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Difference between revisions of "Introduction to Family Law in British Columbia"
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Introduction to Family Law in British Columbia (view source)
Revision as of 16:33, 21 June 2019
, 16:33, 21 June 2019→The basic law
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Legislation is made by the federal government and the provincial government. The two pieces of legislation that are the most important for family law in British Columbia are the federal ''Divorce Act'' and the provincial ''Family Law Act''. Each piece of legislation deals with different family law problems and applies to different kinds of relationships. | Legislation is made by the federal government and the provincial government. The two pieces of legislation that are the most important for family law in British Columbia are the federal ''Divorce Act'' and the provincial ''Family Law Act''. Each piece of legislation deals with different family law problems and applies to different kinds of relationships. | ||
The ''Divorce Act'' only applies to people who are married or who used to be married to each other | The ''Divorce Act'' only applies to people who are married or who used to be married to each other, including married people of the same sex. It covers: | ||
*divorce, | *divorce, | ||
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*spousal support. | *spousal support. | ||
The ''Family Law Act'' applies to married spouses, unmarried spouses, parents and unmarried | The ''Divorce Act'' is going to change a lot in 2020. Among other things, the new ''Divorce Act'' will talk about ''parenting time'' and ''contact'' instead of access, and about ''decision-making responsibility'' instead of custody. | ||
The ''Family Law Act'' applies to married spouses, unmarried spouses, parents and unmarried adults who are neither married spouses nor unmarried spouses, don't have children, and are perhaps just dating. This includes people in same sex relationships and families that involve more than two adults. This law covers: | |||
*guardianship of children, | *guardianship of children, | ||
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*orders protecting property. | *orders protecting property. | ||
Unmarried | Unmarried people and parents who aren't spouses can only use the ''[[Family Law Act]]'' to ask for orders about the care of children, child support, and orders protecting people. Married spouses and unmarried spouses can use the act to ask for orders about the care of children, child support, and orders protecting people, as well as orders about spousal support, property and debt, and 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. | 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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There is a bunch of other legislation that deals with family law problems, such as the ''[http://canlii.ca/t/84g5 Adoption Act]'' (which deals with adoption), the ''[http://canlii.ca/t/8481 Name Act]'' (which deals with changing your name and your children's names), the ''[http://canlii.ca/t/8456 Land Title Act]'' (which has to do with land and houses), and the ''[http://canlii.ca/t/84fk Vital Statistics Act]'' (which has to do with registering births, deaths, marriages, and divorces). The most important of these other laws is the [[Child Support Guidelines]]. | There is a bunch of other legislation that deals with family law problems, such as the ''[http://canlii.ca/t/84g5 Adoption Act]'' (which deals with adoption), the ''[http://canlii.ca/t/8481 Name Act]'' (which deals with changing your name and your children's names), the ''[http://canlii.ca/t/8456 Land Title Act]'' (which has to do with land and houses), and the ''[http://canlii.ca/t/84fk Vital Statistics Act]'' (which has to do with registering births, deaths, marriages, and divorces). The most important of these other laws is the [[Child Support Guidelines]]. | ||
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. | 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. | ||
'''Further reading:''' | '''Further reading:''' | ||
