attorney & Rep Agreements]]

{{·}}[[Committeeship]]

|heading15 = Courts & Crime

| list15name = courts
| list15title = Courts & Resolving Disputes
| list15 =
{{·}}[[Resolving Disputes Without Going to Court]]

{{·}}[[Our Court System in a Nutshell]]

{{·}}[[Starting a Lawsuit]]

{{·}}[[Suing Someone in Small Claims Court]]

{{·}}[[Being Sued in Small Claims Court]]

{{·}}[[Going to Trial in Small Claims Court]]

{{·}}[[Appearing in Court by Phone]]

{{·}}[[Getting Your Judgment Paid]]

{{·}}[[Class Actions in British Columbia|Class Actions]]

| list16name = crime
| list16title = Crime
| list16 =
{{·}}[[If You Receive an Appearance Notice or Summons|Appearance Notices & Summonses]]

{{·}}[[Defending Yourself Against a Criminal Charge|Defending Against a Criminal Charge]]

{{·}}[[Pleading Guilty to a Criminal Charge|Pleading Guilty]]

{{·}}[[Outstanding Warrants and Welfare|Outstanding Warrants & Welfare]]

{{·}}[[Possession of Marijuana]]

{{·}}[[Shoplifting]]

{{·}}[[Impaired Driving]]

{{·}}[[Driving While Prohibited]]

{{·}}[[Driving Without Insurance]]

{{·}}[[Traffic Tickets]]

{{·}}[[Conditional Sentences, Probation, and Discharges|Sentences & Discharges]]

{{·}}[[Criminal Records & Record Suspensions]]

{{·}}[[Being a Witness]]

{{·}}[[Complaints Against the RCMP ]]

{{·}}[[Complaints Against the Municipal Police|Against Municipal Police]]

{{·}}[[Firearms and the Firearms Act|Firearms & the ''Firearms Act'']]

{{·}}[[Charging Someone with a Criminal Offence]]

{{·}}[[Peace Bonds and Assault Charges|Peace Bonds & Assault Charges]]

{{·}}[[Stalking, Criminal Harassment, and Cyberbullying|Stalking, Harassment & Cyberbullying]]

{{·}}[[Young People and Criminal Law|Young People & Criminal Law]]

{{·}}[[Youth Justice Court Trials|Youth Court Trials]]

| list17name = help
| list17title = Legal Help & Lawyers
| list17 =
{{·}}[[Free and Low-Cost Legal Help|Free & Low-Cost Legal Help]]

{{·}}[[Choosing a Lawyer]]

{{·}}[[Lawyers' Fees: Preventing and Solving Problems|Lawyers' Fees]]

{{·}}[[If You Have a Problem with a Lawyer]]

{{·}}[[The Law Society, Bar Associations, and Law Foundation|Law Society & Bar Associations]]

|heading18 = From
|content18 = Visit more from [[People's Law School]] [[image:Peopleslawschoollogo-horizontal.jpg|120px|center|People's Law School|link=People's Law School]]

}}
</div>

Template:Dial-A-Law TOC

2024-03-05T06:18:55Z

Elena Renderos:

<div class="noglossary nomobile">
{{Sidebar with collapsible lists
|name = Dial-A-Law TOC
|outertitle =
|topimage =
|pretitle =
|title = [[Dial-A-Law]]
|image = [[image:Dial-A-Law full cover image.jpg|70px|left|link=Dial-A-Law‎|alt=Dial-A-Law‎]]This page is from '''Dial-A-Law‎''', a starting point for information on the law in British Columbia. See the [[Dial-A-Law‎|full contents]].
|expanded = {{{expanded|}}}

| expanded = {{{expanded|{{{1|}}}}}} 

|headingstyle = border-top:1px solid #CCCCCC; padding-top:1px;
| liststyle = text-align: left;
| contentstyle = text-align: center;width:20em;

|heading1 = About
|content1 = [[Introduction to Dial-A-Law | Introduction]]

|heading2 = Consumer & Money
| list2name = cars
| list2title = Cars & Getting Around
| list2 =

{{·}}[[Problem with a Used Car]]

{{·}}[[Leasing a Car]]

{{·}}[[Car Repairs]]

{{·}}[[Insurance Benefits and Compensation for Accident Victims|Insurance & Accident Victims]]

{{·}}[[If You're Injured in a Motor Vehicle Accident|If You're Injured in a Motor Vehicle Accident]]

{{·}}[[Making a Vehicle Damage Claim]]

{{·}}[[The Points System and ICBC|The Points System & ICBC]]

| list3name = consumer
| list3title = Consumer
| list3 =

{{·}}[[Problem with a Purchase|Problem with a Purchase]]

{{·}}[[The Basics of Making a Purchase|The Basics of Making a Purchase]]

{{·}}[[Online Shopping |Online Shopping ]]

{{·}}[[If You're Not Happy with a Service|If You're Not Happy with a Service]]

{{·}}[[Fitness Centres, Yoga Studios, and Other “Continuing Service Contracts”|Continuing Service Contracts]]

| list4name = money
| list4title = Money & Debt
| list4 =

{{·}}[[Getting a Credit Card]]

{{·}}[[Disputing a Credit Card Bill]]

{{·}}[[Taking Charge of Your Credit Report|Credit Reports]]

{{·}}[[Co-Signing or Guaranteeing a Loan]]

{{·}}[[Collecting on a Debt]]

{{·}}[[When a Creditor Wants to Take Money From Your Wages or Bank Account|Garnishment]]

{{·}}[[You Have Options for Getting Out of Debt|Options for Getting Out of Debt]]

{{·}}[[Dealing with Debt Collectors]]

{{·}}[[Understanding Warehouse Liens|Warehouse Liens]]

{{·}}[[Financial Help for People with Disabilities]]

{{·}}[[Income Assistance: Reconsiderations and Appeals|Income Assistance]]

{{·}}[[Your Bank Account]]

|heading5 = Work & Business

| list5name = work
| list5title = Work
| list5 =
{{·}}[[Protection Against Job Discrimination|Job Discrimination]]

{{·}}[[Sexual Harassment]]

{{·}}[[Farm Workers' Wages]]

{{·}}[[Farm Workers' Rights]]

{{·}}[[Workers' Compensation]]

{{·}}[[Appealing a Workers' Compensation Decision|Workers' Compensation Appeals]]

{{·}}[[If You Are Fired: Wrongful Dismissal|If You Are Fired]]

{{·}}[[Getting Laid Off]]

{{·}}[[If You Quit Your Job|If You Quit]]

{{·}}[[Applying for Employment Insurance|Applying for EI]]

| list6name = business
| list6title = Business
| list6 =
{{·}}[[Starting a Small Business]]

{{·}}[[Incorporating a Company]]

{{·}}[[Forming a Partnership]]

{{·}}[[Trademarks, Copyright and Other Intellectual Property|Intellectual Property]]

{{·}}[[Music Law]]

|heading7 = Families & Children

| list7name = relationships
| list7title = Family Relationships
| list7 =
{{·}}[[Introduction to Family Law|Introduction to Family Law]]

{{·}}[[Getting Married in British Columbia|Getting Married]]

{{·}}[[Marriage Agreements and Cohabitation Agreements|Marriage & Cohabitation Agreements]]

{{·}}[[Couples Who Are Not Spouses: Your Income, Support and Property Rights|Couples Who Are Not Spouses]]

{{·}}[[Introduction to Family Violence|Family Violence]]

{{·}}[[Changing Your Name|Changing Your Name]]

| list8name = divorce
| list8title = Divorce & Separation
| list8 =
{{·}}[[Separation and Separation Agreements|Separation & Separation Agreements]]

{{·}}[[Deciding Who Will Move Out When You Separate|Deciding Who Will Move Out]]

{{·}}[[Requirements for Divorce and Annulment|Requirements for Divorce & Annulment]]

{{·}}[[Desk Order Divorce: The Do-It-Yourself Divorce Process|Desk Order Divorce]]

{{·}}[[Responding to Divorce Proceedings|Responding to Divorce Proceedings]]

{{·}}[[Guardianship, Parenting Arrangements, and Contact|Guardianship & Parenting Arrangements]]

{{·}}[[Introduction to Child Support|Child Support]]

{{·}}[[Introduction to Spousal Support|Spousal Support]]

{{·}}[[Enforcing Support Orders and Agreements|Enforcing Support Orders & Agreements]]

{{·}}[[Tax Implications of Support Payments|Tax Implications of Support Payments]]

{{·}}[[Dividing Property and Debts|Dividing Property & Debts]]

| list9name = children
| list9title = Children
| list9 =
{{·}}[[Children's Rights|Children's Rights]]

{{·}}[[Children Born Outside Marriage|Children Born Outside Marriage]]

{{·}}[[Adoption of a Child|Adoption]]

{{·}}[[Adoption Registries|Adoption Registries]]

{{·}}[[Reporting Suspected Child Abuse|Reporting Suspected Child Abuse]]

{{·}}[[Child Protection and Removal|Child Protection & Removal]]

| list10name = disputes
| list10title = Resolving Family Disputes
| list10 =
{{·}}[[Mediation, Collaborative Negotiation, and Arbitration|Mediation, Collaborative & Arbitration]]

{{·}}[[Provincial (Family) Court|Family Court]]

{{·}}[[Applying for an Interim Order in a Family Law Case in Supreme Court|Applying for an Interim Family Order]]

|heading11 = Life

| list11name = health
| list11title = Health
| list11 =
{{·}}[[Adults and Consent to Health Care]]

{{·}}[[Children and Consent to Health Care]]

{{·}}[[Getting Your Medical Records]]

{{·}}[[Hospitalizing a Mentally Ill Person]]

{{·}}[[If You Have a Problem with a Doctor]]

{{·}}[[Medical Malpractice]]

| list12name = home
| list12title = Home & Neighbours
| list12 =
{{·}}[[Buying a Home]]

{{·}}[[Buying a Condominium|Buying a Condo]]

{{·}}[[Mortgages and Financing a Home Purchase|Mortgages & Financing a Home]]

{{·}}[[Selling Your Home]]

{{·}}[[Builders Liens]]

{{·}}[[Owning a Condominium|Owning a Condo]]

{{·}}[[Co-operative Housing: Members' Rights and Duties|Co-op Housing]]

{{·}}[[Residential Tenancy]]

{{·}}[[Neighbour Law]]

{{·}}[[Home Repair Contractors]]

{{·}}[[Foreclosure]]

| list13name = rights
| list13title = Rights & Citizenship
| list13 =
{{·}}[[Defamation: Libel and Slander|Defamation]]

{{·}}[[Freedom of Information and Protection of Privacy|Information & Privacy]]

{{·}}[[Human Rights and Discrimination Protection|Human Rights & Discrimination]]

{{·}}[[Charter Rights: Overview]]

{{·}}[[Charter Rights: Legal Rights]]

{{·}}[[Charter Rights: Equality Rights]]

{{·}}[[Aboriginal Law]]

{{·}}[[Immigrating to British Columbia|Immigrating to BC]]

{{·}}[[Seniors' Rights and Elder Abuse|Seniors' Rights & Elder Abuse]]

| list14name = wills
| list14title = Wills, Planning & Estates
| list14 =
{{·}}[[Preparing a Will and Estate Planning|Preparing a Will & Estate Planning]]

{{·}}[[Challenging a Will]]

{{·}}[[Your Duties As Executor|Duties of an Executor]]

{{·}}[[When Someone Dies Without a Will]]

{{·}}[[When Your Common-Law Spouse Dies]]

{{·}}[[Powers of Attorney and Representation Agreements|Powers of Attorney & Rep Agreements]]

{{·}}[[Committeeship]]

|heading15 = Courts & Crime

| list15name = courts
| list15title = Courts & Resolving Disputes
| list15 =
{{·}}[[Resolving Disputes Without Going to Court]]

{{·}}[[Our Court System in a Nutshell]]

{{·}}[[Starting a Lawsuit]]

{{·}}[[Suing Someone in Small Claims Court]]

{{·}}[[Being Sued in Small Claims Court]]

{{·}}[[Going to Trial in Small Claims Court]]

{{·}}[[Appearing in Court by Phone]]

{{·}}[[Getting Your Judgment Paid]]

{{·}}[[Class Actions in British Columbia|Class Actions]]

| list16name = crime
| list16title = Crime
| list16 =
{{·}}[[If You Receive an Appearance Notice or Summons|Appearance Notices & Summonses]]

{{·}}[[Defending Yourself Against a Criminal Charge|Defending Against a Criminal Charge]]

{{·}}[[Pleading Guilty to a Criminal Charge|Pleading Guilty]]

{{·}}[[Outstanding Warrants and Welfare|Outstanding Warrants & Welfare]]

{{·}}[[Possession of Marijuana]]

{{·}}[[Shoplifting]]

{{·}}[[Impaired Driving]]

{{·}}[[Driving While Prohibited]]

{{·}}[[Driving Without Insurance]]

{{·}}[[Traffic Tickets]]

{{·}}[[Conditional Sentences, Probation, and Discharges|Sentences & Discharges]]

{{·}}[[Criminal Records & Record Suspensions]]

{{·}}[[Being a Witness]]

{{·}}[[Complaints Against the RCMP ]]

{{·}}[[Complaints Against the Municipal Police|Against Municipal Police]]

{{·}}[[Firearms and the Firearms Act|Firearms & the ''Firearms Act'']]

{{·}}[[Charging Someone with a Criminal Offence]]

{{·}}[[Peace Bonds and Assault Charges|Peace Bonds & Assault Charges]]

{{·}}[[Stalking, Criminal Harassment, and Cyberbullying|Stalking, Harassment & Cyberbullying]]

{{·}}[[Young People and Criminal Law|Young People & Criminal Law]]

{{·}}[[Youth Justice Court Trials|Youth Court Trials]]

| list17name = help
| list17title = Legal Help & Lawyers
| list17 =
{{·}}[[Free and Low-Cost Legal Help|Free & Low-Cost Legal Help]]

{{·}}[[Choosing a Lawyer]]

{{·}}[[Lawyers' Fees: Preventing and Solving Problems|Lawyers' Fees]]

{{·}}[[If You Have a Problem with a Lawyer]]

{{·}}[[The Law Society, Bar Associations, and Law Foundation|Law Society & Bar Associations]]

|heading18 = From
|content18 = Visit more from [[People's Law School]] [[image:Peopleslawschoollogo-horizontal.jpg|120px|center|People's Law School|link=People's Law School]]

}}
</div>

Template:Dial-A-Law TOC

2024-03-05T06:17:53Z

Elena Renderos:

<div class="noglossary nomobile">
{{Sidebar with collapsible lists
|name = Dial-A-Law TOC
|outertitle =
|topimage =
|pretitle =
|title = [[Dial-A-Law]]
|image = [[image:Dial-A-Law full cover image.jpg|70px|left|link=Dial-A-Law‎|alt=Dial-A-Law‎]]This page is from '''Dial-A-Law‎''', a starting point for information on the law in British Columbia. See the [[Dial-A-Law‎|full contents]].
|expanded = {{{expanded|}}}

| expanded = {{{expanded|{{{1|}}}}}} 

|headingstyle = border-top:1px solid #CCCCCC; padding-top:1px;
| liststyle = text-align: left;
| contentstyle = text-align: center;width:20em;

|heading1 = About
|content1 = [[Introduction to Dial-A-Law | Introduction]]

|heading2 = Consumer & Money
| list2name = cars
| list2title = Cars & Getting Around
| list2 =

{{·}}[[Problem with a Used Car]]

{{·}}[[Leasing a Car]]

{{·}}[[Car Repairs]]

{{·}}[[Insurance Benefits and Compensation for Accident Victims|Insurance & Accident Victims]]

{{·}}[[Injured in a Motor Vehicle Accident]]

{{·}}[[Making a Vehicle Damage Claim]]

{{·}}[[The Points System and ICBC|The Points System & ICBC]]

| list3name = consumer
| list3title = Consumer
| list3 =

{{·}}[[Problem with a Purchase|Problem with a Purchase]]

{{·}}[[The Basics of Making a Purchase|The Basics of Making a Purchase]]

{{·}}[[Online Shopping |Online Shopping ]]

{{·}}[[If You're Not Happy with a Service|If You're Not Happy with a Service]]

{{·}}[[Fitness Centres, Yoga Studios, and Other “Continuing Service Contracts”|Continuing Service Contracts]]

| list4name = money
| list4title = Money & Debt
| list4 =

{{·}}[[Getting a Credit Card]]

{{·}}[[Disputing a Credit Card Bill]]

{{·}}[[Taking Charge of Your Credit Report|Credit Reports]]

{{·}}[[Co-Signing or Guaranteeing a Loan]]

{{·}}[[Collecting on a Debt]]

{{·}}[[When a Creditor Wants to Take Money From Your Wages or Bank Account|Garnishment]]

{{·}}[[You Have Options for Getting Out of Debt|Options for Getting Out of Debt]]

{{·}}[[Dealing with Debt Collectors]]

{{·}}[[Understanding Warehouse Liens|Warehouse Liens]]

{{·}}[[Financial Help for People with Disabilities]]

{{·}}[[Income Assistance: Reconsiderations and Appeals|Income Assistance]]

{{·}}[[Your Bank Account]]

|heading5 = Work & Business

| list5name = work
| list5title = Work
| list5 =
{{·}}[[Protection Against Job Discrimination|Job Discrimination]]

{{·}}[[Sexual Harassment]]

{{·}}[[Farm Workers' Wages]]

{{·}}[[Farm Workers' Rights]]

{{·}}[[Workers' Compensation]]

{{·}}[[Appealing a Workers' Compensation Decision|Workers' Compensation Appeals]]

{{·}}[[If You Are Fired: Wrongful Dismissal|If You Are Fired]]

{{·}}[[Getting Laid Off]]

{{·}}[[If You Quit Your Job|If You Quit]]

{{·}}[[Applying for Employment Insurance|Applying for EI]]

| list6name = business
| list6title = Business
| list6 =
{{·}}[[Starting a Small Business]]

{{·}}[[Incorporating a Company]]

{{·}}[[Forming a Partnership]]

{{·}}[[Trademarks, Copyright and Other Intellectual Property|Intellectual Property]]

{{·}}[[Music Law]]

|heading7 = Families & Children

| list7name = relationships
| list7title = Family Relationships
| list7 =
{{·}}[[Introduction to Family Law|Introduction to Family Law]]

{{·}}[[Getting Married in British Columbia|Getting Married]]

{{·}}[[Marriage Agreements and Cohabitation Agreements|Marriage & Cohabitation Agreements]]

{{·}}[[Couples Who Are Not Spouses: Your Income, Support and Property Rights|Couples Who Are Not Spouses]]

{{·}}[[Introduction to Family Violence|Family Violence]]

{{·}}[[Changing Your Name|Changing Your Name]]

| list8name = divorce
| list8title = Divorce & Separation
| list8 =
{{·}}[[Separation and Separation Agreements|Separation & Separation Agreements]]

{{·}}[[Deciding Who Will Move Out When You Separate|Deciding Who Will Move Out]]

{{·}}[[Requirements for Divorce and Annulment|Requirements for Divorce & Annulment]]

{{·}}[[Desk Order Divorce: The Do-It-Yourself Divorce Process|Desk Order Divorce]]

{{·}}[[Responding to Divorce Proceedings|Responding to Divorce Proceedings]]

{{·}}[[Guardianship, Parenting Arrangements, and Contact|Guardianship & Parenting Arrangements]]

{{·}}[[Introduction to Child Support|Child Support]]

{{·}}[[Introduction to Spousal Support|Spousal Support]]

{{·}}[[Enforcing Support Orders and Agreements|Enforcing Support Orders & Agreements]]

{{·}}[[Tax Implications of Support Payments|Tax Implications of Support Payments]]

{{·}}[[Dividing Property and Debts|Dividing Property & Debts]]

| list9name = children
| list9title = Children
| list9 =
{{·}}[[Children's Rights|Children's Rights]]

{{·}}[[Children Born Outside Marriage|Children Born Outside Marriage]]

{{·}}[[Adoption of a Child|Adoption]]

{{·}}[[Adoption Registries|Adoption Registries]]

{{·}}[[Reporting Suspected Child Abuse|Reporting Suspected Child Abuse]]

{{·}}[[Child Protection and Removal|Child Protection & Removal]]

| list10name = disputes
| list10title = Resolving Family Disputes
| list10 =
{{·}}[[Mediation, Collaborative Negotiation, and Arbitration|Mediation, Collaborative & Arbitration]]

{{·}}[[Provincial (Family) Court|Family Court]]

{{·}}[[Applying for an Interim Order in a Family Law Case in Supreme Court|Applying for an Interim Family Order]]

|heading11 = Life

| list11name = health
| list11title = Health
| list11 =
{{·}}[[Adults and Consent to Health Care]]

{{·}}[[Children and Consent to Health Care]]

{{·}}[[Getting Your Medical Records]]

{{·}}[[Hospitalizing a Mentally Ill Person]]

{{·}}[[If You Have a Problem with a Doctor]]

{{·}}[[Medical Malpractice]]

| list12name = home
| list12title = Home & Neighbours
| list12 =
{{·}}[[Buying a Home]]

{{·}}[[Buying a Condominium|Buying a Condo]]

{{·}}[[Mortgages and Financing a Home Purchase|Mortgages & Financing a Home]]

{{·}}[[Selling Your Home]]

{{·}}[[Builders Liens]]

{{·}}[[Owning a Condominium|Owning a Condo]]

{{·}}[[Co-operative Housing: Members' Rights and Duties|Co-op Housing]]

{{·}}[[Residential Tenancy]]

{{·}}[[Neighbour Law]]

{{·}}[[Home Repair Contractors]]

{{·}}[[Foreclosure]]

| list13name = rights
| list13title = Rights & Citizenship
| list13 =
{{·}}[[Defamation: Libel and Slander|Defamation]]

{{·}}[[Freedom of Information and Protection of Privacy|Information & Privacy]]

{{·}}[[Human Rights and Discrimination Protection|Human Rights & Discrimination]]

{{·}}[[Charter Rights: Overview]]

{{·}}[[Charter Rights: Legal Rights]]

{{·}}[[Charter Rights: Equality Rights]]

{{·}}[[Aboriginal Law]]

{{·}}[[Immigrating to British Columbia|Immigrating to BC]]

{{·}}[[Seniors' Rights and Elder Abuse|Seniors' Rights & Elder Abuse]]

| list14name = wills
| list14title = Wills, Planning & Estates
| list14 =
{{·}}[[Preparing a Will and Estate Planning|Preparing a Will & Estate Planning]]

{{·}}[[Challenging a Will]]

{{·}}[[Your Duties As Executor|Duties of an Executor]]

{{·}}[[When Someone Dies Without a Will]]

{{·}}[[When Your Common-Law Spouse Dies]]

{{·}}[[Powers of Attorney and Representation Agreements|Powers of Attorney & Rep Agreements]]

{{·}}[[Committeeship]]

|heading15 = Courts & Crime

| list15name = courts
| list15title = Courts & Resolving Disputes
| list15 =
{{·}}[[Resolving Disputes Without Going to Court]]

{{·}}[[Our Court System in a Nutshell]]

{{·}}[[Starting a Lawsuit]]

{{·}}[[Suing Someone in Small Claims Court]]

{{·}}[[Being Sued in Small Claims Court]]

{{·}}[[Going to Trial in Small Claims Court]]

{{·}}[[Appearing in Court by Phone]]

{{·}}[[Getting Your Judgment Paid]]

{{·}}[[Class Actions in British Columbia|Class Actions]]

| list16name = crime
| list16title = Crime
| list16 =
{{·}}[[If You Receive an Appearance Notice or Summons|Appearance Notices & Summonses]]

{{·}}[[Defending Yourself Against a Criminal Charge|Defending Against a Criminal Charge]]

{{·}}[[Pleading Guilty to a Criminal Charge|Pleading Guilty]]

{{·}}[[Outstanding Warrants and Welfare|Outstanding Warrants & Welfare]]

{{·}}[[Possession of Marijuana]]

{{·}}[[Shoplifting]]

{{·}}[[Impaired Driving]]

{{·}}[[Driving While Prohibited]]

{{·}}[[Driving Without Insurance]]

{{·}}[[Traffic Tickets]]

{{·}}[[Conditional Sentences, Probation, and Discharges|Sentences & Discharges]]

{{·}}[[Criminal Records & Record Suspensions]]

{{·}}[[Being a Witness]]

{{·}}[[Complaints Against the RCMP ]]

{{·}}[[Complaints Against the Municipal Police|Against Municipal Police]]

{{·}}[[Firearms and the Firearms Act|Firearms & the ''Firearms Act'']]

{{·}}[[Charging Someone with a Criminal Offence]]

{{·}}[[Peace Bonds and Assault Charges|Peace Bonds & Assault Charges]]

{{·}}[[Stalking, Criminal Harassment, and Cyberbullying|Stalking, Harassment & Cyberbullying]]

{{·}}[[Young People and Criminal Law|Young People & Criminal Law]]

{{·}}[[Youth Justice Court Trials|Youth Court Trials]]

| list17name = help
| list17title = Legal Help & Lawyers
| list17 =
{{·}}[[Free and Low-Cost Legal Help|Free & Low-Cost Legal Help]]

{{·}}[[Choosing a Lawyer]]

{{·}}[[Lawyers' Fees: Preventing and Solving Problems|Lawyers' Fees]]

{{·}}[[If You Have a Problem with a Lawyer]]

{{·}}[[The Law Society, Bar Associations, and Law Foundation|Law Society & Bar Associations]]

|heading18 = From
|content18 = Visit more from [[People's Law School]] [[image:Peopleslawschoollogo-horizontal.jpg|120px|center|People's Law School|link=People's Law School]]

}}
</div>

Template:Dial-A-Law Navbox

2024-03-05T06:16:15Z

Elena Renderos:

{{Navbox with collapsible groups
|name = Dial-A-Law Navbox
|state = {{#switch:{{{type}}}|collapsed=uncollapsed|consumer=uncollapsed|work=uncollapsed|families=uncollapsed|life=uncollapsed|courts=uncollapsed}}
|selected = {{{1|}}}
|title= [[Dial-A-Law|Dial-A-Law]]

|group1= Consumer & Money
|abbr1 = consumer
|state1 = {{#switch:{{{type}}} |collapsed=uncollapsed|consumer=uncollapsed|work=collapsed|families=collapsed|life=collapsed|courts=collapsed}}
|list1={{Navbox subgroup
| group1 = Cars & Getting Around
| list1 = [[Problem with a Used Car]]{{·}} [[Leasing a Car]]{{·}} [[Car Repairs]]{{·}} [[Insurance Benefits and Compensation for Accident Victims|Insurance & Compensation for Accident Victims]]{{·}} [[If You're Injured in a Motor Vehicle Accident|If You're Injured in a Motor Vehicle Accident]]{{·}} [[Making a Vehicle Damage Claim]]{{·}} [[The Points System and ICBC]]
| group2 = Consumer
| list2 = [[Problem with a Purchase|Problem with a Purchase]]{{·}} [[The Basics of Making a Purchase|The Basics of Making a Purchase]]{{·}} [[Online Shopping |Online Shopping]]{{·}} [[If You're Not Happy with a Service|If You're Not Happy with a Service]]{{·}} [[Fitness Centres, Yoga Studios, and Other “Continuing Service Contracts”|Continuing Service Contracts]]
| group3 = Money & Debt
| list3 = [[Getting a Credit Card]]{{·}} [[Disputing a Credit Card Bill]]{{·}} [[Taking Charge of Your Credit Report|Credit Reports]]{{·}} [[Co-Signing or Guaranteeing a Loan]]{{·}} [[Collecting on a Debt]]{{·}} [[When a Creditor Wants to Take Money From Your Wages or Bank Account|Garnishment]]{{·}}[[You Have Options for Getting Out of Debt|Options for Getting Out of Debt]]{{·}} [[Dealing with Debt Collectors]]{{·}} [[Understanding Warehouse Liens|Warehouse Liens]]{{·}} [[Financial Help for People with Disabilities]]{{·}} [[Income Assistance: Reconsiderations and Appeals|Income Assistance]]{{·}} [[Your Bank Account]]
}}

|group2 = Work & Business
|abbr2 = work
|state2 = {{#switch:{{{type}}} |collapsed=uncollapsed|consumer=collapsed|work=uncollapsed|families=collapsed|life=collapsed|courts=collapsed}}
|list2 = {{Navbox subgroup
| group1 = Work
| list1 = [[Protection Against Job Discrimination|Job Discrimination]]{{·}} [[Sexual Harassment]]{{·}} [[Farm Workers' Wages]]{{·}} [[Farm Workers' Rights]]{{·}} [[Workers' Compensation]]{{·}} [[Appealing a Workers' Compensation Decision|Workers' Compensation Appeals]]{{·}} [[If You Are Fired: Wrongful Dismissal|If You Are Fired]]{{·}}[[Getting Laid Off]]{{·}} [[If You Quit Your Job|If You Quit]]{{·}} [[Applying for Employment Insurance|Applying for EI]]
| group2 = Business
| list2 = [[Starting a Small Business]]{{·}} [[Incorporating a Company]]{{·}} [[Forming a Partnership]]{{·}} [[Trademarks, Copyright and Other Intellectual Property|Intellectual Property]]{{·}} [[Music Law]]
}}

|group3 = Families & Children
|state3 = {{#switch:{{{type}}} |collapsed=uncollapsed|consumer=collapsed|work=collapsed|families=uncollapsed|life=collapsed|courts=collapsed}}
|abbr3 = families
|list3 = {{Navbox subgroup
| group1 = Family Relationships
| list1 = [[Introduction to Family Law|Introduction to Family Law]]{{·}} [[Getting Married in British Columbia|Getting Married]]{{·}} [[Marriage Agreements and Cohabitation Agreements|Marriage & Cohabitation Agreements]]{{·}} [[Couples Who Are Not Spouses: Your Income, Support and Property Rights|Couples Who Are Not Spouses]]{{·}} [[Introduction to Family Violence|Family Violence]]{{·}} [[Changing Your Name|Changing Your Name]]
| group2 = Divorce & Separation
| list2 = [[Separation and Separation Agreements|Separation & Separation Agreements]]{{·}} [[Deciding Who Will Move Out When You Separate|Deciding Who Will Move Out]]{{·}} [[Requirements for Divorce and Annulment|Requirements for Divorce & Annulment]]{{·}} [[Desk Order Divorce: The Do-It-Yourself Divorce Process|Desk Order Divorce]]{{·}} [[Responding to Divorce Proceedings|Responding to Divorce Proceedings]]{{·}} [[Guardianship, Parenting Arrangements, and Contact|Guardianship, Parenting Arrangements & Contact]]{{·}} [[Introduction to Child Support|Child Support]]{{·}} [[Introduction to Spousal Support|Spousal Support]]{{·}} [[Enforcing Support Orders and Agreements|Enforcing Support Orders & Agreements]]{{·}} [[Tax Implications of Support Payments|Tax Implications of Support Payments]]{{·}} [[Dividing Property and Debts|Dividing Property & Debts]]
| group3 = Children
| list3 = [[Children's Rights|Children's Rights]]{{·}} [[Children Born Outside Marriage|Children Born Outside Marriage]]{{·}} [[Adoption of a Child|Adoption]]{{·}} [[Adoption Registries|Adoption Registries]]{{·}} [[Reporting Suspected Child Abuse|Reporting Suspected Child Abuse]]{{·}} [[Child Protection and Removal|Child Protection & Removal]]
| group4 = Resolving Family Disputes
| list4 = [[Mediation, Collaborative Negotiation, and Arbitration|Mediation, Collaborative Negotiation & Arbitration]]{{·}} [[Provincial (Family) Court|Family Court]]{{·}} [[Applying for an Interim Order in a Family Law Case in Supreme Court|Applying for an Interim Family Order]]
}}

|group4 = Life
|state4 = {{#switch:{{{type}}} |collapsed=uncollapsed|consumer=collapsed|work=collapsed|families=collapsed|life=uncollapsed|courts=collapsed}}
|abbr4 = life
|list4 = {{Navbox subgroup
| group1 = Health
| list1 = [[Adults and Consent to Health Care]]{{·}} [[Children and Consent to Health Care]]{{·}} [[Getting Your Medical Records]]{{·}} [[Hospitalizing a Mentally Ill Person]]{{·}} [[If You Have a Problem with a Doctor]]{{·}} [[Medical Malpractice]]
| group2 = Home & Neighbours
| list2 = [[Buying a Home]]{{·}} [[Buying a Condominium|Buying a Condo]]{{·}} [[Mortgages and Financing a Home Purchase|Mortgages & Financing a Home]]{{·}} [[Selling Your Home]]{{·}} [[Builders Liens]]{{·}} [[Owning a Condominium|Owning a Condo]]{{·}} [[Co-operative Housing: Members' Rights and Duties|Co-op Housing]]{{·}} [[Residential Tenancy]]{{·}} [[Neighbour Law]]{{·}} [[Home Repair Contractors]]{{·}} [[Foreclosure]]
| group3 = Rights & Citizenship
| list3 = [[Defamation: Libel and Slander|Defamation]]{{·}}[[Freedom of Information and Protection of Privacy|Information & Privacy]]{{·}} [[Human Rights and Discrimination Protection|Human Rights & Discrimination]]{{·}}[[Charter Rights: Overview]]{{·}} [[Charter Rights: Legal Rights]]{{·}} [[Charter Rights: Equality Rights]]{{·}} [[Aboriginal Law]]{{·}} [[Immigrating to British Columbia|Immigrating to BC]]{{·}} [[Seniors' Rights and Elder Abuse|Seniors' Rights & Elder Abuse]]
| group4 = Wills, Planning & Estates
| list4 = [[Preparing a Will and Estate Planning|Preparing a Will & Estate Planning]]{{·}} [[Challenging a Will]]{{·}} [[Your Duties As Executor|Duties of an Executor]]{{·}} [[When Someone Dies Without a Will]]{{·}} [[When Your Common-Law Spouse Dies]]{{·}} [[Powers of Attorney and Representation Agreements|Powers of Attorney & Representation Agreements]]{{·}} [[Committeeship]]
}}

|group5 = Courts & Crime
|state5 = {{#switch:{{{type}}} |collapsed=uncollapsed|consumer=collapsed|work=collapsed|families=collapsed|life=collapsed|courts=uncollapsed}}
|abbr5 = courts
|list5 = {{Navbox subgroup
| group1 = Courts & Resolving Disputes
| list1 = [[Resolving Disputes Without Going to Court]]{{·}} [[Our Court System in a Nutshell]]{{·}} [[Starting a Lawsuit]]{{·}} [[Suing Someone in Small Claims Court]]{{·}} [[Being Sued in Small Claims Court]]{{·}} [[Going to Trial in Small Claims Court]]{{·}} [[Appearing in Court by Phone]]{{·}} [[Getting Your Judgment Paid]]{{·}} [[Class Actions in British Columbia|Class Actions]]
| group2 = Crime
| list2 = [[If You Receive an Appearance Notice or Summons|Appearance Notices & Summonses]]{{·}} [[Defending Yourself Against a Criminal Charge]]{{·}} [[Pleading Guilty to a Criminal Charge|Pleading Guilty]]{{·}} [[Outstanding Warrants and Welfare|Outstanding Warrants & Welfare]]{{·}}[[Possession of Marijuana]]{{·}} [[Shoplifting]]{{·}} [[Impaired Driving]]{{·}} [[Driving While Prohibited]]{{·}} [[Driving Without Insurance]]{{·}} [[Traffic Tickets]]{{·}} [[Conditional Sentences, Probation, and Discharges|Sentences & Discharges]]{{·}} [[Criminal Records & Record Suspensions]]{{·}} [[Being a Witness]]{{·}} [[Complaints Against the RCMP]]{{·}} [[Complaints Against the Municipal Police|Against Municipal Police]]{{·}} [[Firearms and the Firearms Act|Firearms & the ''Firearms Act'']]{{·}} [[Charging Someone with a Criminal Offence]]{{·}} [[Peace Bonds and Assault Charges|Peace Bonds & Assault Charges]]{{·}}[[Stalking, Criminal Harassment, and Cyberbullying|Stalking, Criminal Harassment, & Cyberbullying]]{{·}} [[Young People and Criminal Law|Young People & Criminal Law]]{{·}} [[Youth Justice Court Trials|Youth Court Trials]]
| group3 = Legal Help & Lawyers
| list3 = [[Free and Low-Cost Legal Help|Free & Low-Cost Legal Help]]{{·}} [[Choosing a Lawyer]]{{·}} [[Lawyers' Fees: Preventing and Solving Problems|Lawyers' Fees]]{{·}} [[If You Have a Problem with a Lawyer]]{{·}} [[The Law Society, Bar Associations, and Law Foundation|The Law Society, Bar Associations, & Law Foundation]]
}}

}}
__NOGLOSSARY__

<includeonly>[[Category:Dial-A-Law]]</includeonly>

Dial-A-Law

2024-03-05T06:15:37Z

Elena Renderos: /* Consumer & Money */

{{Cover Thumbnail
|filename = Dial-A-Law full cover image.jpg
|title = Dial-A-Law
}} {{Export_Badge
|SavedBookName = Dial-A-Law
}}
'''Dial-A-Law''' features free information on the law in British Columbia in over 130 topic areas. A service of [[People's Law School]], Dial-A-Law is available on Clicklaw Wikibooks, a dedicated website at [http://dialalaw.peopleslawschool.ca dialalaw.ca], and on the telephone at 1-800-565-5297.

==Contents==
<div class="ul-chapters-books">
*'''[[Introduction to Dial-A-Law|Introduction]]'''

===Consumer & Money===

* '''Cars & Getting Around'''
** [[Problem with a Used Car]]{{·}} [[Leasing a Car]]{{·}} [[Car Repairs]]{{·}} [[Insurance Benefits and Compensation for Accident Victims|Insurance & Compensation for Accident Victims]]{{·}} [[If You're Injured in a Motor Vehicle Accident|If You're Injured in a Motor Vehicle Accident]]{{·}} [[Making a Vehicle Damage Claim]]{{·}} [[The Points System and ICBC]]

* '''Consumer'''
** [[Problem with a Purchase]]{{·}} [[The Basics of Making a Purchase]]{{·}} [[Online Shopping]]{{·}} [[If You're Not Happy with a Service]]{{·}} [[Fitness Centres, Yoga Studios, and Other “Continuing Service Contracts”|Continuing Service Contracts]]

* '''Money & Debt'''
** [[Getting a Credit Card]]{{·}} [[Disputing a Credit Card Bill]]{{·}} [[Taking Charge of Your Credit Report|Credit Reports]]{{·}} [[Co-Signing or Guaranteeing a Loan]]{{·}} [[Collecting on a Debt]]{{·}} [[When a Creditor Wants to Take Money From Your Wages or Bank Account|Garnishment]]{{·}}[[You Have Options for Getting Out of Debt|Options for Getting Out of Debt]]{{·}} [[Dealing with Debt Collectors]]{{·}} [[Understanding Warehouse Liens|Warehouse Liens]]{{·}} [[Financial Help for People with Disabilities]]{{·}} [[Income Assistance: Reconsiderations and Appeals|Income Assistance]]{{·}} [[Your Bank Account]]

===Work & Business===
* '''Work'''
** [[Protection Against Job Discrimination|Job Discrimination]]{{·}} [[Sexual Harassment]]{{·}} [[Farm Workers' Wages]]{{·}} [[Farm Workers' Rights]]{{·}} [[Workers' Compensation]]{{·}} [[Appealing a Workers' Compensation Decision|Workers' Compensation Appeals]]{{·}} [[If You Are Fired: Wrongful Dismissal|If You Are Fired]]{{·}}[[Getting Laid Off]]{{·}} [[If You Quit Your Job|If You Quit]]{{·}} [[Applying for Employment Insurance|Applying for EI]]

* '''Business'''
** [[Starting a Small Business]]{{·}} [[Incorporating a Company]]{{·}} [[Forming a Partnership]]{{·}} [[Trademarks, Copyright and Other Intellectual Property|Intellectual Property]]{{·}} [[Music Law]]

===Families & Children===
* '''Family Relationships'''
**[[Introduction to Family Law|Introduction to Family Law]]{{·}} [[Getting Married in British Columbia|Getting Married]]{{·}} [[Marriage Agreements and Cohabitation Agreements|Marriage & Cohabitation Agreements]]{{·}} [[Couples Who Are Not Spouses: Your Income, Support and Property Rights|Couples Who Are Not Spouses]]{{·}} [[Introduction to Family Violence|Family Violence]]{{·}} [[Changing Your Name|Changing Your Name]]

* '''Divorce & Separation'''
**[[Separation and Separation Agreements|Separation & Separation Agreements]]{{·}} [[Deciding Who Will Move Out When You Separate|Deciding Who Will Move Out]]{{·}} [[Requirements for Divorce and Annulment|Requirements for Divorce & Annulment]]{{·}} [[Desk Order Divorce: The Do-It-Yourself Divorce Process|Desk Order Divorce]]{{·}} [[Responding to Divorce Proceedings|Responding to Divorce Proceedings]]{{·}} [[Guardianship, Parenting Arrangements, and Contact|Guardianship, Parenting Arrangements & Contact]]{{·}} [[Introduction to Child Support|Child Support]]{{·}} [[Introduction to Spousal Support|Spousal Support]]{{·}} [[Enforcing Support Orders and Agreements|Enforcing Support Orders & Agreements]]{{·}} [[Tax Implications of Support Payments|Tax Implications of Support Payments]]{{·}} [[Dividing Property and Debts|Dividing Property & Debts]]

* '''Children'''
** [[Children's Rights|Children's Rights]]{{·}} [[Children Born Outside Marriage|Children Born Outside Marriage]]{{·}} [[Adoption of a Child|Adoption]]{{·}} [[Adoption Registries|Adoption Registries]]{{·}} [[Reporting Suspected Child Abuse|Reporting Suspected Child Abuse]]{{·}} [[Child Protection and Removal|Child Protection & Removal]]

* '''Resolving Family Disputes'''
** [[Mediation, Collaborative Negotiation, and Arbitration|Mediation, Collaborative Negotiation, & Arbitration]]{{·}} [[Provincial (Family) Court|Family Court]]{{·}} [[Applying for an Interim Order in a Family Law Case in Supreme Court|Applying for an Interim Family Order]]

===Life===
* '''Health'''
** [[Adults and Consent to Health Care]]{{·}} [[Children and Consent to Health Care]]{{·}} [[Getting Your Medical Records]]{{·}} [[Hospitalizing a Mentally Ill Person]]{{·}} [[If You Have a Problem with a Doctor]]{{·}} [[Medical Malpractice]]

* '''Home & Neighbours'''
** [[Buying a Home]]{{·}} [[Buying a Condominium|Buying a Condo]]{{·}} [[Mortgages and Financing a Home Purchase|Mortgages & Financing a Home]]{{·}} [[Selling Your Home]]{{·}} [[Builders Liens]]{{·}} [[Owning a Condominium|Owning a Condo]]{{·}} [[Co-operative Housing: Members' Rights and Duties|Co-op Housing]]{{·}} [[Residential Tenancy]]{{·}} [[Neighbour Law]]{{·}} [[Home Repair Contractors]]{{·}} [[Foreclosure]]

* '''Rights & Citizenship'''
** [[Defamation: Libel and Slander|Defamation]]{{·}}[[Freedom of Information and Protection of Privacy|Information & Privacy]]{{·}} [[Human Rights and Discrimination Protection|Human Rights & Discrimination]]{{·}}[[Charter Rights: Overview]]{{·}} [[Charter Rights: Legal Rights]]{{·}} [[Charter Rights: Equality Rights]]{{·}} [[Aboriginal Law]]{{·}} [[Immigrating to British Columbia|Immigrating to BC]]{{·}} [[Seniors' Rights and Elder Abuse|Seniors' Rights & Elder Abuse]]

* '''Wills, Planning & Estates'''
** [[Preparing a Will and Estate Planning|Preparing a Will & Estate Planning]]{{·}} [[Challenging a Will]]{{·}} [[Your Duties As Executor|Duties of an Executor]]{{·}} [[When Someone Dies Without a Will]]{{·}} [[When Your Common-Law Spouse Dies]]{{·}} [[Powers of Attorney and Representation Agreements|Powers of Attorney & Representation Agreements]]{{·}} [[Committeeship]]

===Courts & Crime===
* '''Courts & Resolving Disputes'''
** [[Resolving Disputes Without Going to Court]]{{·}} [[Our Court System in a Nutshell]]{{·}} [[Starting a Lawsuit]]{{·}} [[Suing Someone in Small Claims Court]]{{·}} [[Being Sued in Small Claims Court]]{{·}} [[Going to Trial in Small Claims Court]]{{·}} [[Appearing in Court by Phone]]{{·}} [[Getting Your Judgment Paid]]{{·}} [[Class Actions in British Columbia|Class Actions]]

* '''Crime'''
** [[If You Receive an Appearance Notice or Summons|Appearance Notices & Summonses]]{{·}} [[Defending Yourself Against a Criminal Charge]]{{·}} [[Pleading Guilty to a Criminal Charge|Pleading Guilty]]{{·}} [[Outstanding Warrants and Welfare|Outstanding Warrants & Welfare]]{{·}}[[Possession of Marijuana]]{{·}} [[Shoplifting]]{{·}} [[Impaired Driving]]{{·}} [[Driving While Prohibited]]{{·}} [[Driving Without Insurance]]{{·}} [[Traffic Tickets]]{{·}} [[Conditional Sentences, Probation, and Discharges|Sentences & Discharges]]{{·}} [[Criminal Records & Record Suspensions]]{{·}} [[Being a Witness]]{{·}} [[Complaints Against the RCMP]]{{·}} [[Complaints Against the Municipal Police|Against Municipal Police]]{{·}} [[Firearms and the Firearms Act|Firearms & the ''Firearms Act'']]{{·}} [[Charging Someone with a Criminal Offence]]{{·}} [[Peace Bonds and Assault Charges|Peace Bonds & Assault Charges]]{{·}}[[Stalking, Criminal Harassment, and Cyberbullying|Stalking, Criminal Harassment, & Cyberbullying]]{{·}} [[Young People and Criminal Law|Young People & Criminal Law]]{{·}} [[Youth Justice Court Trials|Youth Court Trials]]

* '''Legal Help & Lawyers'''
** [[Free and Low-Cost Legal Help|Free & Low-Cost Legal Help]]{{·}} [[Choosing a Lawyer]]{{·}} [[Lawyers' Fees: Preventing and Solving Problems|Lawyers' Fees]]{{·}} [[If You Have a Problem with a Lawyer]]{{·}} [[The Law Society, Bar Associations, and Law Foundation|The Law Society, Bar Associations, & Law Foundation]]

== About ==

=== Copyright ===
[[File:Creativecommonssmall.png|link=Clicklaw Wikibooks Copyright Guide|alt=Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence]] '''Dial-A-Law''' © People’s Law School is, except for the images, made available under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.

=== Disclaimer ===
At People's Law School, we believe accurate, plain English information can help people take action to work out their legal problems. This information explains in a general way the law that applies in British Columbia. '''It is not intended as legal advice.''' For help with a specific legal problem, contact a legal professional. Some sources of legal help are highlighted in the page on [[Free and Low-Cost Legal Help (No. 430)|free and low-cost legal help]].

</div>

=== About People's Law School===
[[File:Peopleslawschoollogo-horizontal.jpg|frameless|none|200px|link=]]

[[People's Law School]] is a non-profit society in British Columbia providing free education and information on the legal problems of daily life. See [[People's Law School|more titles from People's Law School]].

{{Dial-A-Law_Navbox|type=consumer}}
__NOTOC__
__NOGLOSSARY__
[[Category:Navigation Page]]

Template:Dial-A-Law TOC

2024-03-05T06:14:45Z

Elena Renderos:

<div class="noglossary nomobile">
{{Sidebar with collapsible lists
|name = Dial-A-Law TOC
|outertitle =
|topimage =
|pretitle =
|title = [[Dial-A-Law]]
|image = [[image:Dial-A-Law full cover image.jpg|70px|left|link=Dial-A-Law‎|alt=Dial-A-Law‎]]This page is from '''Dial-A-Law‎''', a starting point for information on the law in British Columbia. See the [[Dial-A-Law‎|full contents]].
|expanded = {{{expanded|}}}

| expanded = {{{expanded|{{{1|}}}}}} 

|headingstyle = border-top:1px solid #CCCCCC; padding-top:1px;
| liststyle = text-align: left;
| contentstyle = text-align: center;width:20em;

|heading1 = About
|content1 = [[Introduction to Dial-A-Law | Introduction]]

|heading2 = Consumer & Money
| list2name = cars
| list2title = Cars & Getting Around
| list2 =

{{·}}[[Problem with a Used Car]]

{{·}}[[Leasing a Car]]

{{·}}[[Car Repairs]]

{{·}}[[Insurance Benefits and Compensation for Accident Victims|Insurance & Accident Victims]]

{{·}}[[If You're Injured in a Motor Vehicle Accident]]

{{·}}[[Making a Vehicle Damage Claim]]

{{·}}[[The Points System and ICBC|The Points System & ICBC]]

| list3name = consumer
| list3title = Consumer
| list3 =

{{·}}[[Problem with a Purchase|Problem with a Purchase]]

{{·}}[[The Basics of Making a Purchase|The Basics of Making a Purchase]]

{{·}}[[Online Shopping |Online Shopping ]]

{{·}}[[If You're Not Happy with a Service|If You're Not Happy with a Service]]

{{·}}[[Fitness Centres, Yoga Studios, and Other “Continuing Service Contracts”|Continuing Service Contracts]]

| list4name = money
| list4title = Money & Debt
| list4 =

{{·}}[[Getting a Credit Card]]

{{·}}[[Disputing a Credit Card Bill]]

{{·}}[[Taking Charge of Your Credit Report|Credit Reports]]

{{·}}[[Co-Signing or Guaranteeing a Loan]]

{{·}}[[Collecting on a Debt]]

{{·}}[[When a Creditor Wants to Take Money From Your Wages or Bank Account|Garnishment]]

{{·}}[[You Have Options for Getting Out of Debt|Options for Getting Out of Debt]]

{{·}}[[Dealing with Debt Collectors]]

{{·}}[[Understanding Warehouse Liens|Warehouse Liens]]

{{·}}[[Financial Help for People with Disabilities]]

{{·}}[[Income Assistance: Reconsiderations and Appeals|Income Assistance]]

{{·}}[[Your Bank Account]]

|heading5 = Work & Business

| list5name = work
| list5title = Work
| list5 =
{{·}}[[Protection Against Job Discrimination|Job Discrimination]]

{{·}}[[Sexual Harassment]]

{{·}}[[Farm Workers' Wages]]

{{·}}[[Farm Workers' Rights]]

{{·}}[[Workers' Compensation]]

{{·}}[[Appealing a Workers' Compensation Decision|Workers' Compensation Appeals]]

{{·}}[[If You Are Fired: Wrongful Dismissal|If You Are Fired]]

{{·}}[[Getting Laid Off]]

{{·}}[[If You Quit Your Job|If You Quit]]

{{·}}[[Applying for Employment Insurance|Applying for EI]]

| list6name = business
| list6title = Business
| list6 =
{{·}}[[Starting a Small Business]]

{{·}}[[Incorporating a Company]]

{{·}}[[Forming a Partnership]]

{{·}}[[Trademarks, Copyright and Other Intellectual Property|Intellectual Property]]

{{·}}[[Music Law]]

|heading7 = Families & Children

| list7name = relationships
| list7title = Family Relationships
| list7 =
{{·}}[[Introduction to Family Law|Introduction to Family Law]]

{{·}}[[Getting Married in British Columbia|Getting Married]]

{{·}}[[Marriage Agreements and Cohabitation Agreements|Marriage & Cohabitation Agreements]]

{{·}}[[Couples Who Are Not Spouses: Your Income, Support and Property Rights|Couples Who Are Not Spouses]]

{{·}}[[Introduction to Family Violence|Family Violence]]

{{·}}[[Changing Your Name|Changing Your Name]]

| list8name = divorce
| list8title = Divorce & Separation
| list8 =
{{·}}[[Separation and Separation Agreements|Separation & Separation Agreements]]

{{·}}[[Deciding Who Will Move Out When You Separate|Deciding Who Will Move Out]]

{{·}}[[Requirements for Divorce and Annulment|Requirements for Divorce & Annulment]]

{{·}}[[Desk Order Divorce: The Do-It-Yourself Divorce Process|Desk Order Divorce]]

{{·}}[[Responding to Divorce Proceedings|Responding to Divorce Proceedings]]

{{·}}[[Guardianship, Parenting Arrangements, and Contact|Guardianship & Parenting Arrangements]]

{{·}}[[Introduction to Child Support|Child Support]]

{{·}}[[Introduction to Spousal Support|Spousal Support]]

{{·}}[[Enforcing Support Orders and Agreements|Enforcing Support Orders & Agreements]]

{{·}}[[Tax Implications of Support Payments|Tax Implications of Support Payments]]

{{·}}[[Dividing Property and Debts|Dividing Property & Debts]]

| list9name = children
| list9title = Children
| list9 =
{{·}}[[Children's Rights|Children's Rights]]

{{·}}[[Children Born Outside Marriage|Children Born Outside Marriage]]

{{·}}[[Adoption of a Child|Adoption]]

{{·}}[[Adoption Registries|Adoption Registries]]

{{·}}[[Reporting Suspected Child Abuse|Reporting Suspected Child Abuse]]

{{·}}[[Child Protection and Removal|Child Protection & Removal]]

| list10name = disputes
| list10title = Resolving Family Disputes
| list10 =
{{·}}[[Mediation, Collaborative Negotiation, and Arbitration|Mediation, Collaborative & Arbitration]]

{{·}}[[Provincial (Family) Court|Family Court]]

{{·}}[[Applying for an Interim Order in a Family Law Case in Supreme Court|Applying for an Interim Family Order]]

|heading11 = Life

| list11name = health
| list11title = Health
| list11 =
{{·}}[[Adults and Consent to Health Care]]

{{·}}[[Children and Consent to Health Care]]

{{·}}[[Getting Your Medical Records]]

{{·}}[[Hospitalizing a Mentally Ill Person]]

{{·}}[[If You Have a Problem with a Doctor]]

{{·}}[[Medical Malpractice]]

| list12name = home
| list12title = Home & Neighbours
| list12 =
{{·}}[[Buying a Home]]

{{·}}[[Buying a Condominium|Buying a Condo]]

{{·}}[[Mortgages and Financing a Home Purchase|Mortgages & Financing a Home]]

{{·}}[[Selling Your Home]]

{{·}}[[Builders Liens]]

{{·}}[[Owning a Condominium|Owning a Condo]]

{{·}}[[Co-operative Housing: Members' Rights and Duties|Co-op Housing]]

{{·}}[[Residential Tenancy]]

{{·}}[[Neighbour Law]]

{{·}}[[Home Repair Contractors]]

{{·}}[[Foreclosure]]

| list13name = rights
| list13title = Rights & Citizenship
| list13 =
{{·}}[[Defamation: Libel and Slander|Defamation]]

{{·}}[[Freedom of Information and Protection of Privacy|Information & Privacy]]

{{·}}[[Human Rights and Discrimination Protection|Human Rights & Discrimination]]

{{·}}[[Charter Rights: Overview]]

{{·}}[[Charter Rights: Legal Rights]]

{{·}}[[Charter Rights: Equality Rights]]

{{·}}[[Aboriginal Law]]

{{·}}[[Immigrating to British Columbia|Immigrating to BC]]

{{·}}[[Seniors' Rights and Elder Abuse|Seniors' Rights & Elder Abuse]]

| list14name = wills
| list14title = Wills, Planning & Estates
| list14 =
{{·}}[[Preparing a Will and Estate Planning|Preparing a Will & Estate Planning]]

{{·}}[[Challenging a Will]]

{{·}}[[Your Duties As Executor|Duties of an Executor]]

{{·}}[[When Someone Dies Without a Will]]

{{·}}[[When Your Common-Law Spouse Dies]]

{{·}}[[Powers of Attorney and Representation Agreements|Powers of Attorney & Rep Agreements]]

{{·}}[[Committeeship]]

|heading15 = Courts & Crime

| list15name = courts
| list15title = Courts & Resolving Disputes
| list15 =
{{·}}[[Resolving Disputes Without Going to Court]]

{{·}}[[Our Court System in a Nutshell]]

{{·}}[[Starting a Lawsuit]]

{{·}}[[Suing Someone in Small Claims Court]]

{{·}}[[Being Sued in Small Claims Court]]

{{·}}[[Going to Trial in Small Claims Court]]

{{·}}[[Appearing in Court by Phone]]

{{·}}[[Getting Your Judgment Paid]]

{{·}}[[Class Actions in British Columbia|Class Actions]]

| list16name = crime
| list16title = Crime
| list16 =
{{·}}[[If You Receive an Appearance Notice or Summons|Appearance Notices & Summonses]]

{{·}}[[Defending Yourself Against a Criminal Charge|Defending Against a Criminal Charge]]

{{·}}[[Pleading Guilty to a Criminal Charge|Pleading Guilty]]

{{·}}[[Outstanding Warrants and Welfare|Outstanding Warrants & Welfare]]

{{·}}[[Possession of Marijuana]]

{{·}}[[Shoplifting]]

{{·}}[[Impaired Driving]]

{{·}}[[Driving While Prohibited]]

{{·}}[[Driving Without Insurance]]

{{·}}[[Traffic Tickets]]

{{·}}[[Conditional Sentences, Probation, and Discharges|Sentences & Discharges]]

{{·}}[[Criminal Records & Record Suspensions]]

{{·}}[[Being a Witness]]

{{·}}[[Complaints Against the RCMP ]]

{{·}}[[Complaints Against the Municipal Police|Against Municipal Police]]

{{·}}[[Firearms and the Firearms Act|Firearms & the ''Firearms Act'']]

{{·}}[[Charging Someone with a Criminal Offence]]

{{·}}[[Peace Bonds and Assault Charges|Peace Bonds & Assault Charges]]

{{·}}[[Stalking, Criminal Harassment, and Cyberbullying|Stalking, Harassment & Cyberbullying]]

{{·}}[[Young People and Criminal Law|Young People & Criminal Law]]

{{·}}[[Youth Justice Court Trials|Youth Court Trials]]

| list17name = help
| list17title = Legal Help & Lawyers
| list17 =
{{·}}[[Free and Low-Cost Legal Help|Free & Low-Cost Legal Help]]

{{·}}[[Choosing a Lawyer]]

{{·}}[[Lawyers' Fees: Preventing and Solving Problems|Lawyers' Fees]]

{{·}}[[If You Have a Problem with a Lawyer]]

{{·}}[[The Law Society, Bar Associations, and Law Foundation|Law Society & Bar Associations]]

|heading18 = From
|content18 = Visit more from [[People's Law School]] [[image:Peopleslawschoollogo-horizontal.jpg|120px|center|People's Law School|link=People's Law School]]

}}
</div>

Making a Personal Injury Claim

2024-03-05T06:14:09Z

Elena Renderos: Elena Renderos moved page Making a Personal Injury Claim to If You're Injured in a Motor Vehicle Accident: change title

#REDIRECT [[If You're Injured in a Motor Vehicle Accident]]

If You're Injured in a Motor Vehicle Accident

2024-03-05T06:14:09Z

Elena Renderos: Elena Renderos moved page Making a Personal Injury Claim to If You're Injured in a Motor Vehicle Accident: change title

{{REVIEWEDPLS | reviewer = [https://www.icbc.com/ Krista Prockiw], ICBC |date= February 2024}} {{Dial-A-Law TOC|expanded = cars}}
Getting hurt in a motor vehicle accident is an awful experience. Learn your legal rights in the event you’re injured, and the steps involved in making a claim for benefits.

==Common questions==

===Can I access ICBC benefits if I’m the one who caused the accident?===
Yes. ICBC’s '''enhanced accident benefits''' are available to you even if you’re found to be responsible (“at fault”) for an accident. For that reason, they’re often referred to as “no fault” benefits.

These benefits are included in your basic Autoplan insurance coverage, which is mandatory for all vehicle owners in BC. For more, see our in-depth information on [https://www.peopleslawschool.ca/insurance-benefits-for-accident-victims/ insurance benefits for accident victims].

===Can I sue the other driver if they were 100% responsible for the accident?===
In most cases, no. BC law prevents someone who is injured in a motor vehicle accident from suing the other driver for compensation for their injuries (called “damages”). This applies regardless of who was responsible for the crash. Anyone who is injured in the accident can make a claim to ICBC for accident benefits.

However, there are some exceptions when it comes to suing. For example, you may be able to sue the other driver if they were convicted of a criminal offence. For details, see our in-depth guidance on [https://www.peopleslawschool.ca/injured-in-motor-vehicle-accident/ if you're injured in a motor vehicle accident].

===ICBC denied my claim for benefits. Can I appeal?===
Yes. If you don’t agree with ICBC’s decision to deny you benefits, you can dispute it. For more on your options and the steps involved, [https://www.icbc.com/claims/disputes-appeals/Pages/Denied-benefit-disputes.aspx see ICBC’s website].

===How long do ICBC’s medical benefits last?===
ICBC’s accident benefits are pre-authorized to cover you for medical treatments '''for 12 weeks''' after your accident. You may be able to access benefits beyond 12 weeks if you need further treatment. Generally, you would need to show that further treatment is required for your full recovery, or to prevent a decline in your recovery.

===What if the other driver doesn’t report the accident to ICBC?===
Under the law, any BC motorist involved in an accident has to report it to ICBC within a reasonable amount of time.

If the other driver doesn’t report the accident, your claims representative will try to contact them. If two weeks go by and they still haven’t reported it, ICBC will send a letter asking the driver to report it within 10 days. If they still don’t report it, ICBC will make an assessment on your claim using the information available.

===As a pedestrian, I was hurt when a car hit me. Can I qualify for accident benefits?===
Yes. In BC, a pedestrian struck by a vehicle registered in the province is entitled to accident benefits from ICBC, whether they’re a BC resident or not. Visit [https://www.icbc.com/claims/injury/if-you-were-in-a-crash-as-a-cyclist-or-pedestrian ICBC’s website] for details.

===I was injured in a car accident at work. Should I apply for workers’ compensation?===
If you were working at the time of the crash, you should report the incident to WorkSafeBC. This is the agency that oversees the province’s workers’ compensation scheme. Once you’ve reported the incident, WorkSafeBC will assess your claim and decide if you’re eligible for workers’ compensation. See our guidance on [https://dialalaw.peopleslawschool.ca/workers-compensation/ making a claim for workers’ compensation].

If you’re entitled to workers’ compensation, you usually won’t be able to claim accident benefits through ICBC. In some cases, you may be able to choose between the two.

==Explore further==
{{PLSTipsbox
| text = '''Deeper coverage of accident benefit claims''' 
For more, see our in-depth information on [https://www.peopleslawschool.ca/injured-in-motor-vehicle-accident/ if you're injured in a motor vehicle accident].
}}

{{Dial-A-Law_Navbox|type=consumer}}
{{Dial-A-Law Copyright}}

2024-03-03T06:26:55Z

Elena Renderos: /* Most driving violations lead to driver penalty points */

{{REVIEWEDPLS | reviewer = Krista Prockiw, ICBC |date= February 2024}} {{Dial-A-Law TOC|expanded = cars}}
People using BC’s roads want to be confident they’re safe. ICBC’s '''penalty points''' system is designed to help with that, by discouraging high-risk driving. But the points system can be confusing. Learn how penalty points work, and how they affect your insurance premiums.

==What you should know==
===Most driving violations lead to driver penalty points===
{{PLSStorybox
| image = [[File:The_points_system_and_ICBC_-_Carl.png|link=]]
| text = “''On my commute home from work I sometimes get a little lead-footed. I’ve been ticketed for speeding twice in the past two months. Now I’ve got six penalty points on my record, and a hefty penalty premium coming my way (not to mention the steep fines!). I get the message: I’ve got to slow down.''” – Carl, Burnaby, BC}}

In BC, the main law that deals with traffic and driving is called the ''[https://canlii.ca/t/847n Motor Vehicle Act]''. If you get a ticket for violating this law — for example, for speeding or [https://www.peopleslawschool.ca/distracted-driving/ distracted driving] — you typically get driver penalty points on your driver’s record.

These penalty points are in addition to any fine you have to pay for the violation.

====How many points you get====
The number of points you get depends on the driving violation. For example, all speeding violations are three points. Distracted driving earns you four points. Driving while prohibited gets you 10 points.

Here are more examples of driving violations and the penalty points attached to them.

For the full list, [https://www.icbc.com/driver-licensing/tickets/Pages/fines-points-offences.aspx see ICBC’s website].

====Penalty points for criminal offences====
Canada’s ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec320.11 Criminal Code]'' also includes some driving offences. For example, dangerous driving or impaired driving. The penalty points for these offences range from six to 10. Again, these are in addition to any fine you have to pay.

====Parking tickets====
You don’t get any penalty points for parking tickets or other minor violations of city bylaws.

===Driver penalty points can increase your insurance premiums===
Each year, ICBC looks at your driving record for the last twelve-month period (they call this the “assessment period”). They add up the total number of penalty points you received in the assessment period. If you collected four or more points on your record, you’ll have to pay a '''driver penalty point premium'''.

Driver penalty point premiums are separate from your basic insurance premiums. (Everyone in BC who owns a vehicle must have [https://www.icbc.com/insurance/Pages/Default.aspx basic vehicle insurance] from ICBC.) Driver penalty points attach to your driver’s record, so you can be billed for these points even if you don’t own or insure a vehicle.

====How much you may have to pay====
The dollar amount of the penalty point premium depends on the number of points you received in the assessment period. If you have three or fewer, you don’t need to pay any penalty point premium.

ICBC has a [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Penalty-Points.aspx full list of the penalty point premiums].

====How long points stay on your driving record====
The driver penalty points you accumulate '''stay on your driving record for five years'''. But you only pay the premium once. You’ll receive an invoice just prior to your assessment date, which is usually your birthday.

{{PLSTipsbox
| text = '''Optional insurance premiums'''
A poor driving record can impact the premiums you pay for optional auto insurance, too. Drivers with frequent or serious driving convictions over a three-year period pay more for optional ICBC insurance coverage. See [https://www.icbc.com/about-icbc/newsroom/Documents/Optional-driving-convictions-factsheet.pdf this factsheet] for details.
}}

===Calculating penalty point premiums: Two examples===
Now, you may be thinking “Okay, I get it. Penalty points are bad. But how much will I actually end up paying if I get some points?” Let’s walk through a couple examples to illustrate this.

====If you get one speeding ticket====
Let’s say you get a ticket for speeding on the highway. When ICBC does their yearly review of your last 12 months of driving (your assessment period), this is the only offence that shows up. Consulting [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Penalty-Points.aspx ICBC’s chart], speeding on the highway earns you three penalty points. (As well, it comes with a fine.)

As mentioned above, you don’t pay a penalty point premium if you have three or fewer points.

====If you get two speeding tickets====
Let’s look at a slightly different scenario. Say you get a ticket for speeding on June 1. You get a second speeding ticket two months later, on September 1. In November, ICBC does their yearly review of your driver’s record. They look back at your previous 12 months of driving, and see six penalty points (three for each speeding offence).

The penalty point premium for six points is $367. This is in addition to the fines you were assessed for the tickets.

{{PLSTipsbox
| text = '''Order a copy of your driving record'''
Your driving record (also called a “driver’s abstract”) is a record of your driving history. It shows any driving offences or other traffic tickets you’ve received in the past five years. [https://onlinebusiness.icbc.com/clio/ You can order yours from ICBC for free].
}}

===There is a risk premium for more serious driving offences===

In addition to penalty point premiums explained above, some motorists may have to pay '''driver risk premiums'''. These are extra penalties that apply to more serious driving offences. They are also in addition to your regular insurance premiums.

You’ll have to pay a driver risk premium if you have at least one of the following:
*
* one or more driving-related ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec320.11 Criminal Code]'' convictions
* one or more 10-point ''[https://canlii.ca/t/847n Motor Vehicle Act]'' convictions
* one or more excessive speeding convictions
* two or more roadside suspensions or prohibitions
* two or more convictions for using an electronic device while driving

'''How much you may have to pay'''
Each year, ICBC reviews your driving record for offences in the previous three years. The amount of the driver risk premium depends on the number and type of convictions you get. For example, the driver risk premium for one Criminal Code conviction (like impaired driving) is $1,108. For two roadside suspensions, it’s $453.

You’ll receive one driver risk premium invoice per year just prior to your assessment date, which is usually your birthday. Since the assessment period is three years, a single conviction may result in a driver risk premium bill in each of the three years.

If you have a driving conviction to which the penalty point premium and the risk premium both apply (excessive speeding, for example), you’ll only be billed for the higher premium.

{{PLSTipsbox
| text = '''Reducing your driver risk premium'''
There are steps you can take to lower or eliminate your driver risk premium. One is to give up your driver’s licence for your entire billing period. This eliminates your risk premium. If you hand in your licence for at least 30 days during your billing period, your premium may be reduced. [https://www.icbc.com/about-icbc/contact-us/Pages/Default.aspx?step=1 Contact ICBC to discuss your options].
}}

===Too many points may lead to a driving prohibition===
Racking up points can have consequences beyond penalty points and increased insurance premiums. Those who get too many points may be temporarily prohibited from driving.

A common assumption is that, for those with a '''class five licence''' (the basic licence), nine to 11 penalty points leads to a prohibition. And for those with a '''class seven licence''' (for new drivers), it’s four points. This is a good rule of thumb, but it’s not the full picture. [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec93 Under the law], ICBC has a wide discretion to impose a driving prohibition. It’s the circumstances behind why you got the points that ICBC looks at.

====Consider a couple examples====
For example, say you’re a class five driver and you have seven penalty points. Those points came from two offences: excessive speeding and distracted driving. ICBC considers these high-risk offences, so they may issue you a driving prohibition even though you’re below the nine-point threshold. In other words, high-risk offences are more likely to get you in trouble.

ICBC also looks for patterns of conduct. A driver who keeps getting ticketed for the same offence is more likely to get a driving prohibition. The focus here is on a continuing disregard for the rules of the road, rather than the total number of points.

{{PLSTipsbox
| text = '''You can apply for a prohibition review'''
If you receive a driving prohibition, you may be able to apply for a review. This is a legal process you can use to challenge your prohibition. An adjudicator will review any evidence or statements you provide, and decide whether to revoke your prohibition. See the [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/prohibitions/apply-online provincial government’s website for details].
}}

===You can dispute a driving violation===
Penalty points are added to your driver’s record if you plead guilty to a driving offence. (Or if a court convicts you of an offence.) If you pay a traffic ticket, you’re admitting you are guilty.

If you don’t agree with a ticket, you can dispute (fight) it. Most tickets must be disputed '''within 30 days'''. But check the ticket carefully in case there is a shorter time limit.

For step-by-step guidance, see [https://www.peopleslawschool.ca/if-you-get-traffic-ticket/ how to dispute a traffic ticket].

{{Dial-A-Law_Navbox|type=consumer}}
{{Dial-A-Law Copyright}}

The Points System and ICBC

2024-03-03T06:26:29Z

Elena Renderos:

{{REVIEWEDPLS | reviewer = Krista Prockiw, ICBC |date= February 2024}} {{Dial-A-Law TOC|expanded = cars}}
People using BC’s roads want to be confident they’re safe. ICBC’s '''penalty points''' system is designed to help with that, by discouraging high-risk driving. But the points system can be confusing. Learn how penalty points work, and how they affect your insurance premiums.

==What you should know==
===Most driving violations lead to driver penalty points===
{{PLSStorybox
| image = [[File:The_points_system_and_ICBC_-_Carl.png|link=]]
| text = “On my commute home from work I sometimes get a little lead-footed. I’ve been ticketed for speeding twice in the past two months. Now I’ve got six penalty points on my record, and a hefty penalty premium coming my way (not to mention the steep fines!). I get the message: I’ve got to slow down.” – Carl, Burnaby, BC}}

In BC, the main law that deals with traffic and driving is called the ''[https://canlii.ca/t/847n Motor Vehicle Act]''. If you get a ticket for violating this law — for example, for speeding or [https://www.peopleslawschool.ca/distracted-driving/ distracted driving] — you typically get driver penalty points on your driver’s record.

These penalty points are in addition to any fine you have to pay for the violation.

====How many points you get====
The number of points you get depends on the driving violation. For example, all speeding violations are three points. Distracted driving earns you four points. Driving while prohibited gets you 10 points.

Here are more examples of driving violations and the penalty points attached to them.

For the full list, [https://www.icbc.com/driver-licensing/tickets/Pages/fines-points-offences.aspx see ICBC’s website].

====Penalty points for criminal offences====
Canada’s ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec320.11 Criminal Code]'' also includes some driving offences. For example, dangerous driving or impaired driving. The penalty points for these offences range from six to 10. Again, these are in addition to any fine you have to pay.

====Parking tickets====
You don’t get any penalty points for parking tickets or other minor violations of city bylaws.

===Driver penalty points can increase your insurance premiums===
Each year, ICBC looks at your driving record for the last twelve-month period (they call this the “assessment period”). They add up the total number of penalty points you received in the assessment period. If you collected four or more points on your record, you’ll have to pay a '''driver penalty point premium'''.

Driver penalty point premiums are separate from your basic insurance premiums. (Everyone in BC who owns a vehicle must have [https://www.icbc.com/insurance/Pages/Default.aspx basic vehicle insurance] from ICBC.) Driver penalty points attach to your driver’s record, so you can be billed for these points even if you don’t own or insure a vehicle.

====How much you may have to pay====
The dollar amount of the penalty point premium depends on the number of points you received in the assessment period. If you have three or fewer, you don’t need to pay any penalty point premium.

ICBC has a [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Penalty-Points.aspx full list of the penalty point premiums].

====How long points stay on your driving record====
The driver penalty points you accumulate '''stay on your driving record for five years'''. But you only pay the premium once. You’ll receive an invoice just prior to your assessment date, which is usually your birthday.

{{PLSTipsbox
| text = '''Optional insurance premiums'''
A poor driving record can impact the premiums you pay for optional auto insurance, too. Drivers with frequent or serious driving convictions over a three-year period pay more for optional ICBC insurance coverage. See [https://www.icbc.com/about-icbc/newsroom/Documents/Optional-driving-convictions-factsheet.pdf this factsheet] for details.
}}

===Calculating penalty point premiums: Two examples===
Now, you may be thinking “Okay, I get it. Penalty points are bad. But how much will I actually end up paying if I get some points?” Let’s walk through a couple examples to illustrate this.

====If you get one speeding ticket====
Let’s say you get a ticket for speeding on the highway. When ICBC does their yearly review of your last 12 months of driving (your assessment period), this is the only offence that shows up. Consulting [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Penalty-Points.aspx ICBC’s chart], speeding on the highway earns you three penalty points. (As well, it comes with a fine.)

As mentioned above, you don’t pay a penalty point premium if you have three or fewer points.

====If you get two speeding tickets====
Let’s look at a slightly different scenario. Say you get a ticket for speeding on June 1. You get a second speeding ticket two months later, on September 1. In November, ICBC does their yearly review of your driver’s record. They look back at your previous 12 months of driving, and see six penalty points (three for each speeding offence).

The penalty point premium for six points is $367. This is in addition to the fines you were assessed for the tickets.

{{PLSTipsbox
| text = '''Order a copy of your driving record'''
Your driving record (also called a “driver’s abstract”) is a record of your driving history. It shows any driving offences or other traffic tickets you’ve received in the past five years. [https://onlinebusiness.icbc.com/clio/ You can order yours from ICBC for free].
}}

===There is a risk premium for more serious driving offences===

In addition to penalty point premiums explained above, some motorists may have to pay '''driver risk premiums'''. These are extra penalties that apply to more serious driving offences. They are also in addition to your regular insurance premiums.

You’ll have to pay a driver risk premium if you have at least one of the following:
*
* one or more driving-related ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec320.11 Criminal Code]'' convictions
* one or more 10-point ''[https://canlii.ca/t/847n Motor Vehicle Act]'' convictions
* one or more excessive speeding convictions
* two or more roadside suspensions or prohibitions
* two or more convictions for using an electronic device while driving

'''How much you may have to pay'''
Each year, ICBC reviews your driving record for offences in the previous three years. The amount of the driver risk premium depends on the number and type of convictions you get. For example, the driver risk premium for one Criminal Code conviction (like impaired driving) is $1,108. For two roadside suspensions, it’s $453.

You’ll receive one driver risk premium invoice per year just prior to your assessment date, which is usually your birthday. Since the assessment period is three years, a single conviction may result in a driver risk premium bill in each of the three years.

If you have a driving conviction to which the penalty point premium and the risk premium both apply (excessive speeding, for example), you’ll only be billed for the higher premium.

{{PLSTipsbox
| text = '''Reducing your driver risk premium'''
There are steps you can take to lower or eliminate your driver risk premium. One is to give up your driver’s licence for your entire billing period. This eliminates your risk premium. If you hand in your licence for at least 30 days during your billing period, your premium may be reduced. [https://www.icbc.com/about-icbc/contact-us/Pages/Default.aspx?step=1 Contact ICBC to discuss your options].
}}

===Too many points may lead to a driving prohibition===
Racking up points can have consequences beyond penalty points and increased insurance premiums. Those who get too many points may be temporarily prohibited from driving.

A common assumption is that, for those with a '''class five licence''' (the basic licence), nine to 11 penalty points leads to a prohibition. And for those with a '''class seven licence''' (for new drivers), it’s four points. This is a good rule of thumb, but it’s not the full picture. [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec93 Under the law], ICBC has a wide discretion to impose a driving prohibition. It’s the circumstances behind why you got the points that ICBC looks at.

====Consider a couple examples====
For example, say you’re a class five driver and you have seven penalty points. Those points came from two offences: excessive speeding and distracted driving. ICBC considers these high-risk offences, so they may issue you a driving prohibition even though you’re below the nine-point threshold. In other words, high-risk offences are more likely to get you in trouble.

ICBC also looks for patterns of conduct. A driver who keeps getting ticketed for the same offence is more likely to get a driving prohibition. The focus here is on a continuing disregard for the rules of the road, rather than the total number of points.

{{PLSTipsbox
| text = '''You can apply for a prohibition review'''
If you receive a driving prohibition, you may be able to apply for a review. This is a legal process you can use to challenge your prohibition. An adjudicator will review any evidence or statements you provide, and decide whether to revoke your prohibition. See the [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/prohibitions/apply-online provincial government’s website for details].
}}

===You can dispute a driving violation===
Penalty points are added to your driver’s record if you plead guilty to a driving offence. (Or if a court convicts you of an offence.) If you pay a traffic ticket, you’re admitting you are guilty.

If you don’t agree with a ticket, you can dispute (fight) it. Most tickets must be disputed '''within 30 days'''. But check the ticket carefully in case there is a shorter time limit.

For step-by-step guidance, see [https://www.peopleslawschool.ca/if-you-get-traffic-ticket/ how to dispute a traffic ticket].

{{Dial-A-Law_Navbox|type=consumer}}
{{Dial-A-Law Copyright}}