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Difference between revisions of "The Legislation on Family Law"

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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.