Difference between revisions of "Introduction to Family Law"

Jump to navigation Jump to search
m (Drew Jackson moved page Introduction to Family Law (Script 114) to Introduction to Family Law (No. 114): align with new Dial-A-Law website)
Line 1: Line 1:
{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.southcoastlaw.ca/renee-aldana/ Renée Aldana], South Coast Law Group|date= October 2018}} {{Dial-A-Law TOC|expanded = relationships}}
 
{{Dial-A-Law TOC|expanded = family}}
Family law deals with legal issues that impact families. Family breakups, divorce, getting married, adoption, and family violence all fall within this area of law. Learn the basics of family law.  
Family law deals with legal issues that impact families. Family breakups, divorce, getting married, adoption, and family violence all fall within this area of law. Learn the basics of family law.  


Line 83: Line 81:
*'''Arbitration''': Where the parties hire an arbitrator to act as their personal judge to make decisions about their dispute they will be bound by.
*'''Arbitration''': Where the parties hire an arbitrator to act as their personal judge to make decisions about their dispute they will be bound by.


For more on alternatives to court, see our information on [[Mediation and Collaborative Settlement Processes (Script 111)|mediation and collaborative practice (no. 111)]].
For more on alternatives to court, see our information on [[Mediation and Collaborative Practice (No. 111)|mediation and collaborative practice (no. 111)]].


If parties can’t resolve their problems using these approaches, they may have to go to court to have a judge resolve their problems.  
If parties can’t resolve their problems using these approaches, they may have to go to court to have a judge resolve their problems.  
Line 90: Line 88:
There are two courts that deal with family law issues, Family Court and Supreme Court.  
There are two courts that deal with family law issues, Family Court and Supreme Court.  


'''Family Court''' is a division of the BC Provincial Court. It doesn’t charge court filing fees and its rules and forms are simplified for people who use the court. Family Court can deal only with issues under the ''Family Law Act'', such as guardianship, child care, child support, and spousal support. For more on this court, see our information on [[Family Court (Script 110)|Family Court (no. 110)]].
'''Family Court''' is a division of the BC Provincial Court. It doesn’t charge court filing fees and its rules and forms are simplified for people who use the court. Family Court can deal only with issues under the ''Family Law Act'', such as guardianship, child care, child support, and spousal support. For more on this court, see our information on [[Family Court (No. 110)|Family Court (no. 110)]].


'''Supreme Court''' rules are more complicated and the court charges fees to file certain documents and schedule certain hearings. But Supreme Court can deal with issues under both the ''Divorce Act'' and the ''Family Law Act''. So Supreme Court can deal with all the same issues as Family Court, plus divorce and the division of property and debt.
'''Supreme Court''' rules are more complicated and the court charges fees to file certain documents and schedule certain hearings. But Supreme Court can deal with issues under both the ''Divorce Act'' and the ''Family Law Act''. So Supreme Court can deal with all the same issues as Family Court, plus divorce and the division of property and debt.
Line 128: Line 126:
Here are definitions of some key words and phrases used in family law.
Here are definitions of some key words and phrases used in family law.


'''Separation''' is the breakdown of a romantic relationship. Separation usually means a couple have moved out and are living apart from each other, but it is possible to be separated while continuing to live under the same roof. See our information on [[Separation and Separation Agreements (Script 115)|separation and separation agreements (no. 115)]] and [[Separation: Deciding Who Will Move Out (Script 116)|deciding who will move out (no. 116)]].  
'''Separation''' is the breakdown of a romantic relationship. Separation usually means a couple have moved out and are living apart from each other, but it is possible to be separated while continuing to live under the same roof. See our information on [[Separation and Separation Agreements (No. 115)|separation and separation agreements (no. 115)]] and [[Deciding Who Will Move Out When You Separate (No. 116)|deciding who will move out (no. 116)]].  


'''Divorce''' is the legal end of a marriage by a court order. We explain the [[Requirements for Divorce and Annulment (Script 120)|requirements for divorce in no. 120]].  
'''Divorce''' is the legal end of a marriage by a court order. We explain the [[Requirements for Divorce and Annulment (No. 120)|requirements for divorce in no. 120]].  


'''Child''' is any person under the age of 19, the age of majority in British Columbia. It may include an adult child for the purposes of child support. The ''Divorce Act'' uses the term “child of the marriage”.  
'''Child''' is any person under the age of 19, the age of majority in British Columbia. It may include an adult child for the purposes of child support. The ''Divorce Act'' uses the term “child of the marriage”.  
Line 142: Line 140:
The time a person who is not a guardian has with a child is called '''contact''' under ''Family Law Act'' and '''access''' under the ''Divorce Act''.  
The time a person who is not a guardian has with a child is called '''contact''' under ''Family Law Act'' and '''access''' under the ''Divorce Act''.  


For more on these concepts involving care of the children, see our information on [[Custody and Access, Guardianship, Parenting Arrangements and Contact (Script 142)|custody, guardianship and parenting arrangements and contact (no. 142)]].
For more on these concepts involving care of the children, see our information on [[Custody and Access, Guardianship, Parenting Arrangements, and Contact (No. 142)|custody, guardianship and parenting arrangements and contact (no. 142)]].


'''Child support''' is money paid by one parent to the other for the financial support of their child. We explain [[Child Support (Script 117)|child support in no. 117]].
'''Child support''' is money paid by one parent to the other for the financial support of their child. We explain [[Child Support (No. 117)|child support in no. 117]].


'''Spousal support''' is money one spouse pays to the other to help with expenses. We explain [[Spousal Support (Script 123)|spousal support in no. 123]].
'''Spousal support''' is money one spouse pays to the other to help with expenses. We explain [[Spousal Support (No. 123)|spousal support in no. 123]].


==Get help==
==Get help==
Line 157: Line 155:
:Web: [http://www.familylaw.lss.bc.ca/ familylaw.lss.bc.ca]
:Web: [http://www.familylaw.lss.bc.ca/ familylaw.lss.bc.ca]


[updated October 2018]
'''The above was last reviewed for legal accuracy by [https://www.southcoastlaw.ca/renee-aldana/ Renée Aldana], South Coast Law Group.'''


----
----
Line 167: Line 160:


[[Category:Dial-A-Law]]
[[Category:Dial-A-Law]]
 
{{Dial-A-Law_Navbox|type=families}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law_Navbox|type=family}}