Difference between revisions of "Recent Changes to Family Law in British Columbia"

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Family law has changed a lot over the past 15 years or so, especially if you live in British Columbia. In 2010, special Supreme Court rules, just for family law cases, were introduced. In 2013, the ''Family Law Act'' replaced the ''Family Relations Act'' and brought in new ways of thinking about parenting after separation, a new test that applies when someone wants to move away after separation, a new scheme for dividing property between spouses, new provisions about parenting coordination, and 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, complete with a whole new set of court rules just for the pilot project. 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.
Family law has changed a lot over the past 15 years or so, especially if you live in British Columbia. In 2010, special Supreme Court rules, just for family law cases, were introduced. In 2013, the ''Family Law Act'' replaced the ''Family Relations Act'' and brought in new ways of thinking about parenting after separation, a new test that applies when someone wants to move away after separation, a new scheme for dividing property between spouses, new provisions about parenting coordination, and 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, complete with a whole new set of court rules just for the pilot project. 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 swathes from our 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 swathes from our 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).


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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