Difference between revisions of "Introduction to Family Law in British Columbia"

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==Introduction==

Family law problems are solved in one of two ways: the couple bargains with each other and comes up with a solution that they both agree to; or, the couple can't agree and they have to go to court to have a judge come up with a solution. Going to court means that one or both people have to start a court proceeding. (Court proceedings are also known as ''lawsuits'', ''claims'' or ''actions''.) Going to court is called ''litigation''; trying to come up with an agreement without going to court is called ''negotiation''. Mediation is a kind of negotiation.

There are two main laws that apply to family law problems. A law, in this sense of the word, means a rule made by the government. These laws are the federal ''[[Divorce Act]]'' and the provincial ''[[Family Law Act]]''. Each law deals with different issues, although they share a lot of issues in common. For some couples, both laws <span class="noglossary">will</span> apply; for others, only one of these laws <span class="noglossary">will</span> apply, probably the ''[[Family Law Act]]''.

*you need a divorce,  

*there is a risk of violence,

*someone is threatening to hide property or money, or

If you don't have to deal with one or more of these issues, you can always try to negotiate a way of fixing the problem, to find a solution that you both agree with. Couples who need help negotiating sometimes hire someone else to help, someone who is usually a stranger to them, called a ''mediator''. Mediators help to guide the negotiation process and encourage people to see different ways of solving the problem.

'''Further reading:'''

*[[Introduction to the Legal System for Family Matters|Introduction to the Legal System]]

*[[Resolving Family Law Problems out of Court]]

==Common family law problems==

Family law problems about children are:

Support means money that one person pays another to help with that person's expenses:

*''spousal support'' is money that is paid to help with a person's day-to-day living expenses, like rent, the phone bill and the hydro bill, and sometimes to compensate a person for the financial decisions made during the relationship.

Sometimes a couple also has to decide who <span class="noglossary">will</span> take responsibility for debts. Generally, only the debts that accumulated during a relationship <span class="noglossary">will</span> be shared between married spouses and unmarried spouses.

As you can see, the sorts of family law problems a couple can have sometimes depends on what their relationship was like. In family law, there are three types of relationship:

#Unmarried spouses: Unmarried spouses are not legally married. Unmarried spouses have lived together in a loving relationship, and, for most purposes of the ''[[Family Law Act]]'', must have lived together for at least two years or for less than two years if the spouses have had a child together.

'''Further reading:'''

==The courts of British Columbia==

The branch of the Provincial Court that deals with family law is called the Provincial (Family) Court. Other branches of the Provincial Court include the Provincial (Youth) Court and the Provincial (Small Claims) Court. Family Court can deal with:

Applicants and respondents (in the Provincial Court), and claimants and respondents (in the Supreme Court), are called the ''parties'' to the court proceeding.

Orders can be made ''by consent'', which means that they are made with the agreement of both people. If the couple can't agree on the terms of the order, they must go to a hearing before a judge and have the judge make an order. There are two types of order: an ''interim order'', which is any order made before trial; and, a ''final order'', which is an order made at the end of a trial. A trial is the final hearing before the judge that concludes the court proceeding.

*orders protecting property.

The Supreme Court can make orders under both the ''[[Divorce Act]]'' and the ''[[Family Law Act]]''. The Provincial Court can only make orders under the parts of the ''[[Family Law Act]]'' that don't deal with property.

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The [[Child Support Guidelines]] sets out the rules about how much child support should be paid according to the income of the person paying child support and the number of children child support is being paid for. For most people, the amount that should be paid is set out in a table at the end of the Guidelines. The Guidelines also sets out the rules about when child support can be paid in an amount different than what the tables say should be paid.

Child support is almost always paid every month in the amount set out in the Child Support Guidelines. A parent's duty to pay child support does not end until the child turns 19. It can last longer than that if a child has an illness or disability that prevents the child from earning a living, or if the child is going to university or college full-time.

The basic amount of child support is intended to cover most of the children's expenses. Some expenses, called extraordinary expenses, are not covered in this basic amount. Typically, extraordinary expenses are expenses like daycare and orthodontics - big, important expenses that most but not all children need.