Family Law Glossary (3:App A) - Revision history

Nate Russell at 00:09, 18 November 2025

2025-11-18T00:09:04Z

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	'''CHILD'''		'''CHILD'''
	*Under the ''Divorce Act'': a ~~“‘child~~ of the ~~marriage’ is a~~ child of two spouses or former spouses who~~... …is~~ under the age of majority and who has not withdrawn from their charge or is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life”.		*Under the ''Divorce Act'': a ''child of the marriage'' means “a child of two spouses or former spouses who is under the age of majority and who has not withdrawn from their charge, or is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life”.
	*Under the ''Family Law Act'': “a person who is under 19 years of age or a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of their parents or guardians.		*Under the ''Family Law Act'': “a person who is under 19 years of age or a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of their parents or guardians.
	*Under the ''Adoption Act'': “an unmarried person under the age of 19 years”.		*Under the ''Adoption Act'': “an unmarried person under the age of 19 years”.

LSLAP at 16:50, 10 November 2025

2025-11-10T16:50:23Z

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	'''Alternate Service (Also known as Substitutional Service)'''		'''Alternate Service (Also known as Substitutional Service)'''

LSLAP at 16:50, 10 November 2025

2025-11-10T16:50:14Z

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LSLAP at 16:19, 10 November 2025

2025-11-10T16:19:55Z

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LSLAP at 00:40, 3 September 2024

2024-09-03T00:40:26Z

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LSLAP at 20:04, 30 August 2024

2024-08-30T20:04:49Z

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LSLAP at 05:54, 24 August 2023

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LSLAP at 19:45, 10 August 2022

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Desy Wahyuni at 03:46, 2 November 2021

2021-11-02T03:46:23Z

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			'''Alternate Service (Also known as Substitutional Service)'''
			*When an applicant, for a good reason, cannot serve the respondent personally because that person cannot be found or is evading service, the Court may make an order providing for service in some other way (i.e. by letter, advertisement, e-mail, Facebook message, other online methods, or service on a relative).

	'''ANNULMENT'''		'''ANNULMENT'''
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	*Under the ''Family Law Act'': “a person who is under 19 years of age or a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of their parents or guardians.		*Under the ''Family Law Act'': “a person who is under 19 years of age or a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of their parents or guardians.
	*Under the ''Adoption Act'': “an unmarried person under the age of 19 years”.		*Under the ''Adoption Act'': “an unmarried person under the age of 19 years”.

	~~'''CUSTODY'''~~
	*Under the ''Divorce Act'': "care, upbringing and any other incident of custody." As of March 1, 2021, this term was replaced with "parenting time".

	'''DECLARATORY JUDGMENT'''		'''DECLARATORY JUDGMENT'''
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	'''DEPENDANT'''		'''DEPENDANT'''
	*Anyone who relies on another to support ~~them.~~		*Anyone who relies on another to support him or her.

	~~'''SERVICE EX JURIS'''~~
	*When the person to be served is outside the province.

	'''FILING'''		'''FILING'''
	*As in filing pleadings, affidavits, property and financial statements, etc. in court. A document is filed at the court registry and forms part of the court record.		*As in filing pleadings, affidavits, property, and financial statements, etc. in court. A document is filed at the court registry and forms part of the court record.

	'''GUARDIANSHIP'''		'''GUARDIANSHIP'''
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	'''SERVICE'''		'''SERVICE'''
	*The act of delivering a document such as a Notice of Family Claim to a person is known as personal service. There is a distinction between personal service and ordinary service in the ''Supreme Court Family Rules''; see Part 6 for details. In the ''Provincial Court (Family) Rules'', see Rule 3.		*The act of delivering a document such as a Notice of Family Claim to a person is known as personal service. There is a distinction between personal service and ordinary service in the ''Supreme Court Family Rules''; see Part 6 for details. In the ''Provincial Court (Family) Rules'', see Rule 3. Certain documents must be served via personal service, such as originating pleadings including a Notice of Family Claim, an application to change, suspend, or terminate an existing final order, an application to set aside or replace the whole or part of an agreement filed under the Supreme Court Family Rules Rule 2-1(2), an application for an order for contempt, etc. See Rule 6-3(1) for a full list of documents that must be served by way of personal service.

			'''SERVICE EX JURIS'''
			*When the person to be served is outside the province.

	'''SPOUSE'''		'''SPOUSE'''
	*''Family Law Act'': 3(1): a person is a spouse for the purposes of this Act if the person(a) is married to another person, or (b) has lived with another person in a marriage-like relationship, and: (i) has done so for a continuous period of at least 2 years, (ii) except in Parts 5 [''Property Division''] and 6 [''Pension Division''], has a child with the other person.		*''Family Law Act'': 3(1): a person is a spouse for the purposes of this Act if the person(a) is married to another person, or (b) has lived with another person in a marriage-like relationship, and: (i) has done so for a continuous period of at least 2 years, (ii) except in Parts 5 [''Property Division''] and 6 [''Pension Division''], has a child with the other person.
	*''Divorce Act'': : Previously, “either of two persons who are married to each other”. Note, the definition of “spouse” no longer uses the phrase “means either of two persons who are married to each other” and now includes “former spouse” for specific sections of the Act (6(1), 15.1 to 16.96, 21.1, 25.01 and 25.1). See section 2(1) of the Divorce Act.		*''Divorce Act'': : Previously, “either of two persons who are married to each other”. Note, the definition of “spouse” no longer uses the phrase “means either of two persons who are married to each other” and now includes “former spouse” for specific sections of the Act (6(1), 15.1 to 16.96, 21.1, 25.01 and 25.1). See section 2(1) of the Divorce Act.
	*''Supreme Court Family Rules'': either a legally married spouse or ~~“[two persons]~~ not married to each other, who lived together as [married spouses] for a period of not less than two years” and who made an application under the Act within one year of separation. Same-sex partners are now viewed as common-law spouses provided the marriage-like relationship lasts for at least two years and the application for relief is commenced within one year of separation. The definition of “stepparent” includes a same-sex partner who also qualifies as a same-sex spouse.		*''Supreme Court Family Rules'': either a legally married spouse or “a man or woman not married to each other, who lived together as married spouses for a period of not less than two years” and who made an application under the Act within one year of separation. Same-sex partners are now viewed as common-law spouses provided the marriage-like relationship lasts for at least two years and the application for relief is commenced within one year of separation. The definition of “stepparent” includes a same-sex partner who also qualifies as a same-sex spouse.
	*''~~Estate Administration~~ Act'': under s 85, ~~parties must have cohabited~~ for ~~two years AND~~ the ~~claiming spouse must have been maintained AND the two years must run~~ immediately ~~preceding~~ the death or a ~~person who is united~~ to ~~another person by~~ a marriage ~~that, while not legal, is valid~~ at ~~common law~~.		*''Wills, Estates and Succession Act'': under s 2, two persons are spouses of each other for the purposes of this Act if they were both alive immediately before the date of death of one of the persons and (a) they were married to each other, or (b) they had lived with each other in a marriage-like relationship for at least 2 years. Two persons cease being spouses of each other for the purposes of this Act if, (a) in the case of a marriage, an event occurs that causes an interest in family property, as defined in Part 5 [Property Division] of the ''Family Law Act'', to arise, or (b) in the case of a marriage-like relationship, one or both persons terminate the relationship.
	*''Wills Variation Act~~'': the definition includes:~~
	**a) ~~a person who is united to another person by~~ a marriage that, ~~although not a legal marriage~~, ~~is valid by common law~~, or,
	**b) ~~a person who has lived and cohabited with another person, for a period~~ of ~~at least two years immediately before the other person’s death, in~~ a marriage-like relationship, ~~including a marriage-like relationship between~~ persons of the ~~same gender~~.
	*In British Columbia, the common law definition of a spouse evolves alongside the definition of a “marriage-like relationship”. The following are considerations from Richardson Estate (Re), 2014 BCSC 2162 which arose as guiding questions in the determination of whether a couple is engaged in a marriage-like relationship, though the approach of the courts has been to treat these as considerations in a holistic determination of marriage-like relationships rather than a comprehensive checklist:		*In British Columbia, the common law definition of a spouse evolves alongside the definition of a “marriage-like relationship”. The following are considerations from Richardson Estate (Re), 2014 BCSC 2162 which arose as guiding questions in the determination of whether a couple is engaged in a marriage-like relationship, though the approach of the courts has been to treat these as considerations in a holistic determination of marriage-like relationships rather than a comprehensive checklist:
	**(1) Shelter:		**(1) Shelter:
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	**(7) Children:		**(7) Children:
	***a. What was the attitude and conduct of the parties concerning children?		***a. What was the attitude and conduct of the parties concerning children?

	~~'''SUBSTITUTE SERVICE'''~~
	*When an applicant, for a good reason, cannot serve the respondent personally because that person cannot be found, the Court may make an order providing for service in some other way (i.e. by letter, advertisement, or service on a relative).


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LSLAP at 17:29, 20 August 2021

2021-08-20T17:29:14Z

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	'''CUSTODY'''		'''CUSTODY'''
	*Under the ''Divorce Act'': "care, upbringing and any other incident of custody." As of March 1, 2021, this term ~~will be~~ replaced with "parenting time".		*Under the ''Divorce Act'': "care, upbringing and any other incident of custody." As of March 1, 2021, this term was replaced with "parenting time".

	'''DECLARATORY JUDGMENT'''		'''DECLARATORY JUDGMENT'''
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	'''INTERIM ORDER'''		'''INTERIM ORDER'''
	*An order that is granted prior to the making of a final order. The order is good until a further order of the Court or agreement between the parties is made. The final order will not automatically be the same as the interim order. An interim order to determine ~~custody~~ and asset management while the matter is still in dispute is common in many divorce proceedings.		*An order that is granted prior to the making of a final order. The order is good until a further order of the Court or agreement between the parties is made. The final order will not automatically be the same as the interim order. An interim order to determine parenting time and asset management while the matter is still in dispute is common in many divorce proceedings.

	'''INTERIM EX PARTE ORDER'''		'''INTERIM EX PARTE ORDER'''
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	'''NOTICE OF FAMILY CLAIM'''		'''NOTICE OF FAMILY CLAIM'''
	*Documents that must be filed to commence most formal proceedings in the Supreme Court, for divorce and corollary relief.		*Documents that must be filed to commence most formal proceedings in the Supreme Court, for divorce and corollary relief.

			'''PARENTING TIME'''
			*Under the Divorce Act: “care, upbringing and any other incident of custody".

	'''PETITIONER/CLAIMANT'''		'''PETITIONER/CLAIMANT'''
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	'''SPOUSE'''		'''SPOUSE'''
	*''Family Law Act'': 3(1): a person is a spouse for the purposes of this Act if the person(a) is married to another person, or (b) has lived with another person in a marriage-like relationship, and: (i) has done so for a continuous period of at least 2 years, (ii) except in Parts 5 [''Property Division''] and 6 [''Pension Division''], has a child with the other person.		*''Family Law Act'': 3(1): a person is a spouse for the purposes of this Act if the person(a) is married to another person, or (b) has lived with another person in a marriage-like relationship, and: (i) has done so for a continuous period of at least 2 years, (ii) except in Parts 5 [''Property Division''] and 6 [''Pension Division''], has a child with the other person.
	*''Divorce Act'': “either of two persons who are married to each ~~other"~~. ~~Effective March 1, 2021~~, the definition ~~will be amended under this ''Act''~~ to ~~include former spouses under certain subsections~~ of the ''Act'' (~~see s~~ 2(1)).		*''Divorce Act'': : Previously, “either of two persons who are married to each other”. Note, the definition of “spouse” no longer uses the phrase “means either of two persons who are married to each other” and now includes “former spouse” for specific sections of the Act (6(1), 15.1 to 16.96, 21.1, 25.01 and 25.1). See section 2(1) of the Divorce Act.
	*''Supreme Court Family Rules'': either a legally married spouse or “[two persons] not married to each other, who lived together as [married spouses] for a period of not less than two years” and who made an application under the Act within one year of separation. Same-sex partners are now viewed as common-law spouses provided the marriage-like relationship lasts for at least two years and the application for relief is commenced within one year of separation. The definition of “stepparent” includes a same-sex partner who also qualifies as a same-sex spouse.		*''Supreme Court Family Rules'': either a legally married spouse or “[two persons] not married to each other, who lived together as [married spouses] for a period of not less than two years” and who made an application under the Act within one year of separation. Same-sex partners are now viewed as common-law spouses provided the marriage-like relationship lasts for at least two years and the application for relief is commenced within one year of separation. The definition of “stepparent” includes a same-sex partner who also qualifies as a same-sex spouse.
	*''Estate Administration Act'': under s 85, parties must have cohabited for two years AND the claiming spouse must have been maintained AND the two years must run immediately preceding the death or a person who is united to another person by a marriage that, while not legal, is valid at common law.		*''Estate Administration Act'': under s 85, parties must have cohabited for two years AND the claiming spouse must have been maintained AND the two years must run immediately preceding the death or a person who is united to another person by a marriage that, while not legal, is valid at common law.