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

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*''parenting time'' or ''custody'', which includes deciding where the children <span class="noglossary">will</span> live for most of the time,  
*''parenting time'' or ''custody'', which includes deciding where the children <span class="noglossary">will</span> live for most of the time,  
*''parental responsibilities'' or ''custody'', which includes deciding how parents or guardians <span class="noglossary">will</span> make decisions about important things in the children's lives, about issues like health care and education, and
*''parental responsibilities'' or ''custody'', which includes deciding how parents or guardians <span class="noglossary">will</span> make decisions about important things in the children's lives, such as issues like health care and education, and
*''parenting time'', ''contact'' or ''access'', which are about deciding how much time each parent and sometimes other people <span class="noglossary">will</span> have with the children.
*''parenting time'', ''contact'', or ''access'', which are about deciding how much time each parent, and sometimes other people, <span class="noglossary">will</span> have with the children.


Support means money that one person pays another to help with that person's expenses. Family law problems about support include:
Support means money that one person pays another to help with that person's expenses. Family law problems about support include:


*''child support'', money that is paid to help with expenses for the children, like shelter, clothing, medical expenses and food, and
*''child support'', money that is paid to help with expenses for the children, like shelter, clothing, medical expenses, and food, and
*''spousal support'', money that is paid to help with a spouse's day-to-day living expenses, like rent, the phone bill and the electricity <span class="noglossary">bill</span>, and sometimes money that is paid to compensate a spouse for effect of decisions about work and money made during the relationship.
*''spousal support'', money that is paid to help with a spouse's day-to-day living expenses, like rent, the phone bill and the electricity <span class="noglossary">bill</span>, and sometimes money that is paid to compensate a spouse for the effect of decisions about work and money made during the relationship.


When a couple have property, sometimes including when only one person has property, they have to decide if and how that property <span class="noglossary">will</span> be shared between them. In family law, the property married spouses and unmarried spouses share is called ''family property'', generally only the property that accumulated during a relationship. Family property can include things like houses, bank accounts, businesses and cars. It can also include RRSPs and pensions. 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.
When a couple have property, sometimes including when only one person has property, they have to decide if and how that property <span class="noglossary">will</span> be shared between them. In family law, the property married spouses and unmarried spouses share is called ''family property'', generally only the property that accumulated during a relationship. Family property can include things like houses, bank accounts, businesses, and cars. It can also include RRSPs and pensions. 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.


Married spouses also have to decide about whether they want to get divorced. Divorce is the legal ending of a marriage, and only a judge can make you divorced. Most married spouses whose relationship has ended want to get divorced, but it's usually a low priority. Couples who aren't married, including unmarried spouses, never need to get divorced.
Married spouses also have to decide about whether they want to get divorced. Divorce is the legal ending of a marriage, and only a judge can make you divorced. Most married spouses whose relationship has ended want to get divorced, but it's usually a low priority. Couples who aren't married, including unmarried spouses, never need to get divorced.
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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 four main types of relationship:
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 four main types of relationship:


#'''Unmarried adults.''' Unmarried adults probably think of themselves as boyfriends and girlfriends. They may have lived together, but not for too long. Sometimes unmarried adults involved in a family law problem <span class="noglossary">will</span> have been together only for a very short while ― perhaps just long enough to make a baby.
*'''Unmarried adults.''' Unmarried adults probably think of themselves as boyfriends and girlfriends. They may have lived together, but not for too long. Sometimes unmarried adults involved in a family law problem <span class="noglossary">will</span> have been together only for a very short while ― perhaps just long enough to make a baby.
#'''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 they have had a child together.
*'''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 they have had a child together.
#'''Married spouses.''' Married spouses have been legally married, by a marriage commissioner or a religious official licensed to perform marriages, and their marriage has been registered with the government where they were married.
*'''Married spouses.''' Married spouses have been legally married by a marriage commissioner or a religious official licensed to perform marriages, and their marriage has been registered with the government where they were married.
#'''Parents.''' Parents are people who have had a baby together, sometimes including people who helped as the donor of sperm, the donor of eggs or a surrogate mother. Parents may be unmarried adults, unmarried spouses, married spouses or complete strangers. What matters is that they have a child.   
*'''Parents.''' Parents are people who have had a baby together, sometimes including people who helped as the donor of sperm, the donor of eggs, or as a surrogate mother. Parents may be unmarried adults, unmarried spouses, married spouses, or complete strangers. What matters is that they have a child.   


'''Further reading:'''
'''Further reading''' <br />
Chapters on:
Chapters on:
*[[Children in Family Law Matters]]
*[[Children in Family Law Matters]]