Introduction to Family Law in British Columbia - Revision history

Iwojtowicz: Reverted edit by Iwojtowicz (talk) to last revision by Nate Russell

2025-04-08T20:59:25Z

Reverted edit by Iwojtowicz (talk) to last revision by Nate Russell

← Older revision		Revision as of 20:59, 8 April 2025
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	==Introduction==		==Introduction==

	When people in a romantic relationship break up, they may have to decide how a child will be cared for, how property should be divided, and whether someone needs extra money to help pay the bills. Family law, sometimes called ''divorce law'' or the ''law on domestic relations'', is the area of the law that deals with problems like these. It is the area of law that talks about how family relationships with legal consequences are formed and what happens when they break up.		When people in a romantic relationship break up, they may have to decide how a child <span class="noglossary">will</span> be cared for, how property should be divided, and whether someone needs extra money to help pay the bills. Family law, sometimes called ''divorce law'' or the ''law on domestic relations'', is the area of the law that deals with problems like these. It is the area of law that talks about how family relationships with legal consequences are formed and what happens when they break up.

	To understand how family law works in British Columbia, you need to have a basic understanding of the legal system, the law about family law problems, and how the courts apply the law when you can't agree about something. You don't always have go to court when there's a problem. Negotiation, mediation and arbitration are other ways that people can solve their problems without going to see a judge.		To understand how family law works in British Columbia, you need to have a basic understanding of the legal system, the law about family law problems, and how the courts apply the law when you can't agree about something. You don't always have go to court when there's a problem. Negotiation, mediation and arbitration are other ways that people can solve their problems without going to see a judge.

Iwojtowicz at 20:59, 8 April 2025

2025-04-08T20:59:07Z

← Older revision		Revision as of 20:59, 8 April 2025
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	==Introduction==		==Introduction==

	When people in a romantic relationship break up, they may have to decide how a child ~~<span class="noglossary">~~will~~</span>~~ be cared for, how property should be divided, and whether someone needs extra money to help pay the bills. Family law, sometimes called ''divorce law'' or the ''law on domestic relations'', is the area of the law that deals with problems like these. It is the area of law that talks about how family relationships with legal consequences are formed and what happens when they break up.		When people in a romantic relationship break up, they may have to decide how a child will be cared for, how property should be divided, and whether someone needs extra money to help pay the bills. Family law, sometimes called ''divorce law'' or the ''law on domestic relations'', is the area of the law that deals with problems like these. It is the area of law that talks about how family relationships with legal consequences are formed and what happens when they break up.

	To understand how family law works in British Columbia, you need to have a basic understanding of the legal system, the law about family law problems, and how the courts apply the law when you can't agree about something. You don't always have go to court when there's a problem. Negotiation, mediation and arbitration are other ways that people can solve their problems without going to see a judge.		To understand how family law works in British Columbia, you need to have a basic understanding of the legal system, the law about family law problems, and how the courts apply the law when you can't agree about something. You don't always have go to court when there's a problem. Negotiation, mediation and arbitration are other ways that people can solve their problems without going to see a judge.

Nate Russell: Clicklaw directory link edit

2024-08-02T22:13:22Z

Clicklaw directory link edit

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

	*[https://~~www~~.~~clicklaw.bc.ca/resource~~/~~4762~~ "Family Law Basics" ~~video~~] from JP Boyd		*[https://bit.ly/3LP3xi0 "Family Law Basics!" videos] from JP Boyd

	{{REVIEWED \| reviewer = [[JP Boyd]], 23 November 2023}}		{{REVIEWED \| reviewer = [[JP Boyd]], 23 November 2023}}

Nate Russell at 20:31, 12 January 2024

2024-01-12T20:31:08Z

← Older revision		Revision as of 20:31, 12 January 2024
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	{{LSSbadge		{{LSSbadge
	\|resourcetype = more fact sheets, publications, and videos on		\|resourcetype = more fact sheets, publications, and videos on
	\|link = [~~http~~://~~www~~.~~familylaw.lss~~.bc.ca/~~legal_issues/legalSystemBasics.php~~ Legal System Basics]		\|link = [https://family.legalaid.bc.ca/bc-legal-system Legal System Basics]
	}}This section offers a short introduction to family law in British Columbia and the ways that family law problems are resolved. It's written in easy-to-understand language and is meant for people who have never had to deal with the legal system before and for people who are new to Canada.		}}This section offers a short introduction to family law in British Columbia and the ways that family law problems are resolved. It's written in easy-to-understand language and is meant for people who have never had to deal with the legal system before and for people who are new to Canada.

Nate Russell: From staging 2024

2024-01-11T22:00:10Z

From staging 2024

← Older revision		Revision as of 22:00, 11 January 2024
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	*parental responsibilities, parenting time, and contact under the ''Family Law Act'',		*parental responsibilities, parenting time, and contact under the ''Family Law Act'',
	*child support under the ''Family Law Act'',		*child support under the ''Family Law Act'',
	*spousal support under the ''Family Law Act'', and		*spousal support under the ''Family Law Act'',
			*orders respecting companion animals, and
	*orders protecting people.		*orders protecting people.

	The Supreme Court, on the other hand, can deal with all family law problems. As well as issues about , child support, and spousal support under the ''[[Family Law Act]]'', this court can also deal with:		The Supreme Court, on the other hand, can deal with all family law problems. As well as issues about parenting, child support, and spousal support under the ''[[Family Law Act]]'', this court can also deal with:

	*divorce,		*divorce,
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	*spousal support under the ''Divorce Act'',		*spousal support under the ''Divorce Act'',
	*dividing family property and family debt,		*dividing family property and family debt,
			*orders respecting companion animals,
	*caring for children's property,		*caring for children's property,
	*orders protecting people, and		*orders protecting people, and
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	This chart shows which trial court can deal with which family law problem:		This chart shows which trial court can deal with which family law problem:

	::{\| width="65%" class="wikitable"		::{\| width="80%" class="wikitable"
	!style="width: 25%"\|		!style="width: 30%"\|
	!style="width: 20%" align="center"\|Supreme Court		!style="width: 25%" align="center"\|Supreme Court
	!style="width: 20%" align="center"\|Provincial Court		!style="width: 25%" align="center"\|Provincial Court
	\|-		\|-
	\|align="center"\|'''Divorce'''\|\|align="center"\|Yes\|\|		\|align="center"\|'''Divorce'''\|\|align="center"\|Yes\|\|
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	\|align="center"\|'''Spousal support'''\|\|align="center"\|Yes\|\|align="center"\|Yes		\|align="center"\|'''Spousal support'''\|\|align="center"\|Yes\|\|align="center"\|Yes
	\|-		\|-
	\|align="center"\|'''Family property and<br/>family debt'''\|\|align="center"\|Yes\|\|		\|align="center"\|'''Family property and<br/>family debt'''\|\|align="center"\|Yes\|\|align="center"\|Pets only
	\|-		\|-
	\|align="center"\|'''Orders protecting people'''\|\|align="center"\|Yes\|\|align="center"\|Yes		\|align="center"\|'''Orders protecting people'''\|\|align="center"\|Yes\|\|align="center"\|Yes
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	\|}		\|}

	To get to court, you must start a court proceeding and tell the court what you want. In the Provincial Court, proceedings are started with a court form called an Application ~~to Obtain an Order~~. In the Supreme Court, the court form is called a Notice of Family Claim. These forms ask you to state the basic facts of the case and the sort of orders you think the court should make. The orders you want the court to make are called ''claims''. (In the Provincial Court, a person who starts a court proceeding is called the ''applicant''; in the Supreme Court, this person is the ''claimant''.)		To get to court, you must start a court proceeding and tell the court what you want. In the Provincial Court, proceedings are normally started with a court form called an Application About a Family Law Matter. In the Supreme Court, the court form is called a Notice of Family Claim. These forms ask you to state the basic facts of the case and the sort of orders you think the court should make. The orders you want the court to make are called ''claims''. (In the Provincial Court, a person who starts a court proceeding is called the ''applicant''; in the Supreme Court, this person is the ''claimant''.)

	Once a court proceeding has started, the people against whom the proceeding has been brought can reply to the claims being made and make new claims of their own. In the Provincial Court, this court form is called a Reply, and the form includes parts for both replying to the claims being made and ~~making~~ new claims. In the Supreme Court, two court forms can be used: a Response to Family Claim, used to reply to the claims being made, and a Counterclaim, ~~use~~ to make new claims. (In the Provincial Court and in the Supreme Court, a person answering a court proceeding is called the ''respondent''.)		Once a court proceeding has started, the people against whom the proceeding has been brought can reply to the claims being made and make new claims of their own. In the Provincial Court, this court form is called a Reply to an Application About a Family Law Matter, and the form includes parts for both replying to the claims being made and a part for ''counter applications'' to make new claims. In the Supreme Court, two court forms can be used: a Response to Family Claim, used to reply to the claims being made, and a Counterclaim, used to make new claims. (In the Provincial Court and in the Supreme Court, a person answering a court proceeding is called the ''respondent''.)

	Applicants and respondents (in the Provincial Court), and claimants and respondents (in the Supreme Court), are called the ''parties'' to a court proceeding.		Applicants and respondents (in the Provincial Court), and claimants and respondents (in the Supreme Court), are called the ''parties'' to a court proceeding.
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	*[[Understanding the Legal System for Family Law Matters]], in particular the section on [[The Court System for Family Matters]]		*[[Understanding the Legal System for Family Law Matters]], in particular the section on [[The Court System for Family Matters]]
	* [[Resolving Family Law Problems in Court]]~~, in particular the sections~~ on [[~~Starting~~ a Court ~~Proceeding in a Family Matter~~]], [[~~Responding~~ to a Court ~~Proceeding in~~ a Family ~~Matter~~]]~~, and~~ [[~~Interim Applications~~ in ~~Family Matters~~]]		* [[Resolving Family Law Problems in Court]]

			Helpful Guides & Common Questions on:
			*[[How Do I Start a Family Law Action in the Supreme Court?]]
			*[[How Do I Respond to a Family Law Action in the Supreme Court?]]
			*[[How Do I Start a Family Law Action in the Provincial Court?]]
			*[[How Do I Respond to a Family Law Action in the Provincial Court?]]

	==The basic law==		==The basic law==
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	This chart shows which legislation deals with which issue:		This chart shows which legislation deals with which issue:

	::{\| width="65%" class="wikitable"		::{\| width="80%" class="wikitable"
	!style="width: 25%"\|		!style="width: 30%"\|
	!style="width: 20%" align="center"\|Provincial ''Family Law Act''		!style="width: 25%" align="center"\|Provincial ''Family Law Act''
	!style="width: 20%" align="center"\|Federal ''Divorce Act''		!style="width: 25%" align="center"\|Federal ''Divorce Act''
	\|-		\|-
	\|align="center"\|'''Divorce'''\|\| \|\|align="center"\|Yes		\|align="center"\|'''Divorce'''\|\| \|\|align="center"\|Yes
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	*where the children <span class="noglossary">will</span> live, including whether they will live mostly with one parent or split their time between their parents more evenly,		*where the children <span class="noglossary">will</span> live, including whether they will live mostly with one parent or split their time between their parents more evenly,
	*how the parents <span class="noglossary">will</span> make decisions about important things in the children's lives, like where they <span class="noglossary">will</span> go to school or how they <span class="noglossary">will</span> be treated if they get sick~~, and~~		*how much time each parent <span class="noglossary">will</span> have with the children, and
	*how much time each parent <span class="noglossary">will</span> have with the children.		*how the parents <span class="noglossary">will</span> make decisions about important things in the children's lives, like where they <span class="noglossary">will</span> go to school or how they <span class="noglossary">will</span> be treated if they get sick.

	The ''[[Divorce Act]]'' talks about these issues in terms of ''~~decision-making responsibilities~~'', ''~~parenting time~~'' and ''~~contact~~''. Parenting time is the time the child spends with each parent. Contact is the time someone other than a parent, like a grandparent or another relative, has with a child. Decision-making responsibility is how the parents share the responsibility of making decisions on behalf of their child; these responsibilities can be shared by both parents or divided between parents such that one parent has responsibility for decisions about one part of their child's life, like education, while the other parent has responsibility for another issue, like health care.		The ''[[Divorce Act]]'' talks about these issues in terms of ''parenting time'', ''contact'', and ''decision-making responsibilities''. Parenting time is the time the child spends with each parent. Contact is the time someone other than a parent, like a grandparent or another relative, has with a child. Decision-making responsibility is how the parents share the responsibility of making decisions on behalf of their child; these responsibilities can be shared by both parents or divided between parents such that one parent has responsibility for decisions about one part of their child's life, like education, while the other parent has responsibility for another issue, like health care.

	The ''[[Family Law Act]]'' talks about these issues in very similar ways. It talks about ~~''guardianship'' and ''parental responsibilities'' (which is pretty much the same thing as decision-making responsibilities),~~ ''parenting time'' (which is very close to the same thing the ''Divorce Act'' means by parenting time), ~~and~~ ''contact'' (which is exactly what the ''Divorce Act'' means by contact). People who are guardians, usually parents, have parental responsibilities and parenting time. Someone who isn't a guardian, which might include a parent who isn't a guardian, may have contact with a child.		The ''[[Family Law Act]]'' talks about these issues in very similar ways. It talks about ''parenting time'' (which is very close to the same thing the ''Divorce Act'' means by parenting time), ''contact'' (which is exactly what the ''Divorce Act'' means by contact), and ''guardianship'' along with ''parental responsibilities'' (which is pretty much the same thing as decision-making responsibilities). People who are guardians, usually parents, have parental responsibilities and parenting time. Someone who isn't a guardian, which might include a parent who isn't a guardian, may have contact with a child.

	'''Further reading''' <br />		'''Further reading''' <br />
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	In Canada, you must have a court order to divorce and legally end a marriage. Religious divorces are not recognized in Canada as divorces that legally end a marriage. It is also important to know that the decisions of religious tribunals about how a separated couple <span class="noglossary">will</span> share their property or parent their children may not be recognized in British Columbia. You should, however, speak to a family law lawyer to find out whether you must follow the decision of a religious tribunal.		In Canada, you must have a court order to divorce and legally end a marriage. Religious divorces are not recognized in Canada as divorces that legally end a marriage. It is also important to know that the decisions of religious tribunals about how a separated couple <span class="noglossary">will</span> share their property or parent their children may not be recognized in British Columbia. You should, however, speak to a family law lawyer to find out whether you must follow the decision of a religious tribunal.

	~~'''Further reading''' <br />~~
	~~Chapter on:~~

	*Information for newcomers to Canada in the section on [[Newcomers to Canada and Family Law]]

	==Resources and links==		==Resources and links==
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	*[https://www.clicklaw.bc.ca/resource/4762 "Family Law Basics" video] from JP Boyd		*[https://www.clicklaw.bc.ca/resource/4762 "Family Law Basics" video] from JP Boyd

	{{REVIEWED \| reviewer = [[JP Boyd]], ~~14 February 2020~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], 23 November 2023}}

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

Nate Russell: adding back in interchapter links

2022-08-10T19:25:10Z

adding back in interchapter links

@@ Line 36: / Line 36: @@
 Lawyers who mediate family law problems are called ''family law mediators'', and have training in mediation in addition to their training as lawyers. In the same way, lawyers who arbitrate family law problems are called ''family law arbitrators'', and have additional training in arbitration. Because there are no rules about who can and who can't call themselves a mediator or an arbitrator, you should look carefully at the mediator's or arbitrator's credentials before you agree to use that person as your mediator or arbitrator.
 ==Common family law problems==
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 Family law doesn't have much to do with unmarried couples unless they have had a child together.
 ==Resolving family law problems==
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 Orders, awards, and separation agreements resolve the family law problems that you have now. However, agreements can also be used to address family law problems that you might have in the future. Agreements like these are usually called ''marriage agreements'' (also known as ''prenuptial agreements'' or ''prenups'') or ''cohabitation agreements'' (also known as ''living-together agreements'').
 ===Family law agreements===
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 No matter what kind of family law agreement you have signed, each of the people involved in the agreement expect that the others <span class="noglossary">will</span> follow the agreement, and that the court <span class="noglossary">will</span> enforce the agreement if someone doesn't follow it. The court <span class="noglossary">will</span> generally respect an agreement that people signed willingly, as long as the agreement was fair and no one misled anyone else about something important, like money or property.
 ===The courts of British Columbia===
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 Over time, the terms of an order may need to be changed. If there has been an important change in your circumstances or in the circumstances of the children since an order was made, you can go back to court and ask that the order be changed to better <span class="noglossary">suit</span> the new circumstances. This is called applying to ''vary'' an order.
 ==The basic law==
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 The Child Support Guidelines set out the rules about how much child support should be paid, according to both the income of the person paying child support and the number of children child support is being paid for. For most people, the amount that should be paid is set out in a table at the end of the Guidelines. The Guidelines also set out the rules about when child support can be paid in an amount different than what the tables say should be paid.
 ===Parenting children===
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 The ''[[Family Law Act]]'' talks about these issues in very similar ways. It talks about ''guardianship'' and ''parental responsibilities'' (which is pretty much the same thing as decision-making responsibilities), ''parenting time'' (which is very close to the same thing the ''Divorce Act'' means by parenting time), and ''contact'' (which is exactly what the ''Divorce Act'' means by contact). People who are guardians, usually parents, have parental responsibilities and parenting time. Someone who isn't a guardian, which might include a parent who isn't a guardian, may have contact with a child.
 ===Child support===
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 The basic amount of child support is intended to cover most of the children's expenses. Some expenses, called ''special or extraordinary expenses'', are not covered in this basic amount. Typically, special or extraordinary expenses are expenses like daycare and orthodontics &mdash; the big, important expenses that most but not all children have. Where the children have special or extraordinary expenses, their parents usually contribute to the cost of those expenses in proportion to their incomes. For example, if one parent earns $30,000 per year and the other earns $20,000, for a total family income of $50,000, then $30,000 represents 60% of the total and so that parent pays 60% of an extraordinary expense while the other would have to pay 40%.
 ===Spousal support===
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 To get a divorce order, you have to start a court proceeding. You don't have to ask the court for anything else except a divorce, if a divorce is all you need. When a married couple agrees to get a divorce, they can get a divorce using the do-it-yourself desk order process, and they won't have to go in front of a judge, ever.
 ==Information for people who are new to Canada==
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 In Canada, you must have a court order to divorce and legally end a marriage. Religious divorces are not recognized in Canada as divorces that legally end a marriage. It is also important to know that the decisions of religious tribunals about how a separated couple <span class="noglossary">will</span> share their property or parent their children may not be recognized in British Columbia. You should, however, speak to a family law lawyer to find out whether you must follow the decision of a religious tribunal.
 ==Resources and links==

Nate Russell: From staging May 2022

2022-05-18T20:31:17Z

From staging May 2022

Show changes

Nate Russell: Nate Russell moved page Family Law in British Columbia to Introduction to Family Law in British Columbia

2022-05-18T20:09:20Z

Nate Russell moved page Family Law in British Columbia to Introduction to Family Law in British Columbia

← Older revision	Revision as of 20:09, 18 May 2022
(No difference)

Nate Russell at 17:25, 18 October 2021

2021-10-18T17:25:25Z

← Older revision		Revision as of 17:25, 18 October 2021
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	<span style="color:#D2691E">'''Important changes'''</span> <br />		<span style="color:#D2691E">'''Important changes'''</span> <br />
	The rules used by the Provincial Court ~~are changing~~. As well, special processes are now being used by the Provincial Court in Victoria and Surrey. If you have a family law case in the Victoria and Surrey courthouses, speak to the court staff about how your case is affected.		The rules used by the Provincial Court changed in May 2021. Read [[Recent Changes to Family Law in British Columbia]]. As well, special processes are now being used by the Provincial Court in Victoria and Surrey. If you have a family law case in the Victoria and Surrey courthouses, speak to the court staff about how your case is affected.

	==The basic law==		==The basic law==

Jpboyd: /* Information for people who are new to Canada */

2021-03-06T19:07:03Z

Information for people who are new to Canada

← Older revision		Revision as of 19:07, 6 March 2021
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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}}