Family Relationships - Revision history

Nate Russell: Clicklaw directory link edit

2024-08-07T19:50:42Z

Clicklaw directory link edit

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

	* [~~http~~://~~clicklaw~~.bc.ca/~~resource~~/~~2376~~ Introduction to Family Law] from Dial-a-Law by the People's Law School		* [https://dialalaw.peopleslawschool.ca/introduction-to-family-law/ Introduction to Family Law] from Dial-a-Law by the People's Law School
	* [~~http~~://~~clicklaw~~.bc.ca/~~resource~~/~~1257~~ Getting Married in British Columbia] from Dial-a-Law by the People's Law School		* [https://dialalaw.peopleslawschool.ca/getting-married/ Getting Married in British Columbia] from Dial-a-Law by the People's Law School
	* [https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~2052~~ Marriage Registration ~~and Certifications~~] from BC Vital Statistics Agency		* [https://www2.gov.bc.ca/gov/content/life-events/marriage/marriage-registration Marriage Registration] from BC Vital Statistics Agency
	* [https://~~www~~.~~clicklaw.bc~~.ca/~~resource~~/~~1259~~ Marriage Agreements and Cohabitation Agreements] from Dial-a-Law by the People's Law School		* [https://dialalaw.peopleslawschool.ca/marriage-agreements/ Marriage Agreements and Cohabitation Agreements] from Dial-a-Law by the People's Law School
	* [https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4644~~ Common-law Couples] from Legal Aid BC		* [https://family.legalaid.bc.ca/separation-divorce/common-law Common-law Couples] from Legal Aid BC
	* [https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4659 Thinking about Leaving?~~] from Legal Aid BC		* [https://family.legalaid.bc.ca/separation-divorce/going-through-separation Going Through Separation] from Legal Aid BC
	* [https://www.~~clicklaw.bc~~.ca/~~resource/4282 Make a Separation Plan Pathway~~] from ~~My Law BC~~		* [https://www.howtoseparate.ca/ How to Separate] online course from Justice Education Society
	* [~~http~~://~~clicklaw~~.bc.ca/~~resource/4639~~ Legal Services Society's Family Law website's common questions on Separation & Divorce]		* [https://family.legalaid.bc.ca/separation-divorce Legal Services Society's Family Law website's common questions on Separation & Divorce]
	* [https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~2816~~ Parenting Apart] from the BC Ministry of Attorney General		* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/family-law/parenting-apart Parenting Apart] from the BC Ministry of Attorney General
	* [https://justice.gov.bc.ca/divorce Divorce Assistant] from the Ministry of Justice		* [https://justice.gov.bc.ca/divorce Divorce Assistant] from the Ministry of Justice

	===Resources===		===Resources===

	*[https://~~www~~.~~clicklaw.bc.ca/resource~~/~~4758~~ "Starting Relationships" video] from JP Boyd		*[https://bit.ly/4ftjDLM "Starting Relationships" video] from JP Boyd
	*[https://~~www~~.~~clicklaw.bc.ca~~/~~resource~~/~~2751~~ "Separation Agreements"] from Legal Aid BC and West Coast LEAF		*[https://westcoastleaf.org/work/separation-agreements/ "Separation Agreements: Your Rights and Options"] from Legal Aid BC and West Coast LEAF
	*[~~http~~://~~www.clicklaw~~.bc.ca/~~resource~~/~~1058 Legal Services Society's~~ ''Living Together or Living Apart'']		*[https://legalaid.bc.ca/publications/pub/living-together-or-living-apart ''Living Together or Living Apart''] from Legal Aid BC
	*[https://www.clicklaw.bc.ca/resource/4126 "Coping with Separation Handbook"] from Legal Aid BC		*[https://legalaid.bc.ca/publications/pub/coping-separation-handbook "Coping with Separation Handbook"] from Legal Aid BC
	*[https://~~www.clicklaw~~.bc.ca/~~resource~~/~~4803~~ "Coping with Separation ~~During Covid-19~~ Handbook"] from Legal Aid BC		*[https://bit.ly/3AoGrfy "Ending Relationships" video] from JP Boyd
	*[https://~~www.clicklaw.bc~~.ca/~~resource/4760~~ "Ending Relationships" ~~vidoe~~] from JP Boyd		*[https://bit.ly/4fCuqTT "Getting Divorced in British Columbia" video] from JP Boyd
	*[https://~~www.clicklaw~~.~~bc.ca/resource~~/~~4763~~ "Getting Divorced in British Columbia" video] from JP Boyd

	{{REVIEWED \| reviewer = [[JP Boyd]], March 25, 2023}}		{{REVIEWED \| reviewer = [[JP Boyd]], March 25, 2023}}

Nate Russell: From staging 2024

2024-01-11T22:26:55Z

From staging 2024

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	*[https://www.clicklaw.bc.ca/resource/4763 "Getting Divorced in British Columbia" video] from JP Boyd		*[https://www.clicklaw.bc.ca/resource/4763 "Getting Divorced in British Columbia" video] from JP Boyd

	{{REVIEWED \| reviewer = [[JP Boyd]], March 25, ~~2021~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], March 25, 2023}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

Nate Russell at 21:26, 26 August 2022

2022-08-26T21:26:31Z

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	The fact that a married couple is separated, however, isn't enough to let either of them remarry. You must be formally divorced by an order of the court in order to remarry. If you remarry without being divorced from the first marriage, the new marriage will be invalid and you may be guilty of bigamy.		The fact that a married couple is separated, however, isn't enough to let either of them remarry. You must be formally divorced by an order of the court in order to remarry. If you remarry without being divorced from the first marriage, the new marriage will be invalid and you may be guilty of bigamy.

	On the other hand, the fact that you're separated won't stop you from having a new relationship, including a new relationship that would qualify as an unmarried spousal relationship. Technically, this is adultery, but no one except the Pope or your in-laws is likely to care. There's a lot more information about new relationships after separation in this chapter's section on [[~~Separating~~ and the Law]].		On the other hand, the fact that you're separated won't stop you from having a new relationship, including a new relationship that would qualify as an unmarried spousal relationship. Technically, this is adultery, but no one except the Pope or your in-laws is likely to care. There's a lot more information about new relationships after separation in this chapter's section on [[Separation and the Law]].

	====Divorce and getting divorced====		====Divorce and getting divorced====

Nate Russell: Unused template removed

2022-07-14T18:38:30Z

Unused template removed

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	~~{{JPBOFL Start Chapter~~
	\|Related = [[Marriage & Married Spouses]]{{·}}[[Unmarried Spouses]]{{·}}[[Other Unmarried Relationships]]{{·}}[[Children's Caregivers and Extended Family\|Caregivers and Extended Family]]{{·}}[[Adoption]]{{·}}[[Parentage and Assisted Reproduction]]
	}}
	{{JP Boyd on Family Law TOC\|expanded = relationships}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = relationships}}{{JPBOFL Editor Badge
	\|ChapterEditors = [[Stephen Wright]] and [[Michael Sinclair]]		\|ChapterEditors = [[Stephen Wright]] and [[Michael Sinclair]]

Nate Russell at 20:40, 20 June 2022

2022-06-20T20:40:31Z

Show changes

Nate Russell at 23:11, 31 July 2019

2019-07-31T23:11:53Z

← Older revision		Revision as of 23:11, 31 July 2019
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	===Links===		===Links===

	* [https://www.canada.ca/en/revenue-agency/services/child-family-benefits/child-family-benefits-calculator.html Canada child benefits calculator]		* [https://www.canada.ca/en/revenue-agency/services/child-family-benefits/child-family-benefits-calculator.html Canada child benefits calculator] (from the Canada Revenue Agency)
	* [http://clicklaw.bc.ca/resource/~~2289~~ Legal Services Society's Family Law website~~: FAQs about marriage, divorce and annulments~~]		* [http://clicklaw.bc.ca/resource/4639 Legal Services Society's Family Law website's common questions on Separation & Divorce]
	* [http://clicklaw.bc.ca/resource/1257 ~~Canadian Bar Association BC Branch:~~ Script ~~on getting married~~]		** Under the heading "Common questions"
	* [http://www.clicklaw.bc.ca/resource/1058 Legal Services Society's ~~‘’Living~~ Together or Living ~~Apart’’~~, ~~Chapter~~ 1~~, Types~~ of ~~Relationships]~~		* [http://clicklaw.bc.ca/resource/1257 Dial-A-Law Script "Getting Married in British Columbia"]
	* [http://clicklaw.bc.ca/resource/2376 ~~Canadian Bar Association BC Branch:~~ Introduction to ~~family law~~]		* [http://www.clicklaw.bc.ca/resource/1058 Legal Services Society's ''Living Together or Living Apart''], chapter 1 on types of relationships
			* [http://clicklaw.bc.ca/resource/2376 Dial-A-Law Script "Introduction to Family Law"]

Nate Russell at 16:42, 22 July 2019

2019-07-22T16:42:46Z

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	====Parents through natural reproduction====		====Parents through natural reproduction====

	Under s. 26, a child's parents are presumed to be the child's ''birth mother'' and ''biological father''. This includes ''everyone'' who is a mother or a father, regardless of the nature of the parents' relationship with each other. They could be married spouses or unmarried spouses, dating each other or not dating at all.		Under section 26, a child's parents are presumed to be the child's ''birth mother'' and ''biological father''. This includes ''everyone'' who is a mother or a father, regardless of the nature of the parents' relationship with each other. They could be married spouses or unmarried spouses, dating each other or not dating at all.

	====Parents through assisted reproduction====		====Parents through assisted reproduction====
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	*a surrogate mother ''is a parent'', unless everyone has signed an assisted reproduction agreement that makes her not a parent.		*a surrogate mother ''is a parent'', unless everyone has signed an assisted reproduction agreement that makes her not a parent.

	If you do the math, you'll see that under the ''Family Law Act'' a child can have up to five parents. The act doesn't discriminate between parents who are intended parents and parents who are donors or surrogate mothers. In for a penny, in for a pound, as the saying goes: a parent under an assisted reproduction agreement is liable to pay child support just like every other parent, but is also presumed to be the guardian of a child under s. 39(3).		If you do the math, you'll see that under the ''Family Law Act'' a child can have up to five parents. The act doesn't discriminate between parents who are intended parents and parents who are donors or surrogate mothers. In for a penny, in for a pound, as the saying goes: a parent under an assisted reproduction agreement is liable to pay child support just like every other parent, but is also presumed to be the guardian of a child under section 39(3).

	===Caregivers and extended family relationships===		===Caregivers and extended family relationships===

Nate Russell: /* Marriage and getting married */

2019-07-22T16:27:40Z

Marriage and getting married

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	It is not true that an unmarried couple is automatically "married" once they've lived together for a certain amount of time. A unmarried couple is never legally married unless they have actually had a marriage ceremony. There is no such thing as a "common-law marriage."		It is not true that an unmarried couple is automatically "married" once they've lived together for a certain amount of time. A unmarried couple is never legally married unless they have actually had a marriage ceremony. There is no such thing as a "common-law marriage."

	You are not legally married unless you have a marriage ceremony and the ceremony is conducted by someone authorized by the provincial government to perform marriages. Your car mechanic can ~~marry you~~, if your car mechanic is a marriage commissioner, but your Wiccan high priestess cannot legally marry you unless she also happens to be a licensed marriage commissioner.		You are not legally married unless you have a marriage ceremony and the ceremony is conducted by someone authorized by the provincial government to perform marriages. Your car mechanic can perform your marriage, if your car mechanic is a marriage commissioner, but your Wiccan high priestess cannot legally marry you unless she also happens to be a licensed marriage commissioner.

	Las Vegas marriages and other sorts of quickie marriages are valid and binding marriages, as long as the marriages meet the criteria for valid marriages, discussed in the next section. If you want to undo the marriage, you'll have to get divorced just like every other person in a valid marriage, and that will usually mean waiting until one year has passed since your separation. An alcohol-induced Las Vegas marriage was upheld in the very funny 2005 Supreme Court case of ''[http://canlii.ca/t/1q47l Davison v. Sweeney]'', 2005 BCSC 757, simply because the spouses knew what they were doing when they married, despite the fact that they had never had sex and separated two days after the marriage, when their respective holidays ended.		Las Vegas marriages and other sorts of quickie marriages are valid and binding marriages, as long as the marriages meet the criteria for valid marriages, discussed in the next section. If you want to undo the marriage, you'll have to get divorced just like every other person in a valid marriage, and that will usually mean waiting until one year has passed since your separation. An alcohol-induced Las Vegas marriage was upheld in the very funny 2005 Supreme Court case of ''[http://canlii.ca/t/1q47l Davison v. Sweeney]'', 2005 BCSC 757, simply because the spouses knew what they were doing when they married, despite the fact that they had never had sex and separated two days after the marriage, when their respective holidays ended.

Nate Russell: /* Other unmarried relationships */

2019-07-22T16:22:50Z

Other unmarried relationships

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	Like unmarried spouses who have lived together for less than two years, couples who are not spouses still share in property they jointly own, and they can make claims to property owned only by one spouse under the law of trusts and the law of equity. These claims are discussed in the introductory section of the [[Property_%26_Debt_in_Family_Law_Matters\|Property & Debt]] chapter.		Like unmarried spouses who have lived together for less than two years, couples who are not spouses still share in property they jointly own, and they can make claims to property owned only by one spouse under the law of trusts and the law of equity. These claims are discussed in the introductory section of the [[Property_%26_Debt_in_Family_Law_Matters\|Property & Debt]] chapter.

	Couples who are not spouses, not parents, and do not live together cannot apply for protection orders under the ''[[Family Law Act]]''.		Couples who are not spouses, not parents, and do not live together cannot apply for protection orders under the ''[[Family Law Act]]''. See the chapter on [[Family Violence Overview\|Family Violence]] for an introduction to the ways that the police and criminal law can deal with family violence, if this is a concern in your situation.

	===Children's caregivers and extended family===		===Children's caregivers and extended family===

Nate Russell: /* Caregivers and extended family relationships */

2019-07-22T16:17:12Z

Caregivers and extended family relationships

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	===Caregivers and extended family relationships===		===Caregivers and extended family relationships===

	~~Other~~ people can have a legal relationship with a child ~~in addition to people who are parents~~. Most of the time these people are extended family members who have had a parent-like relationship with a child, such as a grandparent, an aunt or an uncle, or even a much older sibling, but any adult who has had a parenting role in a child's life may have ~~an interest in~~ a ~~child~~.		In addition to parents, other people can have a legal relationship with a child. Most of the time these people are extended family members who have had a parent-like relationship with a child, such as a grandparent, an aunt or an uncle, or even a much older sibling, but any adult who has had a parenting role in a child's life may have a legal relationship.

	This kind of legal relationship plays out in one of two ways. Where a child's parents are doing a good enough job, an extended family member might want ''contact'' with the child, if time with the child is being withheld. Section 59(2) of the ''[[Family Law Act]]'' says this:		This kind of legal relationship plays out in one of two ways. Where a child's parents are doing a good enough job, an extended family member might want ''contact'' with the child, if time with the child is being withheld. Section 59(2) of the ''[[Family Law Act]]'' says this: