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Difference between revisions of "Family Law Act Basics"

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Family Law Act Basics (view source)

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Under the ''Family Law Act'', a guardian can appoint someone to take over and <span class="noglossary">act</span> as the child’s guardian if:
Under the ''Family Law Act'', a guardian can appoint someone to take over and <span class="noglossary">act</span> as the child’s guardian if:


#the guardian has a terminal illness;
*the guardian has a terminal illness,
#the guardian is going to permanently unable to care for the child because of a mental illness; or
*the guardian is going to permanently unable to care for the child because of a mental illness, or
#the guardian dies.
*the guardian dies.


The new person takes over as guardian when the first guardian dies or becomes unable to exercise parental responsibilities.
The new person takes over as guardian when the first guardian dies or becomes unable to exercise parental responsibilities.
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The ''Family Law Act'' gives the court the power to enforce parenting time and contact when:
The ''Family Law Act'' gives the court the power to enforce parenting time and contact when:


#parenting time or contact has been "wrongfully withheld" from a person entitled to parenting time or contact; or,
*parenting time or contact has been "wrongfully withheld" from a person entitled to parenting time or contact, or
#a person with parenting time or contact fails to use his or her parenting time or contact.
*a person with parenting time or contact fails to use his or her parenting time or contact.


In certain situations, it isn’t "wrongful" to withhold a child from a person entitled to parenting time or contact. Under s. 62, it isn’t wrongful to withhold a child if:
In certain situations, it isn’t "wrongful" to withhold a child from a person entitled to parenting time or contact. Under s. 62, it isn’t wrongful to withhold a child if:


#the guardian with the child believes there is a risk of family violence, or that the other person is impaired by alcohol or drugs;
*the guardian with the child believes there is a risk of family violence, or that the other person is impaired by alcohol or drugs,
#the child is sick, and the guardian with the child has a doctor’s note;
*the child is sick, and the guardian with the child has a doctor’s note,
#the other person has frequently failed to use his or her parenting time or contact in the past; or,
*the other person has frequently failed to use his or her parenting time or contact in the past, or
#the other person told the guardian ahead of time that the parenting time or contact wasn’t going to be used.
*the other person told the guardian ahead of time that the parenting time or contact wasn’t going to be used.


The court can make orders a number of orders to enforce parenting time and contact, including requiring:
The court can make orders a number of orders to enforce parenting time and contact, including requiring:


#make-up time, when parenting time or contact was wrongfully withheld;
*make-up time, when parenting time or contact was wrongfully withheld,
#a person or a child to attending counselling;
*a person or a child to attending counselling,
#the parties to try to resolve their dispute outside of court;
*the parties to try to resolve their dispute outside of court,
#payment of a party’s expenses; or,
*payment of a party’s expenses, or
#payment of up to $5,000 to a person or as a fine.
*payment of up to $5,000 to a person or as a fine.


Applications about the wrongful withholding of parenting time or contact must be brought within a year of when the parenting time or contact was withheld.
Applications about the wrongful withholding of parenting time or contact must be brought within a year of when the parenting time or contact was withheld.
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When a guardian objects, the guardian who wants to move must show the court that:
When a guardian objects, the guardian who wants to move must show the court that:


#he or she wants to move in "good faith"; and,
*he or she wants to move in "good faith", and
#he or she has proposed reasonable plans to preserve the child’s relationship with the child’s other guardians, people who have contact with the child and other people who have an important role in the child’s life.
*he or she has proposed reasonable plans to preserve the child’s relationship with the child’s other guardians, people who have contact with the child and other people who have an important role in the child’s life.


The guardian who objects to the move must show that the move is not in the best interests of the child or the move <span class="noglossary">will</span> be allowed.
The guardian who objects to the move must show that the move is not in the best interests of the child or the move <span class="noglossary">will</span> be allowed.
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When a guardian objects and the moving guardian and the objecting guardian share the child’s time equally or almost equally, the guardian who wants to move must show the court that:
When a guardian objects and the moving guardian and the objecting guardian share the child’s time equally or almost equally, the guardian who wants to move must show the court that:


#he or she wants to move in good faith;
*he or she wants to move in good faith,
#he or she has proposed reasonable plans to preserve the child’s relationship with the child’s other guardians, people who have contact with the child and other people who have an important role in the child’s life; and,
*he or she has proposed reasonable plans to preserve the child’s relationship with the child’s other guardians, people who have contact with the child and other people who have an important role in the child’s life, and
#the move is in the child’s best interests.
*the move is in the child’s best interests.


''Good faith'' means that the guardian who wants to move isn’t planning on moving just to take the child away from another guardian, and that the move <span class="noglossary">will</span> likely improve the child’s quality of life or the guardian’s quality of life.
''Good faith'' means that the guardian who wants to move isn’t planning on moving just to take the child away from another guardian, and that the move <span class="noglossary">will</span> likely improve the child’s quality of life or the guardian’s quality of life.
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The courts <span class="noglossary">will</span> have to figure out what "reasonable plans" to preserve the child’s relations with other people means, and what it means to say that a proposed move is or is not in a child’s best interests.
The courts <span class="noglossary">will</span> have to figure out what "reasonable plans" to preserve the child’s relations with other people means, and what it means to say that a proposed move is or is not in a child’s best interests.


==The Law About Child Support==
==The law about child support==


===Who is entitled to get child support?===
===Who is entitled to get child support?===
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Under the ''Family Law Act'', children who are younger than age 19 can stop being entitled to child support if:
Under the ''Family Law Act'', children who are younger than age 19 can stop being entitled to child support if:


#they become a spouse; or,
*they become a spouse, or
#they withdraw from the care of their parents or guardians, as long as they didn’t withdraw because of family violence or because of poor living conditions.
*they withdraw from the care of their parents or guardians, as long as they didn’t withdraw because of family violence or because of poor living conditions.


Child support is usually paid to the person who the child mostly lives with. Child support can sometimes be paid directly to the child, usually if the child is 19 or older and living away from home and going to college or university.
Child support is usually paid to the person who the child mostly lives with. Child support can sometimes be paid directly to the child, usually if the child is 19 or older and living away from home and going to college or university.
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Stepparents can also be required to pay child support. A ''stepparent'' is the married or unmarried spouse of a parent, as long as:
Stepparents can also be required to pay child support. A ''stepparent'' is the married or unmarried spouse of a parent, as long as:


#the spouse has contributed to the child’s costs for at least one year; and,
*the spouse has contributed to the child’s costs for at least one year, and  
#the claim for child support is made within one year of the spouse’s last contribution to the child’s costs.
*the claim for child support is made within one year of the spouse’s last contribution to the child’s costs.


Remember that under the ''Divorce Act'', a stepparent is someone who is married to a parent and "stands in the place of a parent". This is a different legal test.
Remember that under the ''Divorce Act'', a stepparent is someone who is married to a parent and "stands in the place of a parent". This is a different legal test.
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Child support is determined by the Child Support Guidelines. Most of the time, child support is simple to figure out by looking up the amount payable in the Guidelines tables based on the payor’s income and the number of children support is being paid for. Child support can get more complicated when:
Child support is determined by the Child Support Guidelines. Most of the time, child support is simple to figure out by looking up the amount payable in the Guidelines tables based on the payor’s income and the number of children support is being paid for. Child support can get more complicated when:


#a child is 19 or older;
*a child is 19 or older,
#the payor has an income of more than $150,000 per year;
*the payor has an income of more than $150,000 per year,
#one more children live mostly with each guardian, called ''split custody'';
*one more children live mostly with each guardian, called ''split custody'',
#the guardians share the children’s time equally or almost equally, called ''shared custody''; or,
*the guardians share the children’s time equally or almost equally, called ''shared custody'', or
#the payment of the tables amount would cause "undue hardship" to either the recipient or the payor.
*the payment of the tables amount would cause "undue hardship" to either the recipient or the payor.


The ''Family Law Act'' doesn’t change how any of these problems are handled. What the ''Family Law Act'' does change is the calculation of child support for guardians who are not parents and for stepparents.
The ''Family Law Act'' doesn’t change how any of these problems are handled. What the ''Family Law Act'' does change is the calculation of child support for guardians who are not parents and for stepparents.
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Under the ''Family Law Act'', the child support obligations of guardians who are not parents come second to the obligations of parents. The child support obligations of stepparents come second to both parents and guardians, and the amount of support a stepparent should pay is based on:
Under the ''Family Law Act'', the child support obligations of guardians who are not parents come second to the obligations of parents. The child support obligations of stepparents come second to both parents and guardians, and the amount of support a stepparent should pay is based on:


#the child’s standard of living when he or she lived with the stepparent; and,
*the child’s standard of living when he or she lived with the stepparent, and
#the length of time the child lived with the stepparent.
*the length of time the child lived with the stepparent.


===How is child support paid?===
===How is child support paid?===
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The parties can agree and the court can order that the payor’s obligation to pay child support <span class="noglossary">will</span> continue after the payor’s death and be paid from his or her estate.  Court orders about this can be made at the time the child support order is made or after the payor’s death.
The parties can agree and the court can order that the payor’s obligation to pay child support <span class="noglossary">will</span> continue after the payor’s death and be paid from his or her estate.  Court orders about this can be made at the time the child support order is made or after the payor’s death.


==The Law About Spousal Support==
==The law about spousal support==


===Who is entitled to ask for spousal support?===
===Who is entitled to ask for spousal support?===
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Only spouses can ask for spousal support. Under the ''Family Law Act'', ''spouse'' includes people who:
Only spouses can ask for spousal support. Under the ''Family Law Act'', ''spouse'' includes people who:


#are married to each other;
*are married to each other,
#have lived together in a "marriage-like relationship" for at least two years; and,
*have lived together in a "marriage-like relationship" for at least two years, and
#have lived together in a marriage-like relationship for less than two years and have had a child together.
*have lived together in a marriage-like relationship for less than two years and have had a child together.


A spouse’s entitlement to spousal support is determined based on factors taken from the ''Divorce Act'', set out at s. 161 of the ''Family Law Act''.
A spouse’s entitlement to spousal support is determined based on factors taken from the ''Divorce Act'', set out at s. 161 of the ''Family Law Act''.
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Under the ''Family Law Act'':
Under the ''Family Law Act'':


#married spouses have to start a court proceeding  for spousal support within two years of the date of their divorce or the annulment of their marriage; and,
*married spouses have to start a court proceeding  for spousal support within two years of the date of their divorce or the annulment of their marriage, and
#unmarried spouses have to start a proceeding for spousal support within two years of the date they separated.
*unmarried spouses have to start a proceeding for spousal support within two years of the date they separated.


Remember that there are no limits to when married spouses can ask for spousal support under the ''Divorce Act''.
Remember that there are no limits to when married spouses can ask for spousal support under the ''Divorce Act''.
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Under the ''Divorce Act'', the court is not allowed to consider a spouse’s behaviour when making an order about spousal support. The same thing is generally true under the ''Family Law Act'', except that the act allows the court to take into account misconduct that:
Under the ''Divorce Act'', the court is not allowed to consider a spouse’s behaviour when making an order about spousal support. The same thing is generally true under the ''Family Law Act'', except that the act allows the court to take into account misconduct that:


#unreasonably prolongs a spouse’s need for support; or,
*unreasonably prolongs a spouse’s need for support; or,
#unreasonably undermines a spouse’s ability to pay support.
*unreasonably undermines a spouse’s ability to pay support.


In other words, the court can look at whether a spouse is being unreasonable in not becoming financial self-sufficient and whether a spouse has reduced work hours, quit a job or refused to take a job in order to avoid paying support.
In other words, the court can look at whether a spouse is being unreasonable in not becoming financial self-sufficient and whether a spouse has reduced work hours, quit a job or refused to take a job in order to avoid paying support.
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The ''Family Law Act'' says that agreements and orders for spousal support can be reviewable. Agreements and orders for reviewable spousal support can specify:
The ''Family Law Act'' says that agreements and orders for spousal support can be reviewable. Agreements and orders for reviewable spousal support can specify:


#what <span class="noglossary">will</span> trigger the review;
*what <span class="noglossary">will</span> trigger the review,
#the dispute resolution process that <span class="noglossary">will</span> be used at the review; and,
*the dispute resolution process that <span class="noglossary">will</span> be used at the review, and
#the factors that <span class="noglossary">will</span> be considered at the review.
*the factors that <span class="noglossary">will</span> be considered at the review.


The ''Family Law Act'' says that a review can also be triggered when someone begins to receive a pension, even if the agreement or order for spousal support doesn’t call for the review.
The ''Family Law Act'' says that a review can also be triggered when someone begins to receive a pension, even if the agreement or order for spousal support doesn’t call for the review.
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Note that the rules about life insurance and support when the payor dies are the same for spousal support as they are for child support.
Note that the rules about life insurance and support when the payor dies are the same for spousal support as they are for child support.


==The Law About Dividing Property and Debt==
==The law about dividing property and debt==


===Who is entitled to ask to divide property and debt?===
===Who is entitled to ask to divide property and debt?===
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Only spouses can ask to divide property and debt. Under the ''Family Law Act'', ''spouse'' includes people who:
Only spouses can ask to divide property and debt. Under the ''Family Law Act'', ''spouse'' includes people who:


#are married to each other; and,
*are married to each other, and
#have lived together in a "marriage-like relationship" for at least two years.
*have lived together in a "marriage-like relationship" for at least two years.


Note that the people who are spouses for the division of property and debt are different than the people who are spouses for child support and spousal support.   
Note that the people who are spouses for the division of property and debt are different than the people who are spouses for child support and spousal support.   
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Under the ''Family Law Act'':
Under the ''Family Law Act'':


#married spouses have to start a court proceeding to divide property and debt within two years of the date of their divorce or the annulment of their marriage; and,
*married spouses have to start a court proceeding to divide property and debt within two years of the date of their divorce or the annulment of their marriage, and
#unmarried spouses have to start a proceeding to divide property and debt within two years of the date they separated.
*unmarried spouses have to start a proceeding to divide property and debt within two years of the date they separated.


The two-year countdown from the date of divorce or separation stops while the spouses are trying to resolve their dispute outside of court with the help of a family justice counsellor, a mediator, a lawyer or an arbitrator.
The two-year countdown from the date of divorce or separation stops while the spouses are trying to resolve their dispute outside of court with the help of a family justice counsellor, a mediator, a lawyer or an arbitrator.
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''Excluded property'' is the property each spouse has on the date they began to live together or got married, whichever was first.  Excluded property includes certain property received by each spouse during the spouses’ relationship, such as:
''Excluded property'' is the property each spouse has on the date they began to live together or got married, whichever was first.  Excluded property includes certain property received by each spouse during the spouses’ relationship, such as:


#gifts and inheritances;
*gifts and inheritances,
#court awards for injury or loss, except for awards relating to both spouses or for lost income;
*court awards for injury or loss, except for awards relating to both spouses or for lost income,
#insurance payments, except for payments relating to both spouses or for lost income;
*insurance payments, except for payments relating to both spouses or for lost income,
#certain kinds of trust interests; and,
*certain kinds of trust interests, and
#property bought with excluded property.
*property bought with excluded property.


===Family property===
===Family property===
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''Family property'' is the property either or both spouses got after the date they began to live together or got married, whichever was first. "Ordinary use for a family purpose," the test under the old ''Family Relations Act'', doesn’t matter under the ''Family Law Act''.  Family property includes:
''Family property'' is the property either or both spouses got after the date they began to live together or got married, whichever was first. "Ordinary use for a family purpose," the test under the old ''Family Relations Act'', doesn’t matter under the ''Family Law Act''.  Family property includes:


#real estate;
*real estate,
#bank accounts;
*bank accounts,
#interests in companies and businesses;
*interests in companies and businesses,
#debts owed to a spouse;
*debts owed to a spouse,
#pensions and RRSPs; and,
*pensions and RRSPs, and
#other personal property.
*other personal property.


Most importantly, the increase in value of excluded property over the course of the spouses’ relationship is also family property.
Most importantly, the increase in value of excluded property over the course of the spouses’ relationship is also family property.
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Under the ''Family Law Act'', spouses are presumed to:
Under the ''Family Law Act'', spouses are presumed to:


#each be entitled to one-half of family property, regardless of how they contributed to or used the property; and,
*each be entitled to one-half of family property, regardless of how they contributed to or used the property, and
#each be responsible for one-half of family debt.  
*each be responsible for one-half of family debt.  


When spouses separate, they each become one-half owners of all family property as tenants in common and one-half responsible for all family debt. Under the ''Family Relations Act'', spouses didn’t become owners of family assets as tenants in common until they made a separation agreement, got divorced or the court made a declaration under s. 57. Now all it takes is separation.
When spouses separate, they each become one-half owners of all family property as tenants in common and one-half responsible for all family debt. Under the ''Family Relations Act'', spouses didn’t become owners of family assets as tenants in common until they made a separation agreement, got divorced or the court made a declaration under s. 57. Now all it takes is separation.
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The court can divide family property and family debt unequally if an equal division would be "significantly unfair". The court can take into account a number of reasons why an equal division could be significantly unfair including:
The court can divide family property and family debt unequally if an equal division would be "significantly unfair". The court can take into account a number of reasons why an equal division could be significantly unfair including:


#length of the spouses’ relationship;
*length of the spouses’ relationship,
#a spouse’s contribution to the other spouse’s career;
*a spouse’s contribution to the other spouse’s career,
#whether the amount of family debt is more than the value of family property;
*whether the amount of family debt is more than the value of family property,
#whether a spouse reduced the value of family property or got rid of family property to avoid sharing the property, or the full value of the property, with the other spouse; and,
*whether a spouse reduced the value of family property or got rid of family property to avoid sharing the property, or the full value of the property, with the other spouse, and
#any taxes owing from dividing the property.
#any taxes owing from dividing the property.


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The court can divide a spouse’s excluded property if:
The court can divide a spouse’s excluded property if:


#it can’t divide family property or family debt that is located outside British Columbia; or,
*it can’t divide family property or family debt that is located outside British Columbia, or  
#it would be "significantly unfair" not to share the excluded property because of the length of the spouses’ relationship or because of the contributions made by the spouse who doesn’t own the property.
*it would be "significantly unfair" not to share the excluded property because of the length of the spouses’ relationship or because of the contributions made by the spouse who doesn’t own the property.


====Value of property====
====Value of property====
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Under the ''Family Law Act'', the court can make orders about family property that is located outside of British Columbia, including about the:
Under the ''Family Law Act'', the court can make orders about family property that is located outside of British Columbia, including about the:


#safekeeping of the property;
*safekeeping of the property,
#right to use the property; and,
*right to use the property, and
#right to own the property.
*right to own the property.


The court can decide to divide property or family debt inside British Columbia to compensate for property outside of British Columbia, instead of trying to divide it.
The court can decide to divide property or family debt inside British Columbia to compensate for property outside of British Columbia, instead of trying to divide it.
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''Family violence'' is defined in very broad terms in s. 1 of the ''Family Law Act'', and includes obvious things like physical abuse as well as:
''Family violence'' is defined in very broad terms in s. 1 of the ''Family Law Act'', and includes obvious things like physical abuse as well as:


#sexual abuse;
*sexual abuse,
#attempts to physically or sexually abuse someone;
*attempts to physically or sexually abuse someone,
#psychological and emotional abuse, including by harassing, stalking or intimidating someone, or by restricting their liberty; and,
*psychological and emotional abuse, including by harassing, stalking or intimidating someone, or by restricting their liberty, and
#in the case of children, being exposed to family violence.
*in the case of children, being exposed to family violence.


Family violence does not include a person’s use of force to protect him- or herself, or someone else, from family violence.
Family violence does not include a person’s use of force to protect him- or herself, or someone else, from family violence.
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When family violence is an issue, parents and judges must consider an additional list of factors to assess the impact of the family violence on the child and on a person’s capacity to care for the child. The family violence factors are set out at s. 38 and include:
When family violence is an issue, parents and judges must consider an additional list of factors to assess the impact of the family violence on the child and on a person’s capacity to care for the child. The family violence factors are set out at s. 38 and include:


#the nature and severity of the family violence;
*the nature and severity of the family violence,
#the recency and frequency of the family violence;
*the recency and frequency of the family violence,
#whether the family violence is situational or part of a pattern of controlling behaviour;
*whether the family violence is situational or part of a pattern of controlling behaviour,
#whether the family violence was directed to the child and the extent to which the child was exposed to the family violence; and,
*whether the family violence was directed to the child and the extent to which the child was exposed to the family violence, and  
#the harm caused to the child’s safety and well-being.
*the harm caused to the child’s safety and well-being.


The ''Family Law Act'' also says that an agreement or order is presumed not to be in the best interests of a child unless it protects the child’s safety and well-being to the greatest extent possible.
The ''Family Law Act'' also says that an agreement or order is presumed not to be in the best interests of a child unless it protects the child’s safety and well-being to the greatest extent possible.
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The court can make an order against one family member to protect another family member. Protection orders can include orders:
The court can make an order against one family member to protect another family member. Protection orders can include orders:


#restricting contact and communications;
*restricting contact and communications,
#requiring a person to stay away from someone else’s home, school, place of employment or place of business;
*requiring a person to stay away from someone else’s home, school, place of employment or place of business,
#prohibiting stalking;
*prohibiting stalking,
#prohibiting a person from possessing weapons; and,
*prohibiting a person from possessing weapons, and
#requiring the police to remove a person from the family home.
*requiring the police to remove a person from the family home.


Protection orders remain in force for one year, unless the protection order says otherwise. Protection orders can be renewed.
Protection orders remain in force for one year, unless the protection order says otherwise. Protection orders can be renewed.
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Under the ''Family Law Act'', processes that help people resolve family law problems outside of court are called ''family dispute resolution'' processes. Family dispute resolution processes include:
Under the ''Family Law Act'', processes that help people resolve family law problems outside of court are called ''family dispute resolution'' processes. Family dispute resolution processes include:


#assistance from family justice counsellors;
*assistance from family justice counsellors,
#mediation, collaborative processes and arbitration; and,
*mediation, collaborative processes and arbitration, and
#parenting coordination.
*parenting coordination.


People can make an agreement that they <span class="noglossary">will</span> resolve a family law problem, or a family law problem that might arise in the future, using a family dispute resolution process.
People can make an agreement that they <span class="noglossary">will</span> resolve a family law problem, or a family law problem that might arise in the future, using a family dispute resolution process.
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People who are trying to resolve family law problems outside of court are required to provide each other with "full and true information". Agreements about spousal support and the division of property and debt can be set aside for a number of reasons, including if:
People who are trying to resolve family law problems outside of court are required to provide each other with "full and true information". Agreements about spousal support and the division of property and debt can be set aside for a number of reasons, including if:


#a spouse did not make full disclosure of financial information; or,
*a spouse did not make full disclosure of financial information, or
#a spouse took advantage of the other spouse’s lack of knowledge or emotional upset.
*a spouse took advantage of the other spouse’s lack of knowledge or emotional upset.


However, when full disclosure is made, agreements about spousal support and the division of property and debt that were fairly negotiated are harder to set aside under the ''Family Law Act'' than they were under the old law.
However, when full disclosure is made, agreements about spousal support and the division of property and debt that were fairly negotiated are harder to set aside under the ''Family Law Act'' than they were under the old law.
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Collaborative processes work like negotiation but involve other professionals when their participation <span class="noglossary">will</span> help the parties to reach a settlement:
Collaborative processes work like negotiation but involve other professionals when their participation <span class="noglossary">will</span> help the parties to reach a settlement:


#clinical counsellors or psychologists can be involved as ''divorce coaches,'' helping the parties work through their emotions;
*clinical counsellors or psychologists can be involved as ''divorce coaches,'' helping the parties work through their emotions,
#clinical counsellors or psychologists can be involved as ''child specialists,'' giving advice about parenting schedules and how the children are experiencing the parties’ separation; and,
*clinical counsellors or psychologists can be involved as ''child specialists,'' giving advice about parenting schedules and how the children are experiencing the parties’ separation, and
#accountants, appraisers and tax specialists can be involved to help figure out complicated financial problems.
*accountants, appraisers and tax specialists can be involved to help figure out complicated financial problems.


When a collaborative process is successful, the parties <span class="noglossary">will</span> usually sign a separation agreement to document their settlement. Separation agreements can be filed in court and be enforced like court orders.
When a collaborative process is successful, the parties <span class="noglossary">will</span> usually sign a separation agreement to document their settlement. Separation agreements can be filed in court and be enforced like court orders.
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Although arbitration can be a lot like going to court, it has a lot of advantages over court processes:
Although arbitration can be a lot like going to court, it has a lot of advantages over court processes:


#the arbitration hearing can be scheduled whenever everybody is available without having to wait on trial scheduling;
*the arbitration hearing can be scheduled whenever everybody is available without having to wait on trial scheduling,
#arbitration hearings happen in private, often in the arbitrator’s office boardroom;
*arbitration hearings happen in private, often in the arbitrator’s office boardroom,
#the parties can choose the rules of the arbitration process; and,
*the parties can choose the rules of the arbitration process, and
#the arbitrator can decide a dispute without hearing from witnesses if the parties want, for example by hearing the parties’ arguments, by reading the parties’ documents or by reading the parties’ affidavits.
*the arbitrator can decide a dispute without hearing from witnesses if the parties want, for example by hearing the parties’ arguments, by reading the parties’ documents or by reading the parties’ affidavits.


The result of an arbitration process is the arbitrator’s written award. The arbitrator’s award is private, but can be filed in court and be enforced like a court order.
The result of an arbitration process is the arbitrator’s written award. The arbitrator’s award is private, but can be filed in court and be enforced like a court order.
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Parenting coordination is only used where the parties have an agreement or a final court order about parental responsibilities, parenting time and contact, and is meant to help with:
Parenting coordination is only used where the parties have an agreement or a final court order about parental responsibilities, parenting time and contact, and is meant to help with:


#implementing the parts of the agreement or order about children;
*implementing the parts of the agreement or order about children,
#improving how the parties deal with conflict about their children; and,
*improving how the parties deal with conflict about their children, and
#improving how the parties communicate with each other.
*improving how the parties communicate with each other.


Parenting coordinators try to resolve disputes about children by helping the parties find a settlement, like a mediator. However, when a settlement cannot be reached or the dispute is urgent, the parenting coordinator may make a decision resolving the dispute, like an arbitrator.  
Parenting coordinators try to resolve disputes about children by helping the parties find a settlement, like a mediator. However, when a settlement cannot be reached or the dispute is urgent, the parenting coordinator may make a decision resolving the dispute, like an arbitrator.  
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Parenting coordinators cannot help with child support, spousal support or the division of property and debt.  
Parenting coordinators cannot help with child support, spousal support or the division of property and debt.  


==Court Processes==
==Court processes==


===Which court deals with which family law problem?===
===Which court deals with which family law problem?===
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Starting a court proceeding in one court doesn’t stop an proceeding being started in the other court, unless the claims made in the second proceeding have already been dealt with by the first court. Section 194 of the ''Family Law Act'' talks about what happens when there is a proceeding in each court:
Starting a court proceeding in one court doesn’t stop an proceeding being started in the other court, unless the claims made in the second proceeding have already been dealt with by the first court. Section 194 of the ''Family Law Act'' talks about what happens when there is a proceeding in each court:


#the making of an order by one court doesn’t stop an application in the other court, unless the application is about the same thing as the order made by the first court;
*the making of an order by one court doesn’t stop an application in the other court, unless the application is about the same thing as the order made by the first court,
#a court can refuse to deal with a claim until the claim has been dealt with by the other court; and,
*a court can refuse to deal with a claim until the claim has been dealt with by the other court, and
#the Supreme Court can consolidate a Provincial Court proceeding with its own proceeding so that both are handled as a single proceeding in the Supreme Court.
*the Supreme Court can consolidate a Provincial Court proceeding with its own proceeding so that both are handled as a single proceeding in the Supreme Court.


The Supreme Court can change a Provincial Court order to accommodate an order it is making. The Supreme Court cannot otherwise change Provincial Court orders except as the result of an appeal.
The Supreme Court can change a Provincial Court order to accommodate an order it is making. The Supreme Court cannot otherwise change Provincial Court orders except as the result of an appeal.
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