Recent Changes to Family Law in British Columbia - Revision history

Nate Russell: /* Links */

2023-02-06T19:48:30Z

Links

← Older revision		Revision as of 19:48, 6 February 2023
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	*[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Early Resolution Process page]		*[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Early Resolution Process page]
	*[https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 What you need to know about the Provincial Court Family Rules?]		*[https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 What you need to know about the Provincial Court Family Rules?]
	*[https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcrf-explained.pdf Provincial Court Family Rules Explained]
	* Legal Aid BC's [https://www.clicklaw.bc.ca/resource/4640 Family Law in BC website]		* Legal Aid BC's [https://www.clicklaw.bc.ca/resource/4640 Family Law in BC website]

Nate Russell at 19:47, 6 February 2023

2023-02-06T19:47:28Z

← Older revision		Revision as of 19:47, 6 February 2023
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	{{REVIEWED \| reviewer = [[Nate Russell]], ~~October 14~~, ~~2021~~}}		{{REVIEWED \| reviewer = [[Nate Russell]], February 6, 2023}}

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

Nate Russell at 19:46, 6 February 2023

2023-02-06T19:46:42Z

← Older revision		Revision as of 19:46, 6 February 2023
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	*new tools to help judges to manage court processes.		*new tools to help judges to manage court processes.

	In 2019, the Provincial Court established a pilot project in the Victoria courthouse aimed at the early resolution of family law disputes. A whole new set of court rules were developed, and in May 2021, the new Provincial Court Family Rules came into effect. As a result, we ~~are working on updating~~ all references and discussions related to family matters in the Provincial Court. ~~In the meantime, portions~~ of [[JP Boyd on Family Law]] that talk about Provincial Court processes, rules, and forms should be ~~considered out-of-date~~.		In 2019, the Provincial Court established a pilot project in the Victoria courthouse aimed at the early resolution of family law disputes. A whole new set of court rules were developed, and in May 2021, the new Provincial Court Family Rules came into effect. As a result, we began to update all references and discussions related to family matters in the Provincial Court. Portions of [[JP Boyd on Family Law]] that talk about Provincial Court processes, rules, and forms should be read with care and reference to other sources such as Legal Aid BC's Family Law in BC [https://www.clicklaw.bc.ca/resource/4640 website] for information about Provincial (Family) Court.

	In 2020, the ''Family Law Act'' was changed to cover the arbitration of family law disputes, in terms very different from those of the old ''Arbitration Act'', and the Victoria pilot project was expanded to include the Surrey courthouse. Of course, 2020 was also the year that the spread of COVID-19 resulted in huge changes to day-to-day court processes.		In 2020, the ''Family Law Act'' was changed to cover the arbitration of family law disputes, in terms very different from those of the old ''Arbitration Act'', and the Victoria pilot project was expanded to include the Surrey courthouse. Of course, 2020 was also the year that the spread of COVID-19 resulted in huge changes to day-to-day court processes.
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	==New Rules, Forms and Processes for the BC Provincial Court==		==New Rules, Forms and Processes for the BC Provincial Court==

	In May 2021, the Provincial Court adopted a new set of Provincial Court Family Rules while also expanding its use of Early Resolution Registries. These were big changes which resulted in much of the discussion and references to Provincial Court rules, forms, and procedures in [[JP Boyd on Family Law]] (which were reviewed in 2019) to be out-of-date. While ~~the~~ major changes have now been addressed in ~~the~~ resource, readers should still make sure that they consult other sources as ~~well~~.		In May 2021, the Provincial Court adopted a new set of Provincial Court Family Rules while also expanding its use of Early Resolution Registries. These were big changes which resulted in much of the discussion and references to Provincial Court rules, forms, and procedures in [[JP Boyd on Family Law]] (which were reviewed in 2019) to be out-of-date. While major changes have now been addressed in this resource, readers should still make sure that they consult other sources such as Legal Aid BC's Family Law in BC [https://www.clicklaw.bc.ca/resource/4640 website] for information about Provincial (Family) Court.

	Details about how the new rules and the early resolution process work is available from the provincial government on its website. You can read an overview about the Early Resolution Process published by the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution BC Government], and read a summary about how [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 the new Provincial Court Family Rules have changed.]		Details about how the new rules and the early resolution process work is available from the provincial government on its website. You can read an overview about the Early Resolution Process published by the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution BC Government], and read a summary about how [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 the new Provincial Court Family Rules have changed.]
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	*[https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 What you need to know about the Provincial Court Family Rules?]		*[https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 What you need to know about the Provincial Court Family Rules?]
	*[https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcrf-explained.pdf Provincial Court Family Rules Explained]		*[https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcrf-explained.pdf Provincial Court Family Rules Explained]
			* Legal Aid BC's [https://www.clicklaw.bc.ca/resource/4640 Family Law in BC website]

Nate Russell: Acknowledging work done to update JPBOFL re Provincial Court changes since 2022

2023-02-06T19:34:26Z

Acknowledging work done to update JPBOFL re Provincial Court changes since 2022

← Older revision		Revision as of 19:34, 6 February 2023
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	==New Rules, Forms and Processes for the BC Provincial Court==		==New Rules, Forms and Processes for the BC Provincial Court==

	In May 2021, the Provincial Court adopted a new set of Provincial Court Family Rules while also expanding its use of Early Resolution Registries. These ~~are~~ big changes which ~~means that~~ much of the discussion and references to Provincial Court rules, forms, and procedures in [[JP Boyd on Family Law]] (which were reviewed in 2019) ~~are~~ out-of-date ~~and~~ should ~~be treated with caution~~.		In May 2021, the Provincial Court adopted a new set of Provincial Court Family Rules while also expanding its use of Early Resolution Registries. These were big changes which resulted in much of the discussion and references to Provincial Court rules, forms, and procedures in [[JP Boyd on Family Law]] (which were reviewed in 2019) to be out-of-date. While the major changes have now been addressed in the resource, readers should still make sure that they consult other sources as well.

	Details about how the new rules and the early resolution process work is available from the provincial government on its website. You can read an overview about the Early Resolution ~~Model~~ published by the [https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4844~~ BC Government], and read a summary about how [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 the new Provincial Court Family Rules have changed.]		Details about how the new rules and the early resolution process work is available from the provincial government on its website. You can read an overview about the Early Resolution Process published by the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution BC Government], and read a summary about how [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 the new Provincial Court Family Rules have changed.]

	==Arbitration under the ''Family Law Act''==		==Arbitration under the ''Family Law Act''==

Nate Russell: /* New Rules, Forms and Processes for the BC Provincial Court */

2022-07-28T21:01:01Z

New Rules, Forms and Processes for the BC Provincial Court

← Older revision		Revision as of 21:01, 28 July 2022
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	In May 2021, the Provincial Court adopted a new set of Provincial Court Family Rules while also expanding its use of Early Resolution Registries. These are big changes which means that much of the discussion and references to Provincial Court rules, forms, and procedures in [[JP Boyd on Family Law]] (which were reviewed in 2019) are out-of-date and should be treated with caution.		In May 2021, the Provincial Court adopted a new set of Provincial Court Family Rules while also expanding its use of Early Resolution Registries. These are big changes which means that much of the discussion and references to Provincial Court rules, forms, and procedures in [[JP Boyd on Family Law]] (which were reviewed in 2019) are out-of-date and should be treated with caution.

	Details about how the new rules and the early resolution process work is available from the provincial government on its website. You can read an overview about the [https://~~www2~~.~~gov~~.bc.ca/~~gov/content/life-events/divorce/family-justice/your-options~~/~~early-resolution early resolution process~~] and read a summary about how [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 the new Provincial Court Family Rules have changed.] ~~For a more detailed rule-by-rule explanation of the Provincial Court Family Rules, [https://www.clicklaw.bc.ca/question/commonquestion/1193 Clicklaw has posted a resource under Common Questions].~~		Details about how the new rules and the early resolution process work is available from the provincial government on its website. You can read an overview about the Early Resolution Model published by the [https://www.clicklaw.bc.ca/resource/4844 BC Government], and read a summary about how [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 the new Provincial Court Family Rules have changed.]

	==Arbitration under the ''Family Law Act''==		==Arbitration under the ''Family Law Act''==

Nate Russell: /* New Rules, Forms and Processes for the BC Provincial Court */

2022-02-05T01:04:25Z

New Rules, Forms and Processes for the BC Provincial Court

← Older revision		Revision as of 01:04, 5 February 2022
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	==New Rules, Forms and Processes for the BC Provincial Court==		==New Rules, Forms and Processes for the BC Provincial Court==

	In May ~~2020~~, the Provincial Court adopted a new set of Provincial Court Family Rules while also expanding its use of Early Resolution Registries. These are big changes which means that much of the discussion and references to Provincial Court rules, forms, and procedures in [[JP Boyd on Family Law]] (which were reviewed in 2019) are out-of-date and should be treated with caution.		In May 2021, the Provincial Court adopted a new set of Provincial Court Family Rules while also expanding its use of Early Resolution Registries. These are big changes which means that much of the discussion and references to Provincial Court rules, forms, and procedures in [[JP Boyd on Family Law]] (which were reviewed in 2019) are out-of-date and should be treated with caution.

	Details about how the new rules and the early resolution process work is available from the provincial government on its website. You can read an overview about the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution early resolution process] and read a summary about how [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 the new Provincial Court Family Rules have changed.] For a more detailed rule-by-rule explanation of the Provincial Court Family Rules, [https://~~www2~~.~~gov~~.bc.ca/~~assets~~/~~gov~~/~~law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcrf-explained.pdf the government of British Columbia~~ has ~~also released~~ a ~~longer document~~].		Details about how the new rules and the early resolution process work is available from the provincial government on its website. You can read an overview about the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution early resolution process] and read a summary about how [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 the new Provincial Court Family Rules have changed.] For a more detailed rule-by-rule explanation of the Provincial Court Family Rules, [https://www.clicklaw.bc.ca/question/commonquestion/1193 Clicklaw has posted a resource under Common Questions].

	==Arbitration under the ''Family Law Act''==		==Arbitration under the ''Family Law Act''==

Jpboyd: /* Arbitration under the Family Law Act */

2022-01-26T19:01:40Z

Arbitration under the Family Law Act

← Older revision		Revision as of 19:01, 26 January 2022
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	<blockquote>'''Awards:''' Under section 19.14, the arbitrator's decision, called an award, must be in writing, signed and given to the parties. Once the parties have the award, under section 19.15, they have no more than 30 days to ask the arbitrator to correct any errors or explain a part of their award. Awards are binding on the parties under section 19.16.</blockquote>		<blockquote>'''Awards:''' Under section 19.14, the arbitrator's decision, called an award, must be in writing, signed and given to the parties. Once the parties have the award, under section 19.15, they have no more than 30 days to ask the arbitrator to correct any errors or explain a part of their award. Awards are binding on the parties under section 19.16.</blockquote>

	<blockquote>'''Challenging awards:''' Awards can be appealed under section 19.19, which says that the parties have no more than 30 days after getting the arbitrator's award to start an appeal. You can also ask the court to cancel an award under section 19.18, if the arbitrator wasn't independent or impartial, if a party wasn't given the opportunity to be heard during the arbitration, if the award was improperly obtained, or if the arbitrator made decisions about issues that weren't in the arbitration agreement.</blockquote>		<blockquote>'''Challenging awards:''' Awards can be appealed to the Supreme Court under section 19.19, which says that the parties have no more than 40 days after getting the arbitrator's award to start an appeal. You can also ask the court to cancel an award under section 19.18, if the arbitrator wasn't independent or impartial, if a party wasn't given the opportunity to be heard during the arbitration, if the award was improperly obtained, or if the arbitrator made decisions about issues that weren't in the arbitration agreement.</blockquote>

	<blockquote>'''Enforcing awards:''' Awards are binding on the parties to arbitration under section 19.16. Under section 19.20, awards can be filed in court and be enforced by the court as if they were court orders.</blockquote>		<blockquote>'''Enforcing awards:''' Awards are binding on the parties to arbitration under section 19.16. Under section 19.20, awards can be filed in court and be enforced by the court as if they were court orders.</blockquote>

Nate Russell at 17:11, 18 October 2021

2021-10-18T17:11:21Z

← Older revision		Revision as of 17:11, 18 October 2021
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	*new tools to help judges to manage court processes.		*new tools to help judges to manage court processes.

	In 2019, the Provincial Court established a pilot project in the Victoria courthouse aimed at the early resolution of family law disputes. A whole new set of court rules were developed ~~for~~ the ~~pilot project~~.		In 2019, the Provincial Court established a pilot project in the Victoria courthouse aimed at the early resolution of family law disputes. A whole new set of court rules were developed, and in May 2021, the new Provincial Court Family Rules came into effect. As a result, we are working on updating all references and discussions related to family matters in the Provincial Court. In the meantime, portions of [[JP Boyd on Family Law]] that talk about Provincial Court processes, rules, and forms should be considered out-of-date.

	In 2020, the ''Family Law Act'' was changed to cover the arbitration of family law disputes, in terms very different from those of the old ''Arbitration Act'', and the Victoria pilot project was expanded to include the Surrey courthouse. Of course, 2020 was also the year that the spread of COVID-19 resulted in huge changes to day-to-day court processes.		In 2020, the ''Family Law Act'' was changed to cover the arbitration of family law disputes, in terms very different from those of the old ''Arbitration Act'', and the Victoria pilot project was expanded to include the Surrey courthouse. Of course, 2020 was also the year that the spread of COVID-19 resulted in huge changes to day-to-day court processes.

	In 2021, sweeping amendments to the federal ''Divorce Act'' came into effect that changed how we talk about parenting after separation, and introduced a new test for figuring out children's best interests and a new test for when someone wants to move away. Thankfully, for people already used to the ''Family Law Act'', the changes to the ''Divorce Act'' felt very familiar, as if the federal government had simply copied huge portions of our provincial legislation. However, the changes to the ''Divorce Act'' also resulted in changes to the Child Support Guidelines, changes to the forms used by the Supreme Court, and the introduction of brand new forms used when someone wants to move away (or objects to someone moving away).		In 2021, sweeping amendments to the federal ''Divorce Act'' came into effect that changed how we talk about parenting after separation, and introduced a new test for figuring out children's best interests and a new test for when someone wants to move away. Thankfully, for people already used to the ''Family Law Act'', the changes to the ''Divorce Act'' felt very familiar, as if the federal government had simply copied huge portions of our provincial legislation. However, the changes to the ''Divorce Act'' also resulted in changes to the Child Support Guidelines, changes to the forms used by the Supreme Court, and the introduction of brand new forms used when someone wants to move away (or objects to someone moving away).

	~~In May 2021, the Provincial Court Family Rules and forms were significantly changed.~~

	Frankly, the pace of change has been a bit dizzying, especially for those of us who prepare public and professional education materials on family law. However, these changes are all part of an important new trend in family law to encourage people to resolve their problems outside of court, to recognize and account for the important impacts of family violence and coercive, controlling relationships, and to focus the rights involved in parenting more on children than on parents. The inconvenience to public legal educators is worth it.		Frankly, the pace of change has been a bit dizzying, especially for those of us who prepare public and professional education materials on family law. However, these changes are all part of an important new trend in family law to encourage people to resolve their problems outside of court, to recognize and account for the important impacts of family violence and coercive, controlling relationships, and to focus the rights involved in parenting more on children than on parents. The inconvenience to public legal educators is worth it.
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	This page provides an overview of the other changes that have happened in the last couple of years, including the amendments to the ''Family Law Act'' about arbitration, the new Provincial Court Family Rules and the early resolution process, and the changes to the Child Support Guidelines and the forms used by the Supreme Court resulting from the amendment of the ''Divorce Act''.		This page provides an overview of the other changes that have happened in the last couple of years, including the amendments to the ''Family Law Act'' about arbitration, the new Provincial Court Family Rules and the early resolution process, and the changes to the Child Support Guidelines and the forms used by the Supreme Court resulting from the amendment of the ''Divorce Act''.

			==New Rules, Forms and Processes for the BC Provincial Court==

			In May 2020, the Provincial Court adopted a new set of Provincial Court Family Rules while also expanding its use of Early Resolution Registries. These are big changes which means that much of the discussion and references to Provincial Court rules, forms, and procedures in [[JP Boyd on Family Law]] (which were reviewed in 2019) are out-of-date and should be treated with caution.

			Details about how the new rules and the early resolution process work is available from the provincial government on its website. You can read an overview about the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution early resolution process] and read a summary about how [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 the new Provincial Court Family Rules have changed.] For a more detailed rule-by-rule explanation of the Provincial Court Family Rules, [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcrf-explained.pdf the government of British Columbia has also released a longer document].

	==Arbitration under the ''Family Law Act''==		==Arbitration under the ''Family Law Act''==
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	==New and Updated Forms==		==New and Updated Forms==

	~~Because~~ of the ~~changes~~ in the new ''Divorce Act''~~, two~~ of the forms in cases before the Supreme Court have been updated and a new form has been created. The ''Divorce Act'' ~~also~~ provides three brand new forms used when someone wants to move away after separation, called ''relocation''.		We mentioned that there are a new set of forms for Provincial Court. There are also new forms for family matters in the BC Supreme Court, as well as new forms in the new ''Divorce Act''. Two of the forms in cases before the Supreme Court have been updated and a new form has been created. The ''Divorce Act'' provides three brand new forms used when someone wants to move away after separation, called ''relocation''.

	===BC Supreme Court Forms===		===BC Supreme Court Forms===
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	This form is necessary, because under section 7.8 of the new ''Divorce Act'', judges must take into account cases like these, and any orders made in those cases, when making decisions about parenting after separation.		This form is necessary, because under section 7.8 of the new ''Divorce Act'', judges must take into account cases like these, and any orders made in those cases, when making decisions about parenting after separation.

	===Relocation Forms===		===Relocation Forms in the ''Divorce Act''===

	Under section 16.9, a parent who wants to move away after separation, with or without the children, needs to give people with parenting time, decision-making responsibility or contact notice of their intention to move. Under section 16.96, someone with contact also has to give notice when they are planning to move away.		Under section 16.9, a parent who wants to move away after separation, with or without the children, needs to give people with parenting time, decision-making responsibility or contact notice of their intention to move. Under section 16.96, someone with contact also has to give notice when they are planning to move away.
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	The form used by someone who wants to object to a proposed move is called a [https://www.justice.gc.ca/eng/fl-df/divorce/orf-fod.html Objection to Relocation Form]. This too is a fairly simple fill-in-the-blanks form available from the website of the federal Department of Justice in fillable PDF format and in a version that can be filled out online.		The form used by someone who wants to object to a proposed move is called a [https://www.justice.gc.ca/eng/fl-df/divorce/orf-fod.html Objection to Relocation Form]. This too is a fairly simple fill-in-the-blanks form available from the website of the federal Department of Justice in fillable PDF format and in a version that can be filled out online.

	~~==New Rules, Forms and Processes for the BC Provincial Court==~~

	In May 2020, the Provincial Court adopted a new set of Provincial Court Family Rules while also expanding its use of Early Resolution Registries. These are big changes which means that all of the discussion and references to Provincial Court rules, forms, and procedures in [[JP Boyd on Family Law]] (which were reviewed in 2019) are out-of-date and should be treated with caution.

	Details about how the new rules and the early resolution process work is available from the provincial government on its website. You can read an overview about the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution early resolution process] and read a summary about how [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 the new Provincial Court Family Rules have changed.] For a more detailed rule-by-rule explanation of the Provincial Court Family Rules, [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcrf-explained.pdf the government of British Columbia has also released a longer document].

	==Resources and links==		==Resources and links==
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	* the old ''[http://canlii.ca/t/53z6j Divorce Act]''		* the old ''[http://canlii.ca/t/53z6j Divorce Act]''
	* [https://www.parl.ca/LegisInfo/BillDetails.aspx?Language=E&billId=9868788 Bill C-78]		* [https://www.parl.ca/LegisInfo/BillDetails.aspx?Language=E&billId=9868788 Bill C-78]
			* [https://www.canlii.org/webdiff/diff.do?lang=en&path=%2Fen%2Fca%2Flaws%2Fstat%2Frsc-1985-c-3-2nd-supp%2Flatest%2Frsc-1985-c-3-2nd-supp.html&path=%2Fen%2Fca%2Flaws%2Fstat%2Frsc-1985-c-3-2nd-supp%2F157296%2Frsc-1985-c-3-2nd-supp.html#h=47859.625 side-by-side comparison of the old and new ''Divorce Act'']]

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

Nate Russell: /* New Rules, Forms and Processes for the BC Provincial Court */

2021-10-18T16:54:25Z

New Rules, Forms and Processes for the BC Provincial Court

← Older revision		Revision as of 16:54, 18 October 2021
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	In May 2020, the Provincial Court adopted a new set of Provincial Court Family Rules while also expanding its use of Early Resolution Registries. These are big changes which means that all of the discussion and references to Provincial Court rules, forms, and procedures in [[JP Boyd on Family Law]] (which were reviewed in 2019) are out-of-date and should be treated with caution.		In May 2020, the Provincial Court adopted a new set of Provincial Court Family Rules while also expanding its use of Early Resolution Registries. These are big changes which means that all of the discussion and references to Provincial Court rules, forms, and procedures in [[JP Boyd on Family Law]] (which were reviewed in 2019) are out-of-date and should be treated with caution.

	Details about how the new rules and the early resolution process work is available from the provincial government on its website. You can read an overview about the https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution early resolution process] and read a summary about how [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021		Details about how the new rules and the early resolution process work is available from the provincial government on its website. You can read an overview about the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution early resolution process] and read a summary about how [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 the new Provincial Court Family Rules have changed.] For a more detailed rule-by-rule explanation of the Provincial Court Family Rules, [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcrf-explained.pdf the government of British Columbia has also released a longer document].
	the new Provincial Court Family Rules have changed.] For a more detailed rule-by-rule explanation of the Provincial Court Family Rules, [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcrf-explained.pdf the government of British Columbia has also released a longer document].

	==Resources and links==		==Resources and links==

Nate Russell: /* New Rules, Forms and Processes for the BC Provincial Court */

2021-10-18T16:53:58Z

New Rules, Forms and Processes for the BC Provincial Court

← Older revision		Revision as of 16:53, 18 October 2021
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	==New Rules, Forms and Processes for the BC Provincial Court==		==New Rules, Forms and Processes for the BC Provincial Court==

	In May 2020, the Provincial Court adopted a new set of ~~rules, and expanded~~ its use of Early Resolution Registries~~, which use a very different process for resolving family law matters~~. ~~Victoria and Surrey courthouses~~ are ~~now called Early Resolution Registries. More information about~~ the ~~new~~ rules and ~~the early resolution process can be found~~ on ~~the [https://www2.gov.bc.ca/assets/gov/law~~-~~crime~~-and~~-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcrf-explained.pdf website of the government of British Columbia]~~.		In May 2020, the Provincial Court adopted a new set of Provincial Court Family Rules while also expanding its use of Early Resolution Registries. These are big changes which means that all of the discussion and references to Provincial Court rules, forms, and procedures in [[JP Boyd on Family Law]] (which were reviewed in 2019) are out-of-date and should be treated with caution.

	The early resolution process is designed to encourage people to resolve family law disputes by agreement, and to help them get just and speedy decisions in court if agreement isn't possible. Cases that do need to be resolved through court are subject to closer management by the court, and the new ~~forms and processes are easier to access~~ and ~~easier to complete.~~		Details about how the new rules and the early resolution process work is available from the provincial government on its website. You can read an overview about the https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution early resolution process] and read a summary about how [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021
			the new Provincial Court Family Rules have changed.] For a more detailed rule-by-rule explanation of the Provincial Court Family Rules, [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcrf-explained.pdf the government of British Columbia has also released a longer document].
	~~This is how government describes~~ the ~~new~~ early resolution process ~~in Surrey and Victoria. The process will generally involve:~~

	~~<blockquote>"Starting at~~ the ~~Surrey or Victoria Justice Access Centre (JAC) to get information about your options, the process and how to access legal advice and other resources.</blockquote>~~
	~~<blockquote>"Filing a form called the Notice to Resolve at the Early Resolution Registry.</blockquote>~~
	~~<blockquote>"Contacting the JAC to make an appointment for your individual needs assessment.</blockquote>~~
	~~<blockquote>"Complete an individual needs assessment with a Family Justice Counsellor at the JAC.</blockquote>~~
	<blockquote>"Complete the Parenting After Separation program unless you have completed it within the last two years or meet one of the few exemptions (the JAC staff can identify for you if an exemption applies).</blockquote>
	~~<blockquote>"Participate in at least one consensual dispute resolution session (including any required preparation for the session), if appropriate.</blockquote>~~
	~~<blockquote>"When issues are resolved you can formalize your agreements by written agreement or consent order.</blockquote>~~
	<blockquote>"If there are still issues that need to be resolved, and you need the Court’s help, file a form called Application about a Family Law Matter with all your supporting documents and serve it on ~~the other party.</blockquote>~~
	~~<blockquote>"When you and the other party (or parties) have replied or the time for reply has passed, work with the Judicial Case Manager to schedule a Family Management Conference.~~
	~~At the Family Management Conference, you and the other party (or parties) will meet with a judge~~.~~"</blockquote>~~

	You can ~~get a lot more information~~ about the https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution early resolution process] and ~~the~~ [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021
	new Provincial Court Family Rules] ~~from~~ the government~~'s website~~.

	==Resources and links==		==Resources and links==