Difference between revisions of "Family Law Act"

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The ''[http://canlii.ca/t/8q3k Family Law Act]'', SBC 2011, c 25 is a law created by the government of British Columbia that you can find, along with other provincial laws, at the website of the [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_11025_01 Queen's Printer] or on [http://canlii.ca/t/8q3k CanLII], a free website that lets you search Canadian laws and court decisions. A handy, downloadable PDF of the law is also available online through a service called [http://www.quickscribe.bc.ca/secure/pdfs/4032.pdf Quickscribe]. Both married and unmarried couples may apply for orders under this act, as well as other people who might have an interest in a child, such as a family member of the child.
{{MAGbadge
|resourcetype = an info page on
|link = [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/the-family-law-act BC's ''Family Law Act'']
}}
===The ''Family Law Act''===
The ''Family Law Act'' is a British Columbia law that you can find, along with other provincial laws, at the official government website of the [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_11025_01 Queen's Printer] or on [http://canlii.ca/t/8q3k CanLII], a free website that lets you search Canadian laws and court decisions. The ''Family Law Act'' covers these basic subjects:


Section 1 of the ''Family Law Act'' defines a ''child'' as someone who is under 19 years of age. Section 146 gives a bigger definition for child support, and defines child as including:
*determining who the parents of a child are,
*guardianship of children,
*parental responsibilities,
*parenting time and contact with children,
*moving away, with or without children,
*child support,
*managing children's property,
*spousal support,
*dividing property and debt,
*orders protecting people, and
*orders protecting property.
 
The ''Family Law Act'' applies to:
 
*''married spouses'', people who are, or were, married to each other by a marriage commissioner or a religious official licensed to perform marriages,
*''unmarried spouses'', people who live, or used to live, together in a romantic relationship,
*people who are the ''parents'' of a child together, and
*people who are the ''guardians'' of a child.
 
Unlike the ''[[Divorce Act]]'', there are no rules requiring you to live in British Columbia for a certain amount of time before you can ask the court for an order under the ''Family Law Act''.
 
Section 3 of the act says who is a "spouse:"


<blockquote><tt>a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of his or her parents or guardians</tt></blockquote>
<blockquote><tt>(1) A person is a spouse for the purposes of this Act if the person</tt></blockquote>
<blockquote><blockquote><tt>(a) is married to another person, or</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(b) has lived with another person in a marriage-like relationship, and</tt></blockquote></blockquote>
<blockquote><blockquote><blockquote><tt>(i) has done so for a continuous period of at least 2 years, or</tt></blockquote></blockquote></blockquote>
<blockquote><blockquote><blockquote><tt>(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.</tt></blockquote></blockquote></blockquote>
<blockquote><tt>(2) A spouse includes a former spouse.</tt></blockquote>


Under Part 3 of the act, a ''parent'' is presumed to be the biological father and the birth mother of a child. However, if assisted reproduction is used, parent can include:
Part 3 of the act has the rules for deciding who is a "parent." Most of the time, the parents of a child are the child's ''birth mother'' and ''biological father.'' (Section 26(2) lists the circumstances in which a man is assumed to be the biological father of a child, such as being married to the birth mother, and section 33 says when the court can order that a DNA test be conducted to determine whether a man is the biological father of a child.) When a child is conceived through assisted reproduction, a child's birth parents &mdash; depending on the arrangements people make &mdash; can include a donor of sperm, a donor of eggs, a surrogate mother and the spouse of a surrogate mother.


*up to two people who intend to have the child,
Section 1 of the act defines a ''child'' as "a person who is under 19 years of age." Section 146 expands that definition for the part of the act about child support, and says that "'child' includes a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of his or her parents or guardians." ("Other reason" usually means that the adult child is going to college or university.)
*a donor of sperm and a donor of an egg, and
*a surrogate mother.


When child support is an issue, parent can include a stepparent. Section 146 defines a stepparent as:
The same section expands the definition of ''parent'' for the purposes of child support. Under this definition, "parent" can include someone who is a ''stepparent''. A "stepparent" is "a person who is a spouse of the child's parent and lived with the child's parent and the child during the child's life."


<blockquote><tt>a person who is a spouse of the child's parent and lived with the child's parent and the child during the child's life</tt></blockquote>
Section 39 says who is assumed to be the ''guardian'' of a child:


Under s. 3, ''spouse'' includes:
<blockquote><tt>(1) While a child's parents are living together and after the child's parents separate, each parent of the child is the child's guardian.</tt></blockquote>
<blockquote><tt>(3) A parent who has never resided with the parent's child is not the child's guardian unless one of the following applies:</tt></blockquote>
<blockquote><blockquote><tt>(a) section 30 [parentage if other arrangement] applies and the person is a parent under that section;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(b) the parent and all of the child's guardians make an agreement providing that the parent is also a guardian;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(c) the parent regularly cares for the child.</tt></blockquote></blockquote>


*someone who is married to someone else,
It's important to notice that while the parents of a child are usually each a guardian of a child, this is not always the case. However, the court can make an order under section 51 of the ''Family Law Act'' to appoint a person, including a parent, as a guardian of a child.
*someone who has lived with someone else in a marriage-like relationship for at least two years,  
*except for the parts of the act about dividing property and debt, someone who has lived with someone else in a marriage-like relationship for less than two years if they have had a child together, and
*former spouses.


Under s. 39(1) of the act, a child's guardians are usually the child's parents, as long as they have lived together during the child's life. Under s. 39(3), guardians include:
Someone who is a ''guardian'' &mdash; whether or not they are a parent, a married spouse or an unmarried spouse &mdash; can ask the court for:


*people who are parents because of an assisted reproduction agreement, and
*an order about parental responsibilities for any children, and
*parents who never lived with child and other parent, as long as the parent "regularly cares" for the child.
*an order about parenting time and contact with a child.


Under the act, someone who is a parent or guardian can be required to pay child support. Someone who is a guardian has “parental responsibilities” for the child and has “parenting time” with the child. Someone who is not a guardian, has “contact” with the child.
Someone who is a ''parent'' or a ''guardian'' of a child &mdash; whether or not they are a married spouse or an unmarried spouse &mdash; can ask the court for an order that they pay or receive child support.


A ''spouse'' can be entitled to get spousal support from another spouse. Only spouses who are married or who have lived in a marriage-like relationship for at least two years are entitled to share family property and are responsible for family debt.
Someone who is a ''married spouse'' or an ''unmarried spouse'' can ask the court for:


The ''Family Law Act'' covers these subjects:
*an order that they pay or receive spousal support, and
*an order for the division of property and debt, as long as a person who is an unmarried spouse has lived with their partner for at least two years.


*parentage of children and assisted reproduction,
Anyone can ask the court for:
*guardianship of children,
 
*parental responsibilities and parenting time,
*a declaration about who the parents of a child are,
*contact with a child,
*an order that they have contact with a child,
*child support and spousal support,
*an order appointing them as the guardian of a child, and
*dividing property and debt,
*an order about the management of a child's property.
*orders to protect people, and
*orders to protect property.


''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Family Law Act'', including a chapter on [[Family Law Act Basics|''Family Law Act'' Basics]].
''[[JP Boyd on Family Law]]'' provides extensive coverage of the ''Family Law Act'', including a chapter on [[Family Law Act Basics|''Family Law Act'' Basics]].
===Links===
* [http://www.quickscribe.bc.ca/secure/pdfs/4032.pdf Downloadable PDF of the ''Family Law Act'' courtesy of Quickscribe Services Ltd.]

Latest revision as of 21:05, 12 January 2024


The Family Law Act[edit]

The Family Law Act is a British Columbia law that you can find, along with other provincial laws, at the official government website of the Queen's Printer or on CanLII, a free website that lets you search Canadian laws and court decisions. The Family Law Act covers these basic subjects:

  • determining who the parents of a child are,
  • guardianship of children,
  • parental responsibilities,
  • parenting time and contact with children,
  • moving away, with or without children,
  • child support,
  • managing children's property,
  • spousal support,
  • dividing property and debt,
  • orders protecting people, and
  • orders protecting property.

The Family Law Act applies to:

  • married spouses, people who are, or were, married to each other by a marriage commissioner or a religious official licensed to perform marriages,
  • unmarried spouses, people who live, or used to live, together in a romantic relationship,
  • people who are the parents of a child together, and
  • people who are the guardians of a child.

Unlike the Divorce Act, there are no rules requiring you to live in British Columbia for a certain amount of time before you can ask the court for an order under the Family Law Act.

Section 3 of the act says who is a "spouse:"

(1) A person is a spouse for the purposes of this Act if the person

(a) is married to another person, or

(b) has lived with another person in a marriage-like relationship, and

(i) has done so for a continuous period of at least 2 years, or

(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.

(2) A spouse includes a former spouse.

Part 3 of the act has the rules for deciding who is a "parent." Most of the time, the parents of a child are the child's birth mother and biological father. (Section 26(2) lists the circumstances in which a man is assumed to be the biological father of a child, such as being married to the birth mother, and section 33 says when the court can order that a DNA test be conducted to determine whether a man is the biological father of a child.) When a child is conceived through assisted reproduction, a child's birth parents — depending on the arrangements people make — can include a donor of sperm, a donor of eggs, a surrogate mother and the spouse of a surrogate mother.

Section 1 of the act defines a child as "a person who is under 19 years of age." Section 146 expands that definition for the part of the act about child support, and says that "'child' includes a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of his or her parents or guardians." ("Other reason" usually means that the adult child is going to college or university.)

The same section expands the definition of parent for the purposes of child support. Under this definition, "parent" can include someone who is a stepparent. A "stepparent" is "a person who is a spouse of the child's parent and lived with the child's parent and the child during the child's life."

Section 39 says who is assumed to be the guardian of a child:

(1) While a child's parents are living together and after the child's parents separate, each parent of the child is the child's guardian.

(3) A parent who has never resided with the parent's child is not the child's guardian unless one of the following applies:

(a) section 30 [parentage if other arrangement] applies and the person is a parent under that section;

(b) the parent and all of the child's guardians make an agreement providing that the parent is also a guardian;

(c) the parent regularly cares for the child.

It's important to notice that while the parents of a child are usually each a guardian of a child, this is not always the case. However, the court can make an order under section 51 of the Family Law Act to appoint a person, including a parent, as a guardian of a child.

Someone who is a guardian — whether or not they are a parent, a married spouse or an unmarried spouse — can ask the court for:

  • an order about parental responsibilities for any children, and
  • an order about parenting time and contact with a child.

Someone who is a parent or a guardian of a child — whether or not they are a married spouse or an unmarried spouse — can ask the court for an order that they pay or receive child support.

Someone who is a married spouse or an unmarried spouse can ask the court for:

  • an order that they pay or receive spousal support, and
  • an order for the division of property and debt, as long as a person who is an unmarried spouse has lived with their partner for at least two years.

Anyone can ask the court for:

  • a declaration about who the parents of a child are,
  • an order that they have contact with a child,
  • an order appointing them as the guardian of a child, and
  • an order about the management of a child's property.

JP Boyd on Family Law provides extensive coverage of the Family Law Act, including a chapter on Family Law Act Basics.