Learning about Family Law - Revision history

Drew Jackson: /* When children need protection */

2023-03-13T23:37:43Z

When children need protection

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	There are some differences in the process for Indigenous children and families. For example, the child protection worker must take steps to protect the child's Indigenous identity and family ties, and a representative of the child’s Indigenous community will become involved. This process is evolving as the BC government has recognized the rights of Indigenous communities to make laws and provide their own child and family services.		There are some differences in the process for Indigenous children and families. For example, the child protection worker must take steps to protect the child's Indigenous identity and family ties, and a representative of the child’s Indigenous community will become involved. This process is evolving as the BC government has recognized the rights of Indigenous communities to make laws and provide their own child and family services.

	For more on child protection, see the Legal Aid BC booklets on ''Parents’ Rights, Kids’ Rights'' and ''If Your Child Is Taken'', as well as [https://dialalaw.peopleslawschool.ca/ dialalaw.ca]. Legal Aid BC has information for Indigenous Peoples about child and family rights at [https://aboriginal.legalaid.bc.ca/ aboriginal.legalaid.bc.ca].		For more on child protection, see the Legal Aid BC booklets on [https://legalaid.bc.ca/publications/pub/parents-rights-kids-rights ''Parents’ Rights, Kids’ Rights''] and [https://legalaid.bc.ca/publications/pub/if-your-child-taken ''If Your Child Is Taken''], as well as [https://dialalaw.peopleslawschool.ca/child-protection/ dialalaw.ca]. Legal Aid BC has information for Indigenous Peoples about child and family rights at [https://aboriginal.legalaid.bc.ca/ aboriginal.legalaid.bc.ca].

	==Resolving family law issues==		==Resolving family law issues==

Drew Jackson: /* Resolving issues out of court */

2023-03-13T23:35:13Z

Resolving issues out of court

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	{{PLSStorybox		{{PLSStorybox
	\| image = [[File:Headshot_-_Learning_about_the_Law_-_Danny_-_2023.png\|link=]]		\| image = [[File:Headshot_-_Learning_about_the_Law_-_Danny_-_2023.png\|link=]]
	\| text = “My spouse and I made a separation agreement. We clashed on a lot of things, so we decided to get help. We contacted a mediator to work out parenting arrangements, support, and property division. I’m glad we did this without having to go to court. We saved money, and we both understand what our rights and obligations are.” <br>- Danny, Squamish, BC		\| text = “My spouse and I made a separation agreement. We clashed on a lot of things, so we decided to get help. We contacted a mediator to work out parenting arrangements, support, and property division. I’m glad we did this without having to go to court. We saved money, and we both understand what our rights and obligations are.” <br>– Danny, Squamish, BC
	}}		}}

Drew Jackson: /* Child support */

2023-03-13T23:35:02Z

Child support

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	\| image = [[File:Headshot_-_Learning_about_the_Law_-_Nadia_-_2023.png\|link=]]		\| image = [[File:Headshot_-_Learning_about_the_Law_-_Nadia_-_2023.png\|link=]]
	\| text = “When we separated, my husband agreed the kids should live with me. But we couldn’t agree on money for the kids. So we went to a family justice counsellor. They told us child support is a child’s right and that my husband has to pay money to support the children, based on his income. The counsellor helped us make an agreement.” <br>- Nadia, Vancouver, BC		\| text = “When we separated, my husband agreed the kids should live with me. But we couldn’t agree on money for the kids. So we went to a family justice counsellor. They told us child support is a child’s right and that my husband has to pay money to support the children, based on his income. The counsellor helped us make an agreement.” <br>– Nadia, Vancouver, BC
	}}		}}

Drew Jackson: /* Divorce */

2023-03-13T23:34:51Z

Divorce

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	{{PLSStorybox		{{PLSStorybox
	\| image = [[File:Headshot_-_Learning_about_the_Law_-_Neil_-_2023.png\|link=]]		\| image = [[File:Headshot_-_Learning_about_the_Law_-_Neil_-_2023.png\|link=]]
	\| text = “Marianne and I separated a few months ago. I thought we needed to do something to get a legal separation, like sign some papers or go to court. But a lawyer told me we don’t have to do anything. As long as one of us wants to end the relationship, tells the other, and acts like our relationship is over, we are separated. Once we’ve been separated for at least a year, one or both of us can apply to court for a divorce. In the meantime, we can make a family law agreement to settle our issues.” <br>- Neil, Salt Spring Island, BC		\| text = “Marianne and I separated a few months ago. I thought we needed to do something to get a legal separation, like sign some papers or go to court. But a lawyer told me we don’t have to do anything. As long as one of us wants to end the relationship, tells the other, and acts like our relationship is over, we are separated. Once we’ve been separated for at least a year, one or both of us can apply to court for a divorce. In the meantime, we can make a family law agreement to settle our issues.” <br>– Neil, Salt Spring Island, BC
	}}		}}

Drew Jackson: /* Going to court */

2023-03-13T22:55:39Z

Going to court

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	If issues remain unresolved, there will be a '''trial''' in court. A judge listens to the evidence presented and makes decisions about the issues. The judge puts the decisions into a final order. Both spouses must do what the court order says.		If issues remain unresolved, there will be a '''trial''' in court. A judge listens to the evidence presented and makes decisions about the issues. The judge puts the decisions into a final order. Both spouses must do what the court order says.

	To learn more about BC’s legal system, visit Legal Aid BC’s website at [https://family.legalaid.bc.ca/ family.legalaid.bc.ca].		To learn more about BC’s legal system, visit Legal Aid BC’s website at [https://family.legalaid.bc.ca/bc-legal-system family.legalaid.bc.ca].

	{{Learning about the Law Wikibook Navbox}}		{{Learning about the Law Wikibook Navbox}}

Drew Jackson: /* Family violence */

2023-03-13T20:58:14Z

Family violence

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	If the family member does not follow the protection order, the police can help. They can arrest and charge the family member with a criminal offence.		If the family member does not follow the protection order, the police can help. They can arrest and charge the family member with a criminal offence.

	For more information, including key supports for those experiencing family violence, see [https://dialalaw.peopleslawschool.ca/ dialalaw.ca]. As well, Legal Aid BC offers a factsheet series, ''Live Safe, End Abuse''.		For more information, including key supports for those experiencing family violence, see [https://dialalaw.peopleslawschool.ca/family-violence/ dialalaw.ca]. As well, Legal Aid BC offers a factsheet series, [https://family.legalaid.bc.ca/publications/live-safe-end-abuse ''Live Safe, End Abuse''].

	===When children need protection===		===When children need protection===

Drew Jackson: /* Moving after separation */

2023-03-13T20:57:22Z

Moving after separation

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	The law sets out a process that must be followed. A spouse with a parenting order or agreement who wants to move generally must give written notice to the other guardian of the child, and to other people who have contact with the child. A guardian who doesn’t want the move to happen can object by making an application to court. In deciding whether or not to allow a move, a judge will look at the child’s best interests.		The law sets out a process that must be followed. A spouse with a parenting order or agreement who wants to move generally must give written notice to the other guardian of the child, and to other people who have contact with the child. A guardian who doesn’t want the move to happen can object by making an application to court. In deciding whether or not to allow a move, a judge will look at the child’s best interests.
	Legal Aid BC has more on the process of relocation at [https://family.legalaid.bc.ca/ family.legalaid.bc.ca].		Legal Aid BC has more on the process of relocation at [https://family.legalaid.bc.ca/children/parenting-guardianship/moving-and-travelling-your-children/can-you-move-or-without-your family.legalaid.bc.ca].

	==Abuse and staying safe==		==Abuse and staying safe==

Drew Jackson: /* Divorce */

2023-03-13T20:56:26Z

Divorce

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	Some cultures have their own divorce ceremony. But a couple is not legally divorced in Canada unless they have a '''court order''' for divorce from Canada or another country.		Some cultures have their own divorce ceremony. But a couple is not legally divorced in Canada unless they have a '''court order''' for divorce from Canada or another country.

	For more on the requirements to get a divorce and the process involved, visit [[https://dialalaw.peopleslawschool.ca/requirements-for-divorce-and-annulment/ dialalaw.ca].		For more on the requirements to get a divorce and the process involved, visit [https://dialalaw.peopleslawschool.ca/requirements-for-divorce-and-annulment/ dialalaw.ca].

	===Decisions about children===		===Decisions about children===

Drew Jackson: /* Divorce */

2023-03-13T20:56:11Z

Divorce

← Older revision		Revision as of 20:56, 13 March 2023
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	Some cultures have their own divorce ceremony. But a couple is not legally divorced in Canada unless they have a '''court order''' for divorce from Canada or another country.		Some cultures have their own divorce ceremony. But a couple is not legally divorced in Canada unless they have a '''court order''' for divorce from Canada or another country.

	For more on the requirements to get a divorce and the process involved, visit [https://dialalaw.peopleslawschool.ca/ dialalaw.ca].		For more on the requirements to get a divorce and the process involved, visit [[https://dialalaw.peopleslawschool.ca/requirements-for-divorce-and-annulment/ dialalaw.ca].

	===Decisions about children===		===Decisions about children===

Drew Jackson: /* Sponsorship breakdown */

2023-03-13T20:55:38Z

Sponsorship breakdown

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	A spouse may be '''sponsored''' to come live in Canada as a permanent resident. If they separate from their sponsor, they may worry whether they can stay in Canada. They can. Their sponsor can’t make them leave the country. And the sponsor doesn’t have the right to keep the couple’s children or property.		A spouse may be '''sponsored''' to come live in Canada as a permanent resident. If they separate from their sponsor, they may worry whether they can stay in Canada. They can. Their sponsor can’t make them leave the country. And the sponsor doesn’t have the right to keep the couple’s children or property.

	In their booklet ''Sponsorship Breakdown'', Legal Aid BC explains what happens when an immigration sponsorship breaks down.		In their booklet [https://legalaid.bc.ca/publications/pub/sponsorship-breakdown ''Sponsorship Breakdown''], Legal Aid BC explains what happens when an immigration sponsorship breaks down.

	===Divorce===		===Divorce===