Governing Legislation and Resources for Family Law (3:II) - Revision history

LSLAP: /* 1. Ministry of Justice – Family Law Legislation */

2025-11-10T17:40:14Z

1. Ministry of Justice – Family Law Legislation

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	On March 18, 2013, British Columbia’s ''Family Law Act [FLA]'' came into force replacing the ''Family Relations Act [FRA]''. Resources that are relevant to this change include:		On March 18, 2013, British Columbia’s ''Family Law Act [FLA]'' came into force replacing the ''Family Relations Act [FRA]''. Resources that are relevant to this change include:

	~~Resources that are particularly relevant include:~~
	*[https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/legislation-policy/fla/concordance.pdf Table of Concordance] – Allows for quick cross-referencing from the ''FRA'' sections to the ''FLA'' sections.		*[https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/legislation-policy/fla/concordance.pdf Table of Concordance] – Allows for quick cross-referencing from the ''FRA'' sections to the ''FLA'' sections.
	*[https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/active-reviews/family-law-act/the-family-law-act-explained The Family Law Act explained] – - Explains the meaning and intention of each section of the ''FLA'' as it was implemented in 2013 and provides information on where each section replaced, changed or carried over a section of the ''FRA''.		*[https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/active-reviews/family-law-act/the-family-law-act-explained The Family Law Act explained] – - Explains the meaning and intention of each section of the ''FLA'' as it was implemented in 2013 and provides information on where each section replaced, changed or carried over a section of the ''FRA''.

LSLAP: /* A. Resources in Print */

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A. Resources in Print

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	#Continuing Legal Education Society of British Columbia, ''Family Law Sourcebook for British Columbia'' (Vancouver: Continuing Legal Education Society of British Columbia, 2022).		#Continuing Legal Education Society of British Columbia, ''Family Law Sourcebook for British Columbia'' (Vancouver: Continuing Legal Education Society of British Columbia, 2022).
	#*This loose-leaf sourcebook contains a thorough overview of all aspects of family law, with ~~cites~~ citations to the relevant authorities for each statement of law.		#*This loose-leaf sourcebook contains a thorough overview of all aspects of family law, with citations to the relevant authorities for each statement of law.
	#Continuing Legal Education Society of British Columbia, ''Annotated Family Practice 2023–2024'' [regular updates]. (Vancouver: Continuing Legal Education Society of British Columbia, 2008).		#Continuing Legal Education Society of British Columbia, ''Annotated Family Practice 2023–2024'' [regular updates]. (Vancouver: Continuing Legal Education Society of British Columbia, 2008).
	#*This is an essential resource for many family law lawyers and is updated each year.		#*This is an essential resource for many family law lawyers and is updated each year.

LSLAP: /* 5. FamilyLaw in BC */

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5. FamilyLaw in BC

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	*This program helps families to enforce child support and spousal support orders from ex-partners. Enrollment for the BCFMA can be done online or via mail.		*This program helps families to enforce child support and spousal support orders from ex-partners. Enrollment for the BCFMA can be done online or via mail.

	=== 5. ~~FamilyLaw~~ in BC ===		=== 5. Family Law in BC ===

	Website: https://~~family~~.~~legalaid.bc~~.ca/		Website: https://www.familylawinbc.ca/

	*This site has general information on family law, including self-help materials, forms a client needs to file for an uncontested divorce, and step-by-step instructions for filling out the forms.		*This site has general information on family law, including self-help materials, forms a client needs to file for an uncontested divorce, and step-by-step instructions for filling out the forms.

LSLAP at 16:22, 10 November 2025

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	{{REVIEWED LSLAP \| date= ~~June 23~~, ~~2024~~}}		{{REVIEWED LSLAP \| date= November 8, 2025}}
	{{LSLAP Manual TOC\|expanded = family}}		{{LSLAP Manual TOC\|expanded = family}}

LSLAP: /* B. Resources on the Internet */

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B. Resources on the Internet

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	[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/11025_00 Government website for the Family Law Act]		[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/11025_00 Government website for the Family Law Act]

	On March 18, 2013, British Columbia’s Family Law Act [FLA] came into force replacing the Family Relations Act [FRA]. Resources that are relevant to this change include:		On March 18, 2013, British Columbia’s ''Family Law Act [FLA]'' came into force replacing the ''Family Relations Act [FRA]''. Resources that are relevant to this change include:

	Resources that are particularly relevant include:		Resources that are particularly relevant include:

LSLAP: /* B. Resources on the Internet */

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B. Resources on the Internet

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	*[https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/legislation-policy/fla/concordance.pdf Table of Concordance] – Allows for quick cross-referencing from the ''FRA'' sections to the ''FLA'' sections.		*[https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/legislation-policy/fla/concordance.pdf Table of Concordance] – Allows for quick cross-referencing from the ''FRA'' sections to the ''FLA'' sections.
	*[https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/active-reviews/family-law-act/the-family-law-act-explained The Family Law Act explained] – - Explains the meaning and intention of each section of the ''FLA'' as it was implemented in 2013 and provides information on where each section replaced, changed or carried over a section of the ''FRA''.		*[https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/active-reviews/family-law-act/the-family-law-act-explained The Family Law Act explained] – - Explains the meaning and intention of each section of the ''FLA'' as it was implemented in 2013 and provides information on where each section replaced, changed or carried over a section of the ''FRA''.
	*[https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcfr-explained.pdf The Ministry of Attorney General - ''Provincial Court Family Rules Explained''] - - A document developed by the Ministry of Attorney General to support the transition to the new Provincial Court Family Rules, last updated January 2022.		*[https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcfr-explained.pdf The Ministry of Attorney General - ''Provincial Court Family Rules Explained''] - A document developed by the Ministry of Attorney General to support the transition to the new Provincial Court Family Rules, last updated January 2022.
	*[https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/active-reviews/family-law-act/family-law-act-questions-and-answers Questions and Answers] – Question and answers on this website provide a concise introductory comparison between the ''FLA'' and ''FRA''. Perhaps the best and most concise comparison between ''FLA'' and ''FRA'' can be found on this website.		*[https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/active-reviews/family-law-act/family-law-act-questions-and-answers Questions and Answers] – Question and answers on this website provide a concise introductory comparison between the ''FLA'' and ''FRA''. Perhaps the best and most concise comparison between ''FLA'' and ''FRA'' can be found on this website.

LSLAP: /* E. Referrals */

2025-11-09T17:52:21Z

E. Referrals

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	=== 1. The Non-Legal Problem ===		=== 1. The Non-Legal Problem ===

	Many clients will have problems that are not strictly legal. If the client has a personal problem, refer the client to an appropriate social service agency in the lower mainland. The [https://uwbc.ca/helpline-services/ United Way British Columbia] is a very useful resource for this purpose. Often, even when a client does have a legal problem, the legal remedy will not resolve all issues for that person. Be aware of this and try to get clients the help they need.		Many clients will have problems that are not strictly legal. If the client has a personal problem, refer the client to an appropriate social service agency in the lower mainland. The [https://uwbc.ca/helpline-services/ United Way British Columbia] is a very useful resource for this purpose. Often, even when a client does have a legal problem, the legal remedy will not resolve all issues for that person. Be aware of this and try to get clients the help they need.

	=== 2. The Legal Problem ===		=== 2. The Legal Problem ===

	Care should be taken in making referrals. Someone has referred this person to you and the client does not want to be shoved further down the line. ''Do not refer'' unless you are sure that the agency handles such problems.		Care should be taken in making referrals. Someone has referred this person to you and the client does not want to be shoved further down the line. Do not refer unless you are sure that the agency handles such problems.


	{{LSLAP Manual Navbox\|type=chapters1-7}}		{{LSLAP Manual Navbox\|type=chapters1-7}}

LSLAP: /* D. Relevant Legislation */

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D. Relevant Legislation

LSLAP: /* D. Relevant Legislation */

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D. Relevant Legislation

LSLAP: /* D. Relevant Legislation */

2025-11-09T17:42:18Z

D. Relevant Legislation

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	:'''Note:''' The ''DA'' does not provide for division of matrimonial assets. A person must seek division of matrimonial assets under the ''Family Law Act'' [''FLA''].		:'''Note:''' The ''DA'' does not provide for division of matrimonial assets. A person must seek division of matrimonial assets under the ''Family Law Act'' [''FLA''].



	An amendment to the DA came into effect on March 1, 2021. These amendments include:		An amendment to the DA came into effect on March 1, 2021. These amendments include:

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	*Bringing definitions into alignment with the ''Family Law Act'' and focusing them on the relationship with the child. For instance, the amendments remove terms such as custody/custody order and add new terms such as parenting time/parenting order		*Bringing definitions into alignment with the ''Family Law Act'' and focusing them on the relationship with the child. For instance, the amendments remove terms such as custody/custody order and add new terms such as parenting time/parenting order
	*New provisions defining family violence and compelling courts to consider family violence in divorce proceedings		*New provisions defining family violence and compelling courts to consider family violence in divorce proceedings


	=== 2. Child, Family and Community Service Act, RSBC 1996, c 46 [CFCSA] ===		=== 2. Child, Family and Community Service Act, RSBC 1996, c 46 [CFCSA] ===
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	This Act provides for official apprehension of children (under 19 in BC) who are believed to need protection or care. A hearing must be held before a judge within seven days. The hearing does not lead to any temporary or permanent parenting time orders, except by consent. Separate hearings are held for temporarily custodial orders and continuing custodial orders.		This Act provides for official apprehension of children (under 19 in BC) who are believed to need protection or care. A hearing must be held before a judge within seven days. The hearing does not lead to any temporary or permanent parenting time orders, except by consent. Separate hearings are held for temporarily custodial orders and continuing custodial orders.


	=== 3. Family Maintenance Enforcement Act, RSBC 1996, c 127 [FMEA] ===		=== 3. Family Maintenance Enforcement Act, RSBC 1996, c 127 [FMEA] ===
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	The ''FRA'' has been replaced by the ''FLA''. The FRA is no longer in force except for actions that began before March 18, 2013, and only in respect to property and pension division.		The ''FRA'' has been replaced by the ''FLA''. The FRA is no longer in force except for actions that began before March 18, 2013, and only in respect to property and pension division.


	=== 5. Family Law Act, SBC 2011, c 25 [FLA] ===		=== 5. Family Law Act, SBC 2011, c 25 [FLA] ===
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	*Expanding the toolbox to enforce family Court orders		*Expanding the toolbox to enforce family Court orders

	Since March 18, 2013, the ''FRA'' no longer applies except in dealing with the division of assets for proceedings which were filed before March 18, 2013. Essentially, this means that child-related issues are determined by the ''FLA'', while property division issues that commenced under the FRA (prior to March 18, 2013) will continue to be governed by the ''FRA'' unless the parties agree to transition their legal matter to be governed under the ''FLA''. Sections 250-255 of the ''FLA'' allow parties to transition legal matters concerning care of and time with children, property division, pension benefits, and restraining orders from the ''FRA'' to the ''FLA''. Property division for cases that were started after March 18, 2013 will be governed by the ''FLA'', including actions commenced by common-law spouses before the ''FLA'' came into force, if the pleadings are amended to include division of property and debt under the ''FLA''.		Since March 18, 2013, the ''FRA'' no longer applies except in dealing with the division of assets for proceedings which were filed before March 18, 2013. Essentially, this means that child-related issues are determined by the ''FLA'', while property division issues that commenced under the ''FRA'' (prior to March 18, 2013) will continue to be governed by the ''FRA'' unless the parties agree to transition their legal matter to be governed under the ''FLA''. Sections 250-255 of the ''FLA'' allow parties to transition legal matters concerning care of and time with children, property division, pension benefits, and restraining orders from the ''FRA'' to the ''FLA''. Property division for cases that were started after March 18, 2013 will be governed by the ''FLA'', including actions commenced by common-law spouses before the ''FLA'' came into force, if the pleadings are amended to include division of property and debt under the ''FLA''.

	=== 6. Family Homes on Reserves and Matrimonial Interests or Rights Act, (SC 2013, c 20) [FHRMIRA] ===		=== 6. Family Homes on Reserves and Matrimonial Interests or Rights Act, (SC 2013, c 20) [FHRMIRA] ===
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	''FHRMIRA'' came into force in 2013 and governs family law cases involving property located on First Nation Reserves. ''FHRMIRA'' also incorporates the local laws of the First Nation where the Reserve is located.		''FHRMIRA'' came into force in 2013 and governs family law cases involving property located on First Nation Reserves. ''FHRMIRA'' also incorporates the local laws of the First Nation where the Reserve is located.

	Matters regarding the division of matrimonial interests or rights in property on Reserve may become complicated as some orders require consultation with the Band Council and with other Band Members, other than the spouses, who have an interest or right in the home. It is important to consult ''FHRMIRA'' as well as the Band’s legislation and investigate all potential interests in the matrimonial home when dealing with these matters.		Matters regarding the division of matrimonial interests or rights in property on Reserve may become complicated as some orders require consultation with the Band Council and with other Band Members, other than the spouses, who have an interest or right in the home. It is important to consult ''FHRMIRA'' as well as the Band’s legislation and investigate all potential interests in the matrimonial home when dealing with these matters.

	=== 7. British Columbia Supreme Court Family Rules, BC Reg. 168/2009 ===		=== 7. British Columbia Supreme Court Family Rules, BC Reg. 168/2009 ===
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	=== 8. British Columbia Provincial Family Court Rules, BC Reg. 417/98 ===		=== 8. British Columbia Provincial Family Court Rules, BC Reg. 417/98 ===

	Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/120_2020		Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/120_2020

	These are the procedural rules that govern family law cases brought in the Provincial Court. New rules took effect May 17, 2021, which altered the procedures for BC Provincial Family Court. Please see Provincial (Family) Court Proceedings (i.e., “The Rules”) under section XV Court Procedures for specific requirements and step-by-step information.		These are the procedural rules that govern family law cases brought in the Provincial Court. New rules took effect May 17, 2021, which altered the procedures for BC Provincial Family Court. Please see Provincial (Family) Court Proceedings (i.e., “The Rules”) under section XV Court Procedures for specific requirements and step-by-step information.
	*Legislation regarding the Provincial Family Court Changes: Court Rules Act BC Reg. 121/2020. Website: https://canlii.ca/t/55fqs

	== E. Referrals ==		== E. Referrals ==

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	=== 1. Divorce Act, RSC 1985, c 3 [DA] ===		=== 1. Divorce Act, RSC 1985, c 3 [DA] ===
			Website: https://laws-lois.justice.gc.ca/eng/acts/d-3.4/

	The ''Divorce Act'' is the federal legislation that has effect on divorce law and the determination of corollary relief (support, parenting time, and access). Support orders under the ''Divorce Act'' have effect throughout Canada. All actions under the ''Divorce Act'' are generally heard in BC Supreme Court. However, if the Attorney General has designated a Provincial Court registry as a Supreme Court Registry under section 4 of the ''Provincial Court Act'', then that Provincial Court may decide interlocutory applications made under the ''Divorce Act''.		The ''Divorce Act'' is the federal legislation that has effect on divorce law and the determination of corollary relief (support, parenting time, and access). Support orders under the ''Divorce Act'' have effect throughout Canada. All actions under the ''Divorce Act'' are generally heard in BC Supreme Court. However, if the Attorney General has designated a Provincial Court registry as a Supreme Court Registry under section 4 of the ''Provincial Court Act'', then that Provincial Court may decide interlocutory applications made under the ''Divorce Act''.
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	:'''Note:''' The ''DA'' does not provide for division of matrimonial assets. A person must seek division of matrimonial assets under the ''Family Law Act'' [''FLA''].		:'''Note:''' The ''DA'' does not provide for division of matrimonial assets. A person must seek division of matrimonial assets under the ''Family Law Act'' [''FLA''].

	An amendment to the DA came into effect on March 1, 2021. These amendments include:		'''An amendment to the ''DA'' came into effect on March 1, 2021. These amendments include:'''
	*Increasing focus on the best interests of the child;		*Increasing focus on the best interests of the child
	*Bringing definitions into alignment with the Family Law Act and focusing them on the relationship with the child. For instance, the amendments remove terms such as custody/custody order and add new terms such as parenting time/parenting order;		*Bringing definitions into alignment with the ''Family Law Act'' and focusing them on the relationship with the child. For instance, the amendments remove terms such as custody/custody order and add new terms such as parenting time/parenting order
	*New provisions defining family violence and compelling courts to consider family violence in divorce proceedings.		*New provisions defining family violence and compelling courts to consider family violence in divorce proceedings


	=== 2. Child, Family and Community Service Act, RSBC 1996, c 46 [CFCSA] ===		=== 2. Child, Family and Community Service Act, RSBC 1996, c 46 [CFCSA] ===
			Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96046_01

			This Act provides for official apprehension of children (under 19 in BC) who are believed to need protection or care. A hearing must be held before a judge within seven days. The hearing does not lead to any temporary or permanent parenting time orders, except by consent. Separate hearings are held for temporarily custodial orders and continuing custodial orders.

	This Act provides for official apprehension of children (under 19 in BC) who are believed to need protection or care. A hearing must be held before a judge within seven days. The hearing does not lead to any temporary or permanent parenting time orders, except by consent. Separate hearings are held for temporary custodial orders and continuing custodial orders.

	=== 3. Family Maintenance Enforcement Act, RSBC 1996, c 127 [FMEA] ===		=== 3. Family Maintenance Enforcement Act, RSBC 1996, c 127 [FMEA] ===
			Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96127_01

	The enforcement of child support and spousal support orders is administered by the Family Maintenance Enforcement Program pursuant to the ''~~FMEA~~''.		The enforcement of child support and spousal support orders is administered by the Family Maintenance Enforcement Program pursuant to the ''Family Maintenance Enforcement Act''.

	=== 4. Family Relations Act, RSBC 1996, c 128 [FRA] ===		=== 4. Family Relations Act, RSBC 1996, c 128 [FRA] ===
			Website: https://www.bclaws.gov.bc.ca/civix/document/id/consol20/consol20/00_96128_01

			The ''FRA'' has been replaced by the ''FLA''. The FRA is no longer in force except for actions that began before March 18, 2013, and only in respect to property and pension division.

	The ''FRA'' has been replaced by the ''FLA'' The ''FLA'' is no longer in force except for actions that began before March 18, 2013, and only in respect of property and pension division. If your case still involves the ''FRA'', please view an older version of the LSLAP manual.

	=== 5. Family Law Act, SBC 2011, c 25 [FLA] ===		=== 5. Family Law Act, SBC 2011, c 25 [FLA] ===
			Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/11025_00

	The ''FLA'' came into force on March 18, 2013, and replaced the ''~~Family Relations Act~~''. The ''FLA'' ~~places~~ the safety and best interests of the child ~~first~~ when families are going through separation and divorce. It also clarifies parental responsibilities and the division of assets if relationships ~~breakdown~~, ~~addresses~~ family violence and ~~encourages~~ families to resolve their disputes out of ~~Court~~.		The ''FLA'' came into force on March 18, 2013, and replaced the ''FRA''. The ''FLA'' prioritizes the safety and best interests of the child when families are going through separation and divorce. It also clarifies parental responsibilities and the division of assets if relationships break down, in addition to addressing family violence and encouraging families to resolve their disputes out of court when possible.

	Some of the main changes in the ''FLA'',when compared to the ''FRA'', include:		Some of the main changes in the ''FLA'', when compared to the ''FRA'', include:
	*Shifting focus to the safety and best interests of the child		*Shifting focus to the safety and best interests of the child
	*Shifting away from custody in favour of guardianship and parenting arrangements		*Shifting away from custody in favour of guardianship and parenting arrangements
	*Clarifying the law on family violence and its impact on family Court decisions		*Clarifying the law on family violence and its impact on family Court decisions
	*Defining the responsibilities of guardians		*Defining the responsibilities of guardians