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Difference between revisions of "Governing Legislation and Resources for Family Law (3:II)"
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Governing Legislation and Resources for Family Law (3:II) (view source)
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NOTE: The ''DA'' does not provide for division of matrimonial assets. A person has to seek division of matrimonial assets under the ''Family Law Act''. | NOTE: The ''DA'' does not provide for division of matrimonial assets. A person has to seek division of matrimonial assets under the ''Family Law Act''. | ||
=== 2. Child, Family and Community Service Act, RSBC 1996, c 46 [CFCSA] === | |||
This Act provides for official apprehension of children (under 19 in BC) who are believed to be in need of protection or care. A hearing must be held before a judge within seven days. The hearing does not lead to any temporary or permanent custody orders, except by consent. Separate hearings are held for temporarily custodial orders and continuing custodial orders. | |||
The enforcement of '''child support and spousal support''' orders is administered by the Family Maintenance Enforcement Program. | |||
=== 3. Family Relations Act, RSBC 1996, c 128 [FRA] === | |||
The ''FRA'' has been replaced by the ''FLA'' and is no longer in force except for actions that commenced before the ''FLA'' was in effect, and only in respect of property and pension division. | |||
=== 4. Family Law Act, SBC 2011, c 25 [FLA] === | |||
The ''FLA'' came into force on March 18, 2013, and replaced the ''Family Relations Act''. The ''FLA'' places the safety and best interests of the child first when families are going through separation and divorce. It also clarifies parental responsibilities and the division of assets if relationships breakdown, addresses family violence and encourages families to resolve their disputes out of Court. | |||
Some of the main changes in the ''FLA'' include: | |||
*Shifting focus to the safety and best interests of the child | |||
*Moving from custody to guardianship and parenting arrangements | |||
*Clarifying the law on family violence and its impact on family Court decisions | |||
*Defining the responsibilities of guardians | |||
*Expanding the toolbox to enforce family Court orders | |||
Since March 18, 2013, the ''FRA'' no longer applies except only in dealing with the division of assets for proceedings which were filed before the ''FLA'' came into force. This includes cases that were commenced while the ''FRA'' was the relevant statute. Essentially, this means that child-related issues are determined by the ''FLA'', while property division issues that commenced under the ''FRA'' will continue to be governed by the ''FRA''. However, property division for cases that were started after March 18, 2013 will be governed by the ''FLA'', including actions commenced by common law spouses before the ''FLA'' came into force, if the pleadings are amended to include division of property and debt under the ''FLA''. | |||
=== 5. British Columbia Supreme Court Family Rules, BC Reg. 169/2009 === | |||
Website: http://canlii.ca/t/8mcr | |||
These are the procedural rules that govern family law cases brought in the Supreme Court. Refer to these rules for the specific procedural requirements when making family law applications. | |||
=== 6. British Columbia Provincial (Family) Court Rules, BC Reg. 417/98 === | |||
Websites: http://canlii.ca/t/85pb | |||
These are the procedural rules that govern family law cases brought in the Provincial Court. | |||
== F. Referrals == | |||
=== 1. The Non-Legal Problem === | |||
Many clients will have problems that are not strictly legal. If the client has a personal problem, refer the client to an appropriate social service agency in the lower mainland. The [http://www.bc211.ca/ Red Book] is a very useful resource for this purpose. Often, even when a client does have a legal problem, the legal remedy will not resolve all issues for that person. Be aware of this and try to get clients the help they need. | |||
=== 2. The Legal Problem === | |||
Care should be taken in making referrals. Someone has referred this person to LSLAP and the client does not want to be shoved further down the line. '''Do not refer''' unless you are sure that the agency handles such problems. Telephone to confirm information and arrange an appointment if possible (see '''Introduction & Student Guidelines''' for referral information). Always have the Supervising Lawyer check all letters and any other documents you may write for your client. | |||
