Family Law Act Basics - Revision history

Nate Russell: /* When both spouses live in British Columbia */

2026-10-02T22:36:19Z

When both spouses live in British Columbia

← Older revision		Revision as of 22:36, 2 October 2026
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	====When both spouses live in British Columbia====		====When both spouses live in British Columbia====

	To change a ''[[Family Law Act]]'' spousal support order when both parties live in British Columbia, the ''applicant'' — the person making the application — must apply in the court proceeding where the order was made, following the rules for that court. In the BC Supreme Court, the applicant must serve the unfiled notice of application and the other materials required by Rule 10-6(2) before filing them. If the application is to change a final order, the materials must be served by personal service, and ~~follow~~ the special rules about applications to change final orders. See [[Changing Supreme Court Family Law Orders]] for more information about applications to change final orders.		To change a ''[[Family Law Act]]'' spousal support order when both parties live in British Columbia, the ''applicant'' — the person making the application — must apply in the court proceeding where the order was made, following the rules for that court. In the BC Supreme Court, the applicant must serve the unfiled notice of application and the other materials required by Rule 10-6(2) before filing them. If the application is to change a final order, the materials must be served by personal service, and the respondent has 14 days after service to respond (Rule 10-6(2.1)(a) and (8.1)(c)). Follow the special rules about applications to change final orders. See [[Changing Supreme Court Family Law Orders]] for more information about applications to change final orders.

	====When a spouse lives outside of British Columbia====		====When a spouse lives outside of British Columbia====

Nate Russell: /* When both parties live in British Columbia */

2026-10-02T22:33:50Z

When both parties live in British Columbia

← Older revision		Revision as of 22:33, 2 October 2026
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	====When both parties live in British Columbia====		====When both parties live in British Columbia====

	To change a ''[[Family Law Act]]'' child support order when both parties live in British Columbia, the ''applicant'' — the person making the application — must apply in the court proceeding where the order was made, following the rules for that court. In the BC Supreme Court, the applicant must serve the unfiled notice of application and the other materials required by Rule 10-6(2) before filing them. If the application is to change a final order, ~~the~~ materials must be served by personal service, and ~~follow the~~ special rules about applications to change final orders. See [[Changing Supreme Court Family Law Orders]] for more information about applications to change final orders.		To change a ''[[Family Law Act]]'' child support order when both parties live in British Columbia, the ''applicant'' — the person making the application — must apply in the court proceeding where the order was made, following the rules for that court. In the BC Supreme Court, the applicant must serve the unfiled notice of application and the other materials required by Rule 10-6(2) before filing them. If the application is to change a final order, materials must be served by personal service, and special rules about applications to change final orders must be followed. See [[Changing Supreme Court Family Law Orders]] for more information about applications to change final orders.

	====When a party lives outside of British Columbia====		====When a party lives outside of British Columbia====

Nate Russell: Resources and links clean up

2026-10-02T19:00:46Z

Resources and links clean up

← Older revision		Revision as of 19:00, 2 October 2026
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	===What are the duties of professionals?===		===What are the duties of professionals?===

	Under section 8, family justice counsellors, mediators, lawyers, arbitrators, and parenting coordinators are required to "assess" for family violence and the extent to which it affects someone’s safety or ability to negotiate. These professionals have to discuss with their clients how different family dispute resolution processes may or may not be appropriate for their situation, and consider what additional assistance may be necessary, including a safety plan. If there is an imminent risk of serious physical harm, they may have to share confidential information or report a child who needs protection. ~~The~~ [https://~~pubsdb~~.~~lss~~.bc.ca/pdfs/pubs/Is-Your-Client~~-Safe~~-eng.pdf ~~Legal Services Society] has published a~~ guide to relationship violence for lawyers that covers some of these considerations.		Under section 8, family justice counsellors, mediators, lawyers, arbitrators, and parenting coordinators are required to "assess" for family violence and the extent to which it affects someone’s safety or ability to negotiate. These professionals have to discuss with their clients how different family dispute resolution processes may or may not be appropriate for their situation, and consider what additional assistance may be necessary, including a safety plan. If there is an imminent risk of serious physical harm, they may have to share confidential information or report a child who needs protection. Legal Aid BC has published a [https://api2.legalaid.bc.ca/resources/pdfs/pubs/Safety-Planning-for-Your-Client-eng.pdf guide to relationship violence for lawyers] that covers some of these considerations.

	===How do you determine what is in children’s best interests?===		===How do you determine what is in children’s best interests?===
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	*''[https://canlii.ca/t/8q3k Family Law Act]''		*''[https://canlii.ca/t/8q3k Family Law Act]''
	*[https://canlii.ca/t/~~54vs0~~ Provincial Court (Family) Rules]		*[https://canlii.ca/t/b8rn Provincial Court Family Rules]
	*''[https://canlii.ca/t/551f9 Divorce Act]''		*''[https://canlii.ca/t/551f9 Divorce Act]''
	*[https://canlii.ca/t/~~55289~~ Supreme Court Family Rules]		*[https://canlii.ca/t/8mcr Supreme Court Family Rules]
	*[https://canlii.ca/t/531vd Federal Child Support Guidelines]		*[https://canlii.ca/t/531vd Federal Child Support Guidelines]
	*''[https://canlii.ca/t/54wgc Income Tax Act]''		*''[https://canlii.ca/t/54wgc Income Tax Act]''

Nate Russell: /* Links */

2026-10-02T18:48:21Z

Links

← Older revision		Revision as of 18:48, 2 October 2026
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	===Links===		===Links===
	*[https://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html "Spousal Support Advisory Guidelines"] from the Department of Justice		*[https://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html "Spousal Support Advisory Guidelines"] from the Department 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/active-reviews/family-law-act "The Family Law Act"] information page 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://info.legalaid.bc.ca/resources/family-law/living-together-or-living-apart "Living Together or Living Apart"] from Legal Aid BC
	* [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.youtube.com/watch?v=5reJGIGCBkc "What you need to know about the new Provincial Court Family Rules"] video presentation from Legal Aid BC
	* [https://family.legalaid.bc.ca/resources/living-together-or-living-apart "Living Together or Living Apart"] from ~~the~~ Legal Aid BC
	* [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~~

	{{REVIEWED \| reviewer = [[Nate Russell]], 2 October 2026}}		{{REVIEWED \| reviewer = [[Nate Russell]], 2 October 2026}}

Nate Russell at 18:40, 2 October 2026

2026-10-02T18:40:02Z

← Older revision		Revision as of 18:40, 2 October 2026
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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 November 2023~~}}		{{REVIEWED \| reviewer = [[Nate Russell]], 2 October 2026}}

	{{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: /* When both spouses live in British Columbia */

2026-10-02T18:27:19Z

When both spouses live in British Columbia

← Older revision		Revision as of 18:27, 2 October 2026
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	====When both spouses live in British Columbia====		====When both spouses live in British Columbia====

	To change a ''[[Family Law Act]]'' spousal support order when both ~~spouses~~ live ~~here~~, the applicant must ~~file a Notice of Application~~ in the ~~original~~ court proceeding. ~~The~~ [~~http://canlii.ca/t/8mcr~~ Supreme Court Family ~~Rules~~] ~~have special provisions~~ for applications to change final orders.		To change a ''[[Family Law Act]]'' spousal support order when both parties live in British Columbia, the ''applicant'' — the person making the application — must apply in the court proceeding where the order was made, following the rules for that court. In the BC Supreme Court, the applicant must serve the unfiled notice of application and the other materials required by Rule 10-6(2) before filing them. If the application is to change a final order, the materials must be served by personal service, and follow the special rules about applications to change final orders. See [[Changing Supreme Court Family Law Orders]] for more information about applications to change final orders.

	====When a spouse lives outside of British Columbia====		====When a spouse lives outside of British Columbia====

Nate Russell: Oct 1 BCSC chambers rules change to "serve then file"

2026-10-02T18:23:54Z

Oct 1 BCSC chambers rules change to "serve then file"

← Older revision		Revision as of 18:23, 2 October 2026
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	====When both parties live in British Columbia====		====When both parties live in British Columbia====

	To change a ''[[Family Law Act]]'' child support order when both parties live ~~here~~, the ''applicant'' — the person making the application — must ~~file a Notice of Application~~ in the ~~original~~ court proceeding. ~~The~~ [~~http://canlii.ca/t/8mcr~~ Supreme Court Family ~~Rules~~] ~~have special rules~~ about applications to change final orders.		To change a ''[[Family Law Act]]'' child support order when both parties live in British Columbia, the ''applicant'' — the person making the application — must apply in the court proceeding where the order was made, following the rules for that court. In the BC Supreme Court, the applicant must serve the unfiled notice of application and the other materials required by Rule 10-6(2) before filing them. If the application is to change a final order, the materials must be served by personal service, and follow the special rules about applications to change final orders. See [[Changing Supreme Court Family Law Orders]] for more information about applications to change final orders.

	====When a party lives outside of British Columbia====		====When a party lives outside of British Columbia====

Nate Russell: Clicklaw directory link edit

2024-08-02T22:33:11Z

Clicklaw directory link edit

← Older revision		Revision as of 22:33, 2 August 2024
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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

← Older revision		Revision as of 22:18, 11 January 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