Family Law Problems

Family issues are among the most common source of legal problems. Here are the first steps and some useful resources for people in BC facing the following types of family law issues:

• I have a family problem and I want to resolve it out of court.
• I just separated from the other parent of my children.
• My partner is abusing me and my kids.
• My ex is not paying child support.
• I am having challenges with my children and don't want the Ministry to remove them.
• The Ministry has taken my kids.

Most family issues - custody, access, guardianship, child and spousal support - can be dealt with in a special branch of Provincial Court called "Family Court". However, cases about divorce or family property must be dealt with in BC Supreme Court. Family Court procedures are simpler, quicker and less expensive than those in Supreme Court. Speak to a lawyer about the choice between Supreme Court and Family Court.

In family law, an antiquated term used by the old Divorce Act to describe the right to possess a child and make parenting decisions concerning the child's health, welfare and upbringing. Replaced in the new Divorce Act with the term decision-making responsibility." See "access," "decision-making responsibility" and "parenting time."

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

A payment made by one spouse to the other spouse to help with the recipient's day-to-day living expenses or to compensate the recipient for the financial choices the spouses made during the relationship.

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

The legal termination of a valid marriage by an order of a judge; the ending of a marital relationship and the conjugal obligations of each spouse to the other. See "conjugal rights," "marriage" and "marriage, validity of."

A term under the Family Law Act referring to property acquired by either or both spouses during their relationship, as well as after separation if bought with family property. Both spouses are presumed to be entitled to share equally in any family property. See "excluded property."

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."