Difference between revisions of "Governing Legislation and Resources for Family Law (3:II)"
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== A. Resources in Print == | == A. Resources in Print == | ||
#Continuing Legal Education Society of British Columbia, ''Family Law Sourcebook for British Columbia'' (Vancouver: Continuing Legal Education Society of British Columbia, | #Continuing Legal Education Society of British Columbia, ''Family Law Sourcebook for British Columbia'' (Vancouver: Continuing Legal Education Society of British Columbia, 2019). | ||
#*This loose-leaf sourcebook contains a thorough overview of all aspects of family law, with cites to the relevant authorities for each statement of law. | #*This loose-leaf sourcebook contains a thorough overview of all aspects of family law, with cites to the relevant authorities for each statement of law. | ||
#Continuing Legal Education Society of British Columbia, ''Annotated Family Practice | #Continuing Legal Education Society of British Columbia, ''Annotated Family Practice 2019 - 2020'' [regular updates]. (Vancouver: Continuing Legal Education Society of British Columbia, 2008). | ||
#*This is an essential resource for many family law lawyers, and is updated each year. | #*This is an essential resource for many family law lawyers, and is updated each year. | ||
#Continuing Legal Education Society of British Columbia, ''British Columbia Family Practice Manual, 5th ed.'' [regular updates] (Vancouver: Continuing Legal Education Society of British Columbia, 2011). | #Continuing Legal Education Society of British Columbia, ''British Columbia Family Practice Manual, 5th ed.'' [regular updates] (Vancouver: Continuing Legal Education Society of British Columbia, 2011). | ||
#*Loose leaf manual providing a solid how-to approach to common family law problems and processes. | #*Loose-leaf manual providing a solid how-to approach to common family law problems and processes. | ||
#Continuing Legal Education Society of British Columbia, ''Desk Order Divorce—An Annotated Guide'' (Vancouver: Continuing Legal Education Society of British Columbia, 2013). | #Continuing Legal Education Society of British Columbia, ''Desk Order Divorce—An Annotated Guide'' (Vancouver: Continuing Legal Education Society of British Columbia, 2013). | ||
#*Annotated guide to divorce, with regular updates. | #*Annotated guide to divorce, with regular updates. | ||
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=== 15. Ministry of Justice Dispute Resolution Office === | === 15. Ministry of Justice Dispute Resolution Office === | ||
Website: | Website: https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/mediation | ||
Phone (Lower Mainland): (604) 684-1300 | |||
Toll-Free (Rest of BC): 1-877-656-1300 | |||
* Develops and implements dispute resolution services and justice transformation projects with administrative tribunals, courts, government ministries and agencies and external organizations. | * Develops and implements dispute resolution services and justice transformation projects with administrative tribunals, courts, government ministries and agencies and external organizations. | ||
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Courthouse Library: (604) 660-2841 | Courthouse Library: (604) 660-2841 | ||
Scheduling: (604) 660-2853 | |||
=== 5. Supreme Court New Westminster Registry === | === 5. Supreme Court New Westminster Registry === | ||
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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'' ''[FLA]''. | :'''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'' ''[FLA]''. | ||
Amendments to the DA will come into effect on March 1, 2021. These amendments include: | |||
*Increasing focus on the best interests of the child; | |||
*Bringing definitions into alignment with the Family Law Act and focusing them on the relationship with the child. For instance, the amendments remove terms such as custody/custody order and add new terms such as parenting time/parenting order; | |||
*New provisions defining family violence and compelling courts to consider family violence in divorce proceedings. | |||
=== 2. Child, Family and Community Service Act, RSBC 1996, c 46 [CFCSA] === | === 2. Child, Family and Community Service Act, RSBC 1996, c 46 [CFCSA] === | ||
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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. | 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 | === 3. Family Maintenance Enforcement Act, RSBC 1996, c 127 [FMEA] === | ||
The enforcement of child support and spousal support orders is administered by the Family Maintenance Enforcement Program pursuant to the ''FMEA''. | |||
=== | === 4. 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'' | The ''FRA'' has been replaced by the ''FLA'' and is no longer in force except for actions that commenced before the ''FLA'' came into effect on March 18, 2013, and only in respect of property and pension division. If your case still involves the ''FRA'', please view an older version of the LSLAP manual. | ||
=== | === 5. 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. | 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. | ||
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*Expanding the toolbox to enforce family Court orders | *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'' unless the parties agree to transition their legal matter to be governed under the ''FLA''. Sections 250-255 of the ''FLA'' allow parties to transition legal matters concerning care of and time with children, property division, pension benefits, and restraining orders from the ''FRA'' to the ''FLA''. 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''. | 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'' unless the parties agree to transition their legal matter to be governed under the ''FLA''. Sections 250-255 of the ''FLA'' allow parties to transition legal matters concerning care of and time with children, property division, pension benefits, and restraining orders from the ''FRA'' to the ''FLA''. 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''. | ||
=== | === 6. Family Homes on Reserves and Matrimonial Interests or Rights Act, (SC 2013, c 20) [FHRMIRA] === | ||
Website: http://canlii.ca/t/52mbr | Website: http://canlii.ca/t/52mbr | ||
FHRMIRA came into force in 2013 and governs family law cases involving property located on Indian Reserves. FHRMIRA also incorporates the local laws of the First Nation where the Reserve is located. | ''FHRMIRA'' came into force in 2013 and governs family law cases involving property located on Indian Reserves. ''FHRMIRA'' also incorporates the local laws of the First Nation where the Reserve is located. | ||
Matters regarding the division of matrimonial interests or rights in property on Reserve may become complicated as some orders require consultation with the Band Council and with other Band Members, other than the spouses, who have an interest or right in the home. It is important to consult FHRMIRA as well as the Band’s legislation and investigate all of the potential interests in the matrimonial home when dealing with these matters. | Matters regarding the division of matrimonial interests or rights in property on Reserve may become complicated as some orders require consultation with the Band Council and with other Band Members, other than the spouses, who have an interest or right in the home. It is important to consult ''FHRMIRA'' as well as the Band’s legislation and investigate all of the potential interests in the matrimonial home when dealing with these matters. | ||
=== | === 7. British Columbia Supreme Court Family Rules, BC Reg. 169/2009 === | ||
Website: http://canlii.ca/t/8mcr | Website: http://canlii.ca/t/8mcr | ||
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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. | 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. | ||
=== | === 8. British Columbia Provincial (Family) Court Rules, BC Reg. 417/98 === | ||
Websites: http://canlii.ca/t/85pb | Websites: http://canlii.ca/t/85pb | ||
These are the procedural rules that govern family law cases brought in the Provincial Court. | These are the procedural rules that govern family law cases brought in the Provincial Court. These rules have been amended, and the changes will come into force in May 2021. | ||
== E. Referrals == | == E. Referrals == | ||