The Legislation on Family Law - Revision history

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Nate Russell: Nate Russell moved page Legislation in Family Matters to The Legislation on Family Law: From staging May 2022

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Jpboyd: /* Domestic legislation */

2021-03-06T19:39:25Z

Domestic legislation

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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}}

Jpboyd at 19:10, 6 March 2021

2021-03-06T19:10:47Z

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	This section describes the basic legislation on family and divorce law, and briefly reviews some of the important secondary legislation and international treaties touching on family law issues.		This section describes the basic legislation on family and divorce law, and briefly reviews some of the important secondary legislation and international treaties touching on family law issues.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Look for explanations under this heading to read about recent changes to family law affecting the information provided in this section.

	==Two important statutes, one important regulation and one influential paper==		==Two important statutes, one important regulation and one influential paper==
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	===The ''Divorce Act''===		===The ''Divorce Act''===
	{{:Divorce Act}}		{{:Divorce Act}}

	===The ''Family Law Act''===		===The ''Family Law Act''===
	{{:Family Law Act}}		{{:Family Law Act}}

Nate Russell: /* Domestic legislation */

2019-07-25T19:38:15Z

Domestic legislation

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	Canada and British Columbia have made a number of important agreements with other countries for the mutual enforcement of court orders.		Canada and British Columbia have made a number of important agreements with other countries for the mutual enforcement of court orders.

	The ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'' talks about getting and changing orders for child support and spousal support where the parties are living in different provinces, territories, or ~~states~~. The [http://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation] has a table showing which countries have signed up.		The ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'' talks about getting and changing orders for child support and spousal support where the parties are living in different provinces, territories, or countries. The [http://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation] has a table showing which countries have signed up.

	The ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' is about enforcing court orders for the payment of money or transfer of goods or property. The countries that have signed up can be found in the [http://canlii.ca/t/84h5 Notice of Reciprocating Jurisdictions].		The ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' is about enforcing court orders for the payment of money or transfer of goods or property. The countries that have signed up can be found in the [http://canlii.ca/t/84h5 Notice of Reciprocating Jurisdictions].

Nate Russell at 19:28, 25 July 2019

2019-07-25T19:28:40Z

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	===Child protection===		===Child protection===

	On 1 October 2002, the Children's Commissioner, ~~which~~ investigated serious injuries or deaths suffered by children, and the Office of the Child, Youth and Family Advocate, which investigated issues involving children in the care of or involved with governmental and private agencies, were replaced by the Office for Children and Youth. On 18 May 2006, this was in turn replaced by the [http://www.rcybc.ca Representative for Children and Youth], operating under the ''[http://canlii.ca/t/84nt Representative for Children and Youth Act]''. The goals of the representative, who has significant oversight powers, are to:		On 1 October 2002, the Children's Commissioner, who investigated serious injuries or deaths suffered by children, and the Office of the Child, Youth and Family Advocate, which investigated issues involving children in the care of or involved with governmental and private agencies, were replaced by the Office for Children and Youth. On 18 May 2006, this was in turn replaced by the [http://www.rcybc.ca Representative for Children and Youth], operating under the ''[http://canlii.ca/t/84nt Representative for Children and Youth Act]''. The goals of the representative, who has significant oversight powers, are to:

	*foster respect for the fundamental rights of all children and youth in British Columbia,		*foster respect for the fundamental rights of all children and youth in British Columbia,
	*support and promote the rights of children and youth in the care of the state,		*support and promote the rights of children and youth in the care of the state,
	*promote awareness and understanding of key principles in the United Nations Convention on the Rights of the Child,		*promote awareness and understanding of key principles in the United Nations Convention on the Rights of the Child,
	*monitor the effectiveness and responsiveness of services and programs in British Columbia,		*monitor the effectiveness and responsiveness of child-related services and programs in British Columbia,
	*work collaboratively with public bodies, including the Chief Coroner and the Public Guardian and Trustee, to build an integrated, responsive process for the <span class="noglossary">review</span> and investigation of critical injuries and death, and		*work collaboratively with public bodies, including the Chief Coroner and the Public Guardian and Trustee, to build an integrated, responsive process for the <span class="noglossary">review</span> and investigation of critical injuries and death, and
	*draw on lessons learned to support and promote prevention initiatives and best practices with respect to intervention.		*draw on lessons learned to support and promote prevention initiatives and best practices with respect to intervention.
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	===Real property===		===Real property===

	The provincial ''[http://canlii.ca/t/8451 Land (Spouse Protection) Act]'' protects the rights of married spouses and unmarried spouses to their interest in ~~the~~ family home by allowing them to file an "entry" on the title of the property that can stop the property from being sold~~, but~~ the ~~protection ends once~~ the ~~spousal~~ relationship ~~ends~~.		The provincial ''[http://canlii.ca/t/8451 Land (Spouse Protection) Act]'' protects the rights of married spouses and unmarried spouses to their interest in their family home (called a "homestead" in the act) by allowing them to file an "entry" on the title of the property that can stop the property from being sold. A spouse seeking this protection must file with the land title office while the spouse is ''still in the relationship''. The act ceases to apply when the spouses have separated.

	The provincial ''[http://canlii.ca/t/8456 Land Title Act]'' deals with all aspects of the ownership and transfer of real property in British Columbia, including the conditions of holding valid title to a piece of land, placing and removing encumbrances (like liens and mortgages) on the title of a property, and the conditions under which a Certificate of Pending Litigation can be placed on the title. The ''[http://canlii.ca/t/848q Partition of Property Act]'' gives someone who owns property jointly with someone else the right to force the sale of that property over the objections of the other owner.		The provincial ''[http://canlii.ca/t/8456 Land Title Act]'' deals with all aspects of the ownership and transfer of real property in British Columbia, including the conditions of holding valid title to a piece of land, placing and removing encumbrances (like liens and mortgages) on the title of a property, and the conditions under which a Certificate of Pending Litigation can be placed on the title. The ''[http://canlii.ca/t/848q Partition of Property Act]'' gives someone who owns property jointly with someone else the right to force the sale of that property over the objections of the other owner.

Corinne Shortridge: /* Domestic legislation */

2019-07-15T16:53:02Z

Domestic legislation

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	Canada and British Columbia have made a number of important agreements with other countries for the mutual enforcement of court orders.		Canada and British Columbia have made a number of important agreements with other countries for the mutual enforcement of court orders.

	The ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'' talks about getting and changing orders for child support and spousal support where the parties are living in different provinces, territories or states. The [http://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation] has a table showing which countries have signed up.		The ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'' talks about getting and changing orders for child support and spousal support where the parties are living in different provinces, territories, or states. The [http://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation] has a table showing which countries have signed up.

	The ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' is about enforcing court orders for the payment of money or transfer of goods or property. The countries that have signed up can be found in the [http://canlii.ca/t/84h5 Notice of Reciprocating Jurisdictions].		The ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' is about enforcing court orders for the payment of money or transfer of goods or property. The countries that have signed up can be found in the [http://canlii.ca/t/84h5 Notice of Reciprocating Jurisdictions].

Corinne Shortridge: /* Enforcement of support obligations */

2019-07-15T16:38:14Z

Enforcement of support obligations

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	The provincial ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' establishes the [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program], a government agency with the authority to enforce support orders, and sets the extent of that authority. The provincial ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' sets out the ways in which money awarded under a judgment can be collected, such as by liens against property, the garnishment of wages, and so forth.		The provincial ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' establishes the [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program], a government agency with the authority to enforce support orders, and sets the extent of that authority. The provincial ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' sets out the ways in which money awarded under a judgment can be collected, such as by liens against property, the garnishment of wages, and so forth.

	The provincial ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'' allows support orders made outside of British Columbia to be registered in this province for enforcement. It also allows someone affected by that order to start a process here that may result in the variation of that order in the court that originally made the order. The act does not apply to all support orders, only to the orders of the countries, provinces and states that have a reciprocal agreement with British Columbia.		The provincial ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'' allows support orders made outside of British Columbia to be registered in this province for enforcement. It also allows someone affected by that order to start a process here that may result in the variation of that order by the court that originally made the order. The act does not apply to all support orders, only to the orders of the countries, provinces, and states that have a reciprocal agreement with British Columbia.

	===Real property===		===Real property===

Corinne Shortridge: /* Child protection */

2019-07-15T16:35:51Z

Child protection

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	*draw on lessons learned to support and promote prevention initiatives and best practices with respect to intervention.		*draw on lessons learned to support and promote prevention initiatives and best practices with respect to intervention.

	The provincial ''[http://canlii.ca/t/84dv Child, Family and Community Service Act]'' gives the government, specifically the [http://www.gov.bc.ca/mcf/ Ministry for Children and Family Development], the power to apprehend children believed to be suffering from child abuse or neglect, or who are at risk of child abuse or neglect. The act regulates the conditions under which children can be seized, the conditions in which they may be placed in the care of the government, and the authority and powers of child protection workers.		The provincial ''[http://canlii.ca/t/84dv Child, Family and Community Service Act]'' gives the government, specifically the [http://www.gov.bc.ca/mcf/ Ministry for Children and Family Development], the power to apprehend children believed to be suffering from child abuse or neglect, or who are at risk of child abuse or neglect. The act regulates the conditions under which children can be seized, the conditions in which they may be placed in the care of the government, and specifies the authority and powers of child protection workers.

	===Enforcement of support obligations===		===Enforcement of support obligations===

← Older revision		Revision as of 22:07, 11 January 2024
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	<blockquote><tt>23 (1) For all purposes of the law of British Columbia,</tt></blockquote>		<blockquote><tt>23 (1) For all purposes of the law of British Columbia,</tt></blockquote>
	<blockquote><blockquote><tt>(a) a person is the child of ~~his or her~~ parents,</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(a) a person is the child of the person's parents,</tt></blockquote></blockquote>
	<blockquote><blockquote><tt>(b) a child's parent is the person determined under this Part to be the child's parent, and</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(b) a child's parent is the person determined under this Part to be the child's parent, and</tt></blockquote></blockquote>
	<blockquote><blockquote><tt>(c) the relationship of parent and child and kindred relationships flowing from that relationship must be as determined under this Part.</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(c) the relationship of parent and child and kindred relationships flowing from that relationship must be as determined under this Part.</tt></blockquote></blockquote>
	<blockquote><tt>(2) For the purposes of an instrument or enactment that refers to a person, described in terms of ~~his or her~~ relationship to another person by birth, blood or marriage, the reference must be read as a reference to, and read to include, a person who comes within the description because of the relationship of parent and child as determined under this Part.</tt></blockquote>		<blockquote><tt>(2) For the purposes of an instrument or enactment that refers to a person, described in terms of the person's relationship to another person by birth, blood or marriage, the reference must be read as a reference to, and read to include, a person who comes within the description because of the relationship of parent and child as determined under this Part.</tt></blockquote>

	You'll see that this rule is broken down into smaller bits. These are called '''subsections'''. If someone was talking about the last part of section 23, they would say "section 23, subsection 2" or "section 23 sub 2." In writing, you would put "section 23(2)." (Just as ''chapter'' is abbreviated as '''c.''', ''section'' is abbreviated as '''s.''' If we are talking about more than one section, ''sections'' is abbreviated as '''ss.''' ''Subsection'' is abbreviated as '''s-s.''' and the plural is written as '''s-ss.''')		You'll see that this rule is broken down into smaller bits. These are called '''subsections'''. If someone was talking about the last part of section 23, they would say "section 23, subsection 2" or "section 23 sub 2." In writing, you would put "section 23(2)." (Just as ''chapter'' is abbreviated as '''c.''', ''section'' is abbreviated as '''s.''' If we are talking about more than one section, ''sections'' is abbreviated as '''ss.''' ''Subsection'' is abbreviated as '''s-s.''' and the plural is written as '''s-ss.''')
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	===Enforcement of support obligations===		===Enforcement of support obligations===

	The provincial ''[~~http~~://canlii.ca/t/840m Family Maintenance Enforcement Act]'' establishes the [~~http~~://www.~~fmep.gov.bc~~.ca/ Family Maintenance Enforcement Program], a government agency with the authority to enforce support orders, and sets the extent of that authority. The provincial ''[~~http~~://canlii.ca/t/84h5 Court Order Enforcement Act]'' sets out the ways in which money awarded under a judgment can be collected, such as by liens against property, the garnishment of wages, and so forth.		The provincial ''[https://canlii.ca/t/840m Family Maintenance Enforcement Act]'' establishes the [https://www.bcfma.ca/ Family Maintenance Enforcement Program], overseen by the BC Family Maintenance Agency which is the government agency with the authority to enforce support orders, and sets the extent of that authority. The provincial ''[https://canlii.ca/t/84h5 Court Order Enforcement Act]'' sets out the ways in which money awarded under a judgment can be collected, such as by liens against property, the garnishment of wages, and so forth.

	The provincial ''[~~http~~://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'' allows support orders made outside of British Columbia to be registered in this province for enforcement. It also allows someone affected by a registered order to start a process here that may result in the variation of that order by the court that originally made the order. The act does not apply to all support orders, only to the orders of the countries, provinces, and states that have an agreement with British Columbia about support orders.		The provincial ''[https://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]'' allows support orders made outside of British Columbia to be registered in this province for enforcement. It also allows someone affected by a registered order to start a process here that may result in the variation of that order by the court that originally made the order. The act does not apply to all support orders, only to the orders of the countries, provinces, and states that have an agreement with British Columbia about support orders.

	===Real property===		===Real property===
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	The provincial ''[http://canlii.ca/t/8481 Name Act]'' is the law that deals with changes of name, both for a married spouse following divorce and for anyone who hankers to be called something different. (The process is fairly simple for a spouse following divorce.) The ''[http://canlii.ca/t/84fk Vital Statistics Act]'' talks about the registration of new births and about the naming of infants, and should be read if you're thinking of calling your child something different like Moon Unit or Blue Ivy.		The provincial ''[http://canlii.ca/t/8481 Name Act]'' is the law that deals with changes of name, both for a married spouse following divorce and for anyone who hankers to be called something different. (The process is fairly simple for a spouse following divorce.) The ''[http://canlii.ca/t/84fk Vital Statistics Act]'' talks about the registration of new births and about the naming of infants, and should be read if you're thinking of calling your child something different like Moon Unit or Blue Ivy.

	There's more information about naming and changing names in the ~~aptly-named~~ [[~~Naming and Changes of~~ Name]] ~~section of the [[Family Law and Other Legal Issues]] chapter~~.		There's more information about naming and changing names in the guide on [[How Do I Change My Name after Marriage or Divorce?]].

	==International treaties==		==International treaties==
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	The [http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction] says what steps a signatory country must take when someone has wrongfully taken a child into that country. The convention explains how someone from the departure country can make an application for an order in the destination country for the return of the child. It outlines the defences that can be made to applications like these, the different orders the court in the destination country can make, and the factors that court must consider in deciding whether to make those orders.		The [http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction] says what steps a signatory country must take when someone has wrongfully taken a child into that country. The convention explains how someone from the departure country can make an application for an order in the destination country for the return of the child. It outlines the defences that can be made to applications like these, the different orders the court in the destination country can make, and the factors that court must consider in deciding whether to make those orders.

	More information about the Hague Convention, including a list of signatory countries, can be found in the chapter [[Resolving Family Law Problems in Court~~]] in the section [[Enforcing Orders in Family Matters~~]].		More information about the Hague Convention, including a list of signatory countries, can be found in the chapter [[Resolving Family Law Problems in Court]].

	===The UN Convention on the Rights of the Child===		===The UN Convention on the Rights of the Child===
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	The ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' is about enforcing court orders for the payment of money or transfer of goods or property. The countries that have signed up can be found in the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/courtorderenflist Notice of Reciprocating Jurisdictions].		The ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]'' is about enforcing court orders for the payment of money or transfer of goods or property. The countries that have signed up can be found in the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/courtorderenflist Notice of Reciprocating Jurisdictions].

	You can find more information about the ''Interjurisdictional Support Orders Act'' in the chapter [[Child Support]], in the section [[Making Changes to Child Support]]. You can find more information about enforcement of orders in the chapter [[Resolving Family Law Problems in Court~~]], in the section [[Enforcing Orders in Family Matters~~]].		You can find more information about the ''Interjurisdictional Support Orders Act'' in the chapter [[Child Support]], in the section [[Making Changes to Child Support]]. You can find more information about enforcement of orders in the chapter [[Resolving Family Law Problems in Court]].


	{{REVIEWED \| reviewer = [[JP Boyd]], 16 ~~February 2020~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], 16 November 2023}}

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