Family Law Act Basics - Revision history

Nate Russell: Clicklaw directory link edit

2024-08-02T22:33:11Z

Clicklaw directory link edit

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	* [https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act/the-family-law-act-regulations-explained "The Family Law Act Regulations Explained"] from the Ministry of Attorney General		* [https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act/the-family-law-act-regulations-explained "The Family Law Act Regulations Explained"] from the Ministry of Attorney General
	* [https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act/amendments-to-court-rules "Amendments to Court Rules"] from the Ministry of Attorney General		* [https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act/amendments-to-court-rules "Amendments to Court Rules"] from the Ministry of Attorney General
	* [https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~1058~~ "Living Together or Living Apart"] from the Legal ~~Services Society~~		* [https://family.legalaid.bc.ca/resources/living-together-or-living-apart "Living Together or Living Apart"] from the Legal Aid BC
	* [https://~~www.clicklaw.bc~~.~~ca/resource~~/~~4882~~ "Provincial Court Family Rules Explained"] from the Ministry of Attorney General		* [https://bit.ly/4db2XHA "Provincial Court Family Rules Explained"] from the Ministry of Attorney General
	* [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 "What you need to know about the new Provincial Court Family Rules"] from the Provincial Court of British Columbia		* [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 "What you need to know about the new Provincial Court Family Rules"] from the Provincial Court of British Columbia

Nate Russell: From staging 2024

2024-01-11T22:18:30Z

From staging 2024

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	*parenting time and contact with a child,		*parenting time and contact with a child,
	*child support,		*child support,
	*spousal support; and,		*spousal support,
			*orders about ownership of companion animals (pets), and
	*orders for the protection of people.		*orders for the protection of people.

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	Most importantly, family property also includes the increase in value of excluded property during the spouses’ relationship, beginning either at the date the spouses began to live together or the date of their marriage, whichever is first. Say, for example, that a house had equity of $100,000 when a relationship started, and equity of $150,000 when it ended. The spouse who owns the house would keep the $100,000 the house was worth at the beginning of the relationship as excluded property, and each of them would share the $50,000 in growth as family property.		Most importantly, family property also includes the increase in value of excluded property during the spouses’ relationship, beginning either at the date the spouses began to live together or the date of their marriage, whichever is first. Say, for example, that a house had equity of $100,000 when a relationship started, and equity of $150,000 when it ended. The spouse who owns the house would keep the $100,000 the house was worth at the beginning of the relationship as excluded property, and each of them would share the $50,000 in growth as family property.

			===What about pets?===
			The ''Family Law Act'' introduced special laws around pets, defined as ''companion animals'', in January 2024. Prior to this, pets were not treated differently by legislation.

			A judge of either the Supreme Court or the Provincial Court can decide which party will own the pet in question. Interestingly, the court does not have discretion to order shared ownership of a pet. People can make their own family law agreements to accommodate shared ownership of a pet, but if the court is to make a decision, it must be for one or the other party to be the owner. Section 97 sets out the factors which determine who should be the owner of a family pet, and it is not just about who owned the pet before the relationship. See the section on [[Dividing Property and Debt in Family Law Matters]] under the Property and Debt chapter for more.

	===What is family debt?===		===What is family debt?===
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	===How are property and debt divided?===		===How are property and debt divided?===

	Spouses can make agreements and the court can make orders about how property and debt should be divided. Only the Supreme Court can make orders about the division of property and debt.		Spouses can make agreements and the court can make orders about how property and debt should be divided. Only the Supreme Court can make orders about the division of property and debt, with the exception of pets which are called ''companion animals''.

	Note that agreements and orders about debt made under the ''[[Family Law Act]]'' are only binding between spouses. They don’t affect the rights of creditors or the steps creditors can take to collect on a debt.		Note that agreements and orders about debt made under the ''[[Family Law Act]]'' are only binding between spouses. They don’t affect the rights of creditors or the steps creditors can take to collect on a debt.
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	* [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 "What you need to know about the new Provincial Court Family Rules"] from the Provincial Court of British Columbia		* [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 "What you need to know about the new Provincial Court Family Rules"] from the Provincial Court of British Columbia

	{{REVIEWED \| reviewer = [[JP Boyd]], 17 ~~February 2020~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], 17 November 2023}}

	{{JP Boyd on Family Law Navbox\|type=started}}		{{JP Boyd on Family Law Navbox\|type=started}}
	{{Creative Commons for JP Boyd}}		{{Creative Commons for JP Boyd}}
	[[Category:JP Boyd on Family Law]]		[[Category:JP Boyd on Family Law]]

Nate Russell: From staging May 2022

2022-05-19T23:05:38Z

From staging May 2022

Show changes

Jpboyd: /* Links */

2021-03-06T19:43:51Z

Links

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	{{REVIEWED \| reviewer = [[JP Boyd]], ~~June 21~~, ~~2019~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], March 6, 2021}}

	{{JP Boyd on Family Law Navbox\|type=started}}		{{JP Boyd on Family Law Navbox\|type=started}}
	{{Creative Commons for JP Boyd}}		{{Creative Commons for JP Boyd}}
	[[Category:JP Boyd on Family Law]]		[[Category:JP Boyd on Family Law]]

Jpboyd: /* What is arbitration? */

2021-03-06T19:43:26Z

What is arbitration?

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	<span style="color:#D2691E">'''Important changes'''</span> <br />		<span style="color:#D2691E">'''Important changes'''</span> <br />
	Under recent changes to the ''Family Law Act'' that took effect on 1 September 2020, the act now provides rules about the arbitration of family law disputes. The arbitration of family law disputes is no longer governed by the ~~‘’Arbitration Act’’~~.		Under recent changes to the ''Family Law Act'' that took effect on 1 September 2020, the act now provides rules about the arbitration of family law disputes. The arbitration of family law disputes is no longer governed by the ''Arbitration Act''.

	===What is parenting coordination?===		===What is parenting coordination?===

Jpboyd: /* What is arbitration? */

2021-03-06T19:43:01Z

What is arbitration?

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	<span style="color:#D2691E">'''Important changes'''</span> <br />		<span style="color:#D2691E">'''Important changes'''</span> <br />
	Under recent changes to the ''Family Law Act'' that took effect on 1 September 2020, the act now provides rules about the arbitration of family law disputes.		Under recent changes to the ''Family Law Act'' that took effect on 1 September 2020, the act now provides rules about the arbitration of family law disputes. The arbitration of family law disputes is no longer governed by the ‘’Arbitration Act’’.

	===What is parenting coordination?===		===What is parenting coordination?===

Jpboyd: /* What is arbitration? */

2021-03-06T19:42:11Z

What is arbitration?

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	More information about arbitration is available in the [[Resolving Family Law Problems out of Court]] chapter in the section on [[Family Law Arbitration]].		More information about arbitration is available in the [[Resolving Family Law Problems out of Court]] chapter in the section on [[Family Law Arbitration]].

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under recent changes to the ''Family Law Act'' that took effect on 1 September 2020, the act now provides rules about the arbitration of family law disputes.

	===What is parenting coordination?===		===What is parenting coordination?===

Jpboyd at 19:36, 6 March 2021

2021-03-06T19:36:26Z

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	This section provides a top to bottom overview of the ''[[Family Law Act]]'' in an easy-to-read question and answer format. It is written primarily for justice system workers and legal advocates, but anyone can use it. All of the information provided in this section is discussed in more detail elsewhere in ''JP Boyd on Family Law''. Use the search tool at the top of the page to find more information about specific topics.		This section provides a top to bottom overview of the ''[[Family Law Act]]'' in an easy-to-read question and answer format. It is written primarily for justice system workers and legal advocates, but anyone can use it. All of the information provided in this section is discussed in more detail elsewhere in ''JP Boyd on Family Law''. Use the search tool at the top of the page to find more information about specific topics.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Look for explanations under this heading to read about recent changes to family law affecting the information provided in this section.

	==Introduction==		==Introduction==
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	The ''Act'', in other words, covers everything except adoption, child protection, and wills and estates problems!		The ''Act'', in other words, covers everything except adoption, child protection, and wills and estates problems!

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under recent changes to the ''Family Law Act'' that took effect on 1 September 2020, the act now provides rules about the arbitration of family law disputes in addition to its rules about parenting coordination.

	==The law about children==		==The law about children==
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	====The best interests of children and family violence====		====The best interests of children and family violence====

	When family violence is an issue, parents and judges must consider the best-interests factors at section 37, as well as a list of considerations set out at section 38, to help assess the impact of ~~the~~ family violence on the child and on a person’s capacity to care for the child. These considerations include:		When family violence is an issue, parents and judges must consider the best-interests factors at section 37, as well as a list of considerations set out at section 38, to help assess the impact of family violence on the child and on a person’s capacity to care for the child. These considerations include:

	*the severity of the family violence,		*the severity of the family violence,
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	Remember that only guardians have parental responsibilities and the right to make decisions for a child.		Remember that only guardians have parental responsibilities and the right to make decisions for a child.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''.

	===What happens if a guardian can’t exercise parental responsibilities?===		===What happens if a guardian can’t exercise parental responsibilities?===
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	''Good faith'' means that the guardian who wants to move isn’t planning on moving just to take the child away from another guardian, and that the move <span class="noglossary">will</span> likely improve the child’s quality of life or the guardian’s quality of life.		''Good faith'' means that the guardian who wants to move isn’t planning on moving just to take the child away from another guardian, and that the move <span class="noglossary">will</span> likely improve the child’s quality of life or the guardian’s quality of life.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			The ''Divorce Act'' now also provides a test to help judges decide what should happen when a spouse wants to move away from the other spouse after separation. Although the ''Divorce Act'' test is similar to the ''Family Law Act'' test, they are not exactly the same. It is a good idea to speak to a lawyer whenever someone wants to move away after separation.

	==The law about child support==		==The law about child support==

Nate Russell at 18:25, 31 July 2019

2019-07-31T18:25:17Z

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	===Links===		===Links===

	* [https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act/the-family-law-act-explained The Family Law Act Explained], from the Ministry of ~~Justice~~		* [https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act/the-family-law-act-explained "The Family Law Act Explained", from the Ministry of Attorney General]
	* [https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act/the-family-law-act-regulations-explained The Family Law Act Regulations Explained], from the Ministry of ~~Justice~~		* [https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act/the-family-law-act-regulations-explained "The Family Law Act Regulations Explained", from the Ministry of Attorney General]
	* [https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act/amendments-to-court-rules Amendments to Court Rules], from the Ministry of ~~Justice~~		* [https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act/amendments-to-court-rules "Amendments to Court Rules", from the Ministry of Attorney General]
	* [https://www.clicklaw.bc.ca/resource/1058 Living Together or Living Apart], from the Legal Services Society		* [https://www.clicklaw.bc.ca/resource/1058 ''Living Together or Living Apart'', from the Legal Services Society]

Nate Russell: /* Case management orders */

2019-07-26T21:57:48Z

Case management orders

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	*striking out all or part of a claim or application,		*striking out all or part of a claim or application,
	*delaying a court proceeding while the parties participate in a family dispute resolution process, and		*delaying a court proceeding while the parties participate in a family dispute resolution process, and
	*requiring that all other applications be heard by the same judge (e.g. a judge might ~~"seize" themselves of proceedings that are~~ highly litigious).		*requiring that all other applications be heard by the same judge (e.g. a judge might do this for highly litigious proceedings).

	===How are orders enforced?===		===How are orders enforced?===