Difference between revisions of "Introduction to Family Law"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.boydarbitration.ca/ JP Boyd, QC], Boyd Arbitration Chambers|date= March 2021}} {{Dial-A-Law TOC|expanded = relationships}}
'''Family law''' deals with the legal issues that come up when family relationships begin and end. Marriage, separation, divorce, parenting, support, dividing property, adoption, and family violence — all fall within this area of law. Learn the basics of family law.


{{Dial-A-Law TOC|expanded = family}}
{| class="wikitable"
==What is family law?==
|align="left"|'''Alert!'''
Family law is the area of the law that deals with family issues. Most of the time, these issues involve couples that have been in a married or unmarried relationship and have now separated. Family issues can also involve people who have never been in a long-term relationship, like a couple who never dated but have a child together, and people who have never been in a romantic relationship at all, like a grandparent who would like to have time with or care for a grandchild.
This information has been updated to reflect [https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing changes to the ''Divorce Act''] that took effect on March 1, 2021.
|}
 
==What you should know==
 
===Family law deals with family issues===
Family law problems often come up when people who’ve been in a relationship separate. But family law problems can also come up for people who’ve never lived together or dated but have had a child together. They can also affect people who haven’t been in a relationship at all, like a grandparent who wants more time with their grandchild.
 
Family law applies to people in same-sex relationships the same way it does to people in opposite-sex relationships. There’s no legal difference between opposite-sex relationships and gay, lesbian, and other LGBTQ+ relationships.
 
This information provides an introduction to family law and the courts that deal with family law issues. It also explains some of the legal words and phrases used in family law.
 
===Common family law problems===
When a couple separates, they must make many decisions. For example:
 
* Does one person need financial help from the other? Can the other person afford to pay it? If so, how much can they afford to pay and for how long? This problem is about '''spousal support'''.
* Who will stay in the family home? Can everybody still live there or does someone need to move out? This problem is about the '''use of family property'''.
* How will property be divided? How will debts be shared? This problem is about '''property and debt division'''.
* If there are children, where will they live? How will decisions about their care be made? How will the parents share the children’s time? This problem is about '''parenting after separation'''.
* Does child support need to be paid? If so, which parent should pay child support and how much? This problem is about '''child support'''.
* After parents separate, can one parent move away to another town or province, with or without the children? This problem is about '''relocation'''.
 
===Different rules for different relationships===
Family law deals with all of these common family law problems and more. But not all family law problems are important to all families. It really depends on the type of relationship.  
 
Family law is about four types of relationships:


It's important to know that in British Columbia, family law applies to people in same-sex relationships exactly as it does to people in opposite-sex relationships. There is no legal difference between heterosexual relationships and gay and lesbian relationships.
* '''Married spouses'''. Married spouses are legally married and have to get '''divorced''' to end their legal relationship.
* '''Unmarried spouses'''. Unmarried spouses, also known as '''common-law partners''', have lived together in a “marriage-like relationship” for at least two years. Except when it comes to property and debt division, the term also includes people who’ve lived together for ''less than two years'' but have had a child together. Unmarried spouses ''don’t'' need a divorce to end their legal relationship. It ends when they separate.
* '''Parents'''. Parents are people who have had a child together, regardless of the nature of their relationship with each other. Parents can be married spouses, unmarried spouses, in a dating relationship, or not in a relationship with each other at all. Parents can also have had a child by adoption or assisted reproduction. Or they might have helped a family to have a child by assisted reproduction, by donating eggs or sperm, or by being a surrogate mother.
* '''Child’s caregivers'''. People who have a significant role in a child’s life but aren’t the child’s parents.


This script provides an introduction to family law, the courts that deal with family law issues and the laws about family law issues. It ends with definitions for some common legal words and phrases used in family law.
===Family law legislation===
Two different family laws may apply, depending on the type of relationship.


==Common family law problems==
====Divorce Act====
When a couple separates they have a lot of decisions to make:
The federal [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-3-2nd-supp/latest/rsc-1985-c-3-2nd-supp.html ''Divorce Act''] applies throughout Canada. This law only applies to people who are married to each other or who used to be married to each other. It talks about:
* Where will the child live? How will decisions about their care be made? How will the parents share the children’s time?
* Whether the child is entitled to ongoing financial support from a parent? If so, which parent should pay child support and in what amount?
* Does a spouse need financial support from the other spouse? Can the other spouse afford to pay it, and if so, in what amount and for how long?
* Who will stay in the family home? Can everybody still live together, or does someone need to move out?
* How will property divided? How will responsibility for debts be shared?


==Different rules for different relationships==
* divorce
Family law deals with all of these decisions and more. However, not every couple needs to deal with all of these issues. The decisions a couple has to make and the law that applies changes depending on the type of relationship the couple is in. Family law talks about four types of relationship:
* parenting after separation, including how children’s time is shared between married spouses
* child support
* spousal support
* relocation


* '''Married Spouses:''' Married couples are legally married and require a divorce to end their legal relationship.
====Family Law Act====
* '''Unmarried Spouses:''' Unmarried spouses, also called common-law spouses, have lived together in a “marriage-like relationship” for at least two years for claims about property, or for less than two years if the couple has had a child together, for claims about spousal support. Unmarried spouses don’t require a divorce to end their legal relationship. Their relationship ends is over when they separate.
The [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html ''Family Law Act''] is a BC law that applies to married spouses, unmarried spouses, parents, and children’s caregivers. It talks about:
* '''Parents:''' Parents have had a child together and can be married spouses, unmarried spouses, in a dating relationship or not in a relationship with each other at all. Parents can also be people who have had a child by adoption or assisted reproduction, or people who have helped a couple to have a child by assisted reproduction, by donating eggs or sperm, or by being a surrogate mother.
* '''Child’s Caregivers:''' People who have a significant role in a child’s life but aren’t the child’s parents.


==Family law legislation==
* parenting after separation, including how children’s time is shared between guardians and people who are not guardians
Family law involves two different laws that apply depending on the type of relationship:
* child support
* spousal support
* dividing property and debt
* relocation
* court orders that might be needed to protect people
* court orders that might be needed to protect property


*'''''Divorce Act''''': The ''Divorce Act'' is a law of the government of Canada and applies throughout Canada. The ''Divorce Act'' only applies to people who are married to each other or who used to be married to each other.
But, different parts of this law apply to different people, depending on the type of relationship:
*'''''Family Law Act''''': The ''Family Law Act'' is a law of British Columbia and applies to married spouses, unmarried spouses, parents and child’s caregivers. Not all of the ''Family Law Act'' applies to all of these relationships. The parts that talk about child support and the care of the child apply to everyone. The parts that talk about spousal support only apply to married spouses and all unmarried spouses. The parts that talk about dividing property and debt only apply to married spouses and to unmarried spouses who have lived together for at least two years.


* The parts that talk about child support and the care of children apply to everyone who is a parent or a guardian.
* The parts that talk about spousal support apply only to married and unmarried spouses.
* The parts that talk about dividing property and debt apply to married spouses as well as unmarried spouses, but only to those who’ve lived together in a marriage-like relationship ''for at least two years''.
====Understanding the legislation====
This chart shows which law applies to whom and for what purpose:
This chart shows which law applies to whom and for what purpose:
<!-- HIDING FOR DEVELOPMENT-->
{| class="wikitable"
{| class="wikitable"
!style="width: 30%" align="center"|
!style="width: 15%" align="center"|'''''Married Spouses'''''
!style="width: 15%" align="center"|'''''Unmarried Spouses'''''
!style="width: 15%" align="center"|'''''Parents'''''
!style="width: 15%" align="center"|'''''Child's Caregivers'''''
|-
|-
|align="center"|Divorce||align="center"| √ ||align="center"|  ||align="center"|  ||align="center"|
!  !! '''Married spouses''' !! '''Unmarried spouses''' !! '''Parents''' !! '''Child’s caregivers'''
|-
|-
|align="center"|Custody (''Divorce Act'')||align="center"| √ ||align="center"|   ||align="center"|   ||align="center"|  
| ''Divorce Act'' || Yes || No || No || No
|-
|-
|align="center"|Access (''Divorce Act'')||align="center"| √ ||align="center"|   ||align="center"|   ||align="center"|  
| Divorce || Yes || No || No || No
|-
|-
|align="center"|Guardianship (''Family Law Act'')||align="center"| √ ||align="center"| ||align="center"| √  ||align="center"|
| ''Family Law Act'' || Yes || Yes || Yes || Yes
|-
|-
|align="center"|Parental Responsibilities and Parenting Time (''Family Law Act'')||align="center"| ||align="center"| ||align="center"| √ ||align="center"| √
| Guardianship of children || Yes || Yes || Yes || No
|-
|-
|align="center"|Contact with a Child (''Family Law Act'')||align="center"| ||align="center"| ||align="center"| √ ||align="center"|√
| Making decisions about children || Yes || Yes || Yes || No
|-
|-
|align="center"|Child Support (''Divorce Act'')||align="center"| ||align="center"|   ||align="center"|  ||align="center"|  
| Parenting time and contact with children || Yes || Yes || Yes || Yes
|-
|-
|align="center"|Child Support (''Family Law Act'')||align="center"| √ ||align="center"| ||align="center"| ||align="center"|  
| Child support || Yes || Yes || Yes || Yes
|-
|-
|align="center"|Spousal Support (''Divorce Act'')||align="center"| √ ||align="center"|   ||align="center"|   ||align="center"|  
| Spousal support || Yes || Yes || No || No
|-
|-
|align="center"|Spousal Support (''Family Law Act'')||align="center"| ||align="center"| √ ||align="center"|  ||align="center"|  
| Dividing property and debt || Yes || Yes, for some* || No || No
|-
|-
|align="center"|Property and Debt (''Family Law Act'')||align="center"| ||align="center"| √ ||align="center"|  ||align="center"|  
| Orders protecting people || Yes || Yes || Yes || Yes
|-
|-
|align="center"|Protection Orders (''Family Law Act'')||align="center"| √ ||align="center"| ||align="center"| ||align="center"|
| Orders protecting property || Yes || Yes, for some* || No || No
|}
|}
<sup>*</sup>Orders about dividing property and debt and protecting property can come into play for unmarried spouses, but only if they've lived together in a marriage-like relationship for at least two years.


==Resolving family law issues==
===Resolving family law problems===
Family law issues can be resolved through negotiation, mediation, collaborative settlement processes and arbitration without going to court. If a couple can’t resolve these problems themselves, they may have to go to court to have a judge resolve their problems for them.
You can deal with family law problems in ways that don’t involve going to court. Options include:


==Going to court==
* '''Negotiation'''. You and your ex talk about your legal problems and try to agree on as many of those problems as possible.
There are two courts that deal with family law issues, Family Court, a division of the Provincial Court, and the Supreme Court. Family Court doesn’t charge court fees and its rules are simplified and easy to understand. The rules of the Supreme Court can be very complicated and the court charges fees to file certain documents and schedule certain hearings. However, the Supreme Court can deal with many family law issues that Family Court can’t:
* '''Mediation'''. You and your ex meet with a trained, neutral person (called a mediator) who helps you talk to each other and agree on as many of your legal problems as possible.
* '''Collaborative negotiation'''. You and your ex hire specially-trained lawyers and agree to do everything you can to resolve your legal problems without going to court.
* '''Arbitration'''. You and your ex hire a trained, neutral person (called an arbitrator) to make a decision resolving your legal problems. Hiring an arbitrator is like hiring a private judge.
* '''Parenting coordination'''. If you and your ex already have a plan about parenting, you can hire a parenting coordinator to help resolve continuing problems about parenting. A parenting coordinator is a neutral person who tries to help you agree on a resolution, like a mediator, but they can make a decision, like an arbitrator, if you can’t agree.


*'''Family Court''': Family Court can deal with issues about guardianship, child care, child support and spousal support. Family Court can only deal with issues under the ''Family Law Act''.
For more on resolving family law issues outside of court, [[Mediation, Collaborative Negotiation, and Arbitration|see our information on mediation, collaborative negotiation, and arbitration]].


*'''Supreme Court''': The Supreme Court can deal with all of these issues as well as divorce and the division of property and debt between married spouses and unmarried spouses who have lived together for at least two years. The Supreme Court can deal with issues under both the ''Divorce Act'' and the ''Family Law Act''.
If you can’t resolve your problems using these processes, you may have to go to court to have a judge make a decision.


===Going to court===
There are two courts in BC that make decisions about family law problems: Provincial Court (often called Family Court) and Supreme Court.
'''Family Court''' is a division of the Provincial Court. Family Court can deal only with some issues under the ''Family Law Act'': guardianship, parenting after separation, child support, and spousal support. It doesn’t charge court filing fees and uses simplified rules and forms. [[Provincial (Family) Court|Learn more in our information on Family Court]].
The '''Supreme Court''' can deal with all issues under the ''Family Law Act'' and all issues under the ''Divorce Act''. Its rules are complicated. Also, it charges fees to file documents and schedule certain hearings.
This chart shows which court deals with which family law problems:
{| class="wikitable"
{| class="wikitable"
!style="width: 25%" align="center"|
!style="width: 10%" align="center"|'''''Supreme Court'''''
!style="width: 10%" align="center"|'''''Family Court'''''
|-
|-
|align="center"|''Family Law Act''||align="center"| √ ||align="center"| √ 
!  !! Family Court !! Supreme Court
|-
|-
|align="center"|''Divorce Act''||align="center"| √ ||align="center"|  
| ''Divorce Act'' || No || Yes
|-
|-
|align="center"|Divorce||align="center"| √ ||align="center"|  
| Divorce || No || Yes
|-
|-
|align="center"|Custody (''Divorce Act'')||align="center"| ||align="center"|
| ''Family Law Act'' || Yes || Yes
|-
|-
|align="center"|Guardianship (''Family Law Act'')||align="center"| ||align="center"|
| Guardianship of children || Yes || Yes
|-
|-
|align="center"|Access (''Divorce Act'')||align="center"| √ ||align="center"| √
| Making decisions about children || Yes || Yes
|-
|-
|align="center"|Parental Responsibilitis and Parenting Time (''Family Law Act'')||align="center"| ||align="center"| √ 
| Parenting time and contact with children || Yes || Yes
|-
|-
|align="center"|Contact with a Child (''Family Law Act'')||align="center"| ||align="center"| √ 
| Child support || Yes || Yes
|-
|-
|align="center"|Child Support||align="center"| √ ||align="center"| √ 
| Spousal support || Yes || Yes
|-
|-
|align="center"|Spousal Support||align="center"| √ ||align="center"| √ 
| Dividing property and debt || No || Yes
|-
|-
|align="center"|Property and Debt||align="center"| √ ||align="center"| 
| Orders protecting people || Yes || Yes
|-
|-
|align="center"|Protection Orders||align="center"| √ ||align="center"|
| Orders protecting property || No || Yes
|}
|}


===Key words and phrases in family law===
Here are definitions of some key words and phrases used in family law.
'''Separation''' is the breakdown of a romantic relationship. Separation usually means at least one of the spouses has moved out. But it’s possible for people to be separated while still living under the same roof. To learn more, [[Separation and Separation Agreements|see our information on separation and separation agreements]] and [[Deciding Who Will Move Out When You Separate|deciding who will move out]].


==Family law words and phrases==
'''Divorce''' is the end of a marriage by a court order. [[Requirements for Divorce and Annulment|Here, we explain the requirements for divorce]].
Please review the following definitions of some common words ad phrases before moving to the other scripts on family law.


*'''Access''': A parent’s time with a child, usually fixed by a schedule. Access is a term used in the federal ''Divorce Act''.
'''Child''' is any person under 19, the age of majority in BC. It may include a person who is an adult child for the purposes of child support. The Divorce Act uses the term “child of the marriage” when it talks about children.  
*'''Application''': A formal request for a court order.
*'''Arbitration''': A process in which family law issues are resolved by a neutral arbitrator after a formal hearing.
*'''Case Conference''': An informal meeting with a judge to review the issues in a court case and explore options for settlement. In Family Court, a “Family Case Conference.” In the Supreme Court, a “Judicial Case Conference.”
*'''Child''': Any person under the age of 19, the age of majority in British Columbia. May include an adult child for the purposes of child support. The ''Divorce Act'' uses the term “child of the marriage.”
*'''Child Support''': Money paid by one parent to the other for the financial support of their child.
*'''Child Support Guidelines''': A federal regulation, in force throughout Canada except Quebec, that talks about how child support is calculated.
*'''Collaborative Settlement Processes''': A kind of negotiation in which the parties and their lawyers sign an agreement to do everything they can to resolve family law issues without going to court, often with the assistance of counsellors, child psychologists and financial experts.
*'''Consent Order''': An order that the parties to a court case agree the court should make.
*'''Contact with a Child''': The time a person who is not a guardian has with a child, usually fixed by a schedule. Contact is a term used in the provincial ''Family Law Act''.
*'''Court Case''': A court proceeding between two or more people. Also called an “action” or a “lawsuit”.
*'''Custody''': A parent’s right to have the child live in his or her home and to make decisions about the care of the child. Custody is a terms used in the ''Divorce Act''.
*'''Divorce''': The legal end of a marriage by a court order.
*'''''Divorce Act''''': A federal law that talks about divorce, custody of and access, child support and spousal support.
*'''Excluded Property''': Property owned by a spouse before the spouses began to live together or married, plus certain kinds of property received afterwards like gifts and inheritances, that is excluded from family property and normally remains the property of the owning spouse. Excluded property is a term used in the ''Family Law Act''.
*'''Family Debt''': Debt incurred by either or both spouses during their relationship, normally shared between both spouses. Family debt is a term used in the ''Family Law Act''.
*'''Family Property''': Property owned by one or both either or both spouses at the end of a relationship, normally shared between both spouses. Family property is a term used in the ''Family Law Act''.
*'''Family Court''': A division of the Provincial Court of British Columbia which deals with family law issues under the ''Family Law Act''.
*'''Family Justice Counsellor''': A Family Court staff member trained in mediation and available to help with issues about the care and control of the child, child support and spousal support.
*'''''Family Law Act''''': A provincial law that talks about guardianship, parenting arrangements, contact with a child, child support, spousal support and the division of property and debt.
*'''Guardianship''': The right to make parenting decisions for a child and the right to get information from and give instructions to the important people involved in a child’s life, such as teachers, doctors, counsellors and coaches. Guardianship is a term used in the ''Family Law Act''.
*'''Hearing''': A formal meeting with a judge for a conference, to argue an application or for a trial.
*'''Interim Application''': An application for an interim order.
*'''Interim Order''': An order made after a court case has begun but before it has ended by a trial or a settlement. Interim orders are temporary and last until they are changed by another interim order or until trial or settlement.
*'''Litigation''': A process for resolving a dispute through the court system, which starts with service of the court forms stating the court case and describing the legal claims and concludes with the abandonment of the court by the person who started it, a settlement or a trial.
*'''Married Spouse''': Someone who has been legally married to someone else.
*'''Mediation''': A voluntary, formal bargaining process in which the parties try to resolve a family law dispute with the assistance of a neutral mediator.
*'''Negotiation''': A voluntary, informal process in which the parties try to resolve a family law dispute by bargaining with each other.
*'''Order''': The mandatory direction of a judge.
*'''Parent''': Someone who is the natural parent of a child, the adopted parent of a child a parent by assisted reproduction, or, in certain circumstances, a donor of eggs or sperm and a surrogate mother.
*'''Parental Responsibilities''': Decisions about the upbringing and care of a child made by the child’s guardians. Parental responsibilities is a term used in the ''Family Law Act''.
*'''Parenting Arrangements''': The arrangements made in an order or agreement for parental responsibilities and parenting time. Parenting arrangements is a term used in the ''Family Law Act''.
*'''Parenting Time''': A guardian’s time with a child, usually fixed by a schedule. Parenting time is a term used in the ''Family Law Act''.
*'''Payor''': Someone who is obliged to pay child support or spousal support to someone else, the “recipient,” as a result of a court order or an agreement.
*'''Property''': Anything that has value, such as a house, a bank account, a company, clothing, the contents of the family home and any other asset.
*'''Protection Order''': An order restricting a person's behaviour for the protection of someone else. Protection order is a term used in the ''Family Law Act''.
*'''Separation''': The breakdown of a romantic relationship. Separation usually means that a couple have moved out and are living apart from each other, but it is possible to be separated and while continuing to live under the same roof.
*'''Separation Agreement''': A written agreement recording a settlement of some or all of the issues in a family law dispute.
*'''Settlement''': The resolution of a legal dispute on terms agreed to by the parties. May be recorded in a written agreement or in a consent order.
*'''Spousal Support''': Money paid by one spouse to the other, the "recipient", to help pay for that spouse’s living expenses.
*'''Spousal Support Advisory Guidelines''': An academic paper which describes mathematical formulas that can be used to calculate the amount of spousal support payable, when a spouse is entitled to receive it, and the length of time it should be paid for.
*'''Spouse''': A married spouse, under the ''Divorce Act'' the ''Family Law Act'', or an unmarried spouse, under the ''Family Law Act''.
*'''Stepparent''': Someone who is the spouse of a parent.
*'''Supreme Court''': British Columbia’s superior court which deals with family law issues under the common law, the ''Family Relations Act'' and the ''Divorce Act''.
*'''Recipient''': Someone who is entitled to receive child support or spousal support from someone else, the “payor,” as a result of a court order or written agreement.
*'''Trial''': The resolution of a court case by presenting evidence and argument to a judge.
*'''Unmarried Spouse''': A person who has lived with someone else in a marriage-like relationship for at least two years. For the purpose of claims for spousal support, includes people who have lived together for less than two years and have had a child together.
==More information:==
*See other Dial-A-Law scripts in this family series for more detail.
*See also the wikibook ''JP Boyd on Family Law'', from Courthouse Libraries BC, which provides comprehensive information about family law, including links to the rules of court and court forms, at [[JP Boyd on Family Law]].
*Check the ''Family Law Act'' available at [http://www.bclaws.ca www.bclaws.ca].
*Also check the ''Divorce Act'' at http://laws-lois.justice.gc.ca.


'''Parent''' is someone who is the birth parent of a child, the adopted parent of a child, a parent by assisted reproduction, and, in some cases, a donor of eggs or sperm, and a surrogate mother. A parent is usually, but not always, a guardian of their child.


[updated February 2015]
'''Guardian''' is someone who has the right to make decisions about children. Most of the time a parent is a guardian of their child.


'''The above was last reviewed for accuracy by JP Boyd and Anna Kurt.'''
The two main laws use different terms to talk about how parents make decisions about children. The ''Divorce Act'' talks about '''decision-making responsibility'''. This includes making all significant decisions about a child. The ''Family Law Act'' talks about '''parental responsibilities'''. This includes making significant decisions about a child and often day-to-day decisions as well.
----


[[Category:Dial-A-Law]]
'''Parenting time''' is the time a spouse or guardian has with a child. Parenting time is usually divided between spouses or guardians on a fixed schedule.


'''Contact''' is the time someone who isn’t a spouse or guardian has with a child. Contact is usually provided on a fixed schedule.


For more on these terms about parenting after separation, [[Custody and Access, Guardianship, Parenting Arrangements, and Contact|see our information on guardianship, parenting arrangements, and contact]].
'''Child support''' is money usually paid by one parent to the other to help raise their child. [[Child Support (No. 117)|Here, we explain child support]].
'''Spousal support''' is money one spouse pays to the other to help them financially after a separation or divorce. [[Spousal Support (No. 123)|Here, we explain spousal support]].
==Who can help==
===With more information===
The '''Family Law website''' from Legal Aid BC features self-help information and guides for people in family disputes.
* [https://family.legalaid.bc.ca/ Visit website]
The wikibook ''JP Boyd on Family Law'', hosted by Courthouse Libraries BC, provides comprehensive information on family law, including sample court forms and how-to information.
* [https://wiki.clicklaw.bc.ca/index.php/JP_Boyd_on_Family_Law Visit website]
===Free and low-cost legal help===
Options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help|See our information on free and low-cost legal help]].
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Latest revision as of 03:16, 13 May 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by JP Boyd, QC, Boyd Arbitration Chambers in March 2021.

Family law deals with the legal issues that come up when family relationships begin and end. Marriage, separation, divorce, parenting, support, dividing property, adoption, and family violence — all fall within this area of law. Learn the basics of family law.

Alert!

This information has been updated to reflect changes to the Divorce Act that took effect on March 1, 2021.

What you should know

Family law deals with family issues

Family law problems often come up when people who’ve been in a relationship separate. But family law problems can also come up for people who’ve never lived together or dated but have had a child together. They can also affect people who haven’t been in a relationship at all, like a grandparent who wants more time with their grandchild.

Family law applies to people in same-sex relationships the same way it does to people in opposite-sex relationships. There’s no legal difference between opposite-sex relationships and gay, lesbian, and other LGBTQ+ relationships.

This information provides an introduction to family law and the courts that deal with family law issues. It also explains some of the legal words and phrases used in family law.

Common family law problems

When a couple separates, they must make many decisions. For example:

  • Does one person need financial help from the other? Can the other person afford to pay it? If so, how much can they afford to pay and for how long? This problem is about spousal support.
  • Who will stay in the family home? Can everybody still live there or does someone need to move out? This problem is about the use of family property.
  • How will property be divided? How will debts be shared? This problem is about property and debt division.
  • If there are children, where will they live? How will decisions about their care be made? How will the parents share the children’s time? This problem is about parenting after separation.
  • Does child support need to be paid? If so, which parent should pay child support and how much? This problem is about child support.
  • After parents separate, can one parent move away to another town or province, with or without the children? This problem is about relocation.

Different rules for different relationships

Family law deals with all of these common family law problems and more. But not all family law problems are important to all families. It really depends on the type of relationship.

Family law is about four types of relationships:

  • Married spouses. Married spouses are legally married and have to get divorced to end their legal relationship.
  • Unmarried spouses. Unmarried spouses, also known as common-law partners, have lived together in a “marriage-like relationship” for at least two years. Except when it comes to property and debt division, the term also includes people who’ve lived together for less than two years but have had a child together. Unmarried spouses don’t need a divorce to end their legal relationship. It ends when they separate.
  • Parents. Parents are people who have had a child together, regardless of the nature of their relationship with each other. Parents can be married spouses, unmarried spouses, in a dating relationship, or not in a relationship with each other at all. Parents can also have had a child by adoption or assisted reproduction. Or they might have helped a family to have a child by assisted reproduction, by donating eggs or sperm, or by being a surrogate mother.
  • Child’s caregivers. People who have a significant role in a child’s life but aren’t the child’s parents.

Family law legislation

Two different family laws may apply, depending on the type of relationship.

Divorce Act

The federal Divorce Act applies throughout Canada. This law only applies to people who are married to each other or who used to be married to each other. It talks about:

  • divorce
  • parenting after separation, including how children’s time is shared between married spouses
  • child support
  • spousal support
  • relocation

Family Law Act

The Family Law Act is a BC law that applies to married spouses, unmarried spouses, parents, and children’s caregivers. It talks about:

  • parenting after separation, including how children’s time is shared between guardians and people who are not guardians
  • child support
  • spousal support
  • dividing property and debt
  • relocation
  • court orders that might be needed to protect people
  • court orders that might be needed to protect property

But, different parts of this law apply to different people, depending on the type of relationship:

  • The parts that talk about child support and the care of children apply to everyone who is a parent or a guardian.
  • The parts that talk about spousal support apply only to married and unmarried spouses.
  • The parts that talk about dividing property and debt apply to married spouses as well as unmarried spouses, but only to those who’ve lived together in a marriage-like relationship for at least two years.

Understanding the legislation

This chart shows which law applies to whom and for what purpose:

Married spouses Unmarried spouses Parents Child’s caregivers
Divorce Act Yes No No No
Divorce Yes No No No
Family Law Act Yes Yes Yes Yes
Guardianship of children Yes Yes Yes No
Making decisions about children Yes Yes Yes No
Parenting time and contact with children Yes Yes Yes Yes
Child support Yes Yes Yes Yes
Spousal support Yes Yes No No
Dividing property and debt Yes Yes, for some* No No
Orders protecting people Yes Yes Yes Yes
Orders protecting property Yes Yes, for some* No No

*Orders about dividing property and debt and protecting property can come into play for unmarried spouses, but only if they've lived together in a marriage-like relationship for at least two years.

Resolving family law problems

You can deal with family law problems in ways that don’t involve going to court. Options include:

  • Negotiation. You and your ex talk about your legal problems and try to agree on as many of those problems as possible.
  • Mediation. You and your ex meet with a trained, neutral person (called a mediator) who helps you talk to each other and agree on as many of your legal problems as possible.
  • Collaborative negotiation. You and your ex hire specially-trained lawyers and agree to do everything you can to resolve your legal problems without going to court.
  • Arbitration. You and your ex hire a trained, neutral person (called an arbitrator) to make a decision resolving your legal problems. Hiring an arbitrator is like hiring a private judge.
  • Parenting coordination. If you and your ex already have a plan about parenting, you can hire a parenting coordinator to help resolve continuing problems about parenting. A parenting coordinator is a neutral person who tries to help you agree on a resolution, like a mediator, but they can make a decision, like an arbitrator, if you can’t agree.

For more on resolving family law issues outside of court, see our information on mediation, collaborative negotiation, and arbitration.

If you can’t resolve your problems using these processes, you may have to go to court to have a judge make a decision.

Going to court

There are two courts in BC that make decisions about family law problems: Provincial Court (often called Family Court) and Supreme Court.

Family Court is a division of the Provincial Court. Family Court can deal only with some issues under the Family Law Act: guardianship, parenting after separation, child support, and spousal support. It doesn’t charge court filing fees and uses simplified rules and forms. Learn more in our information on Family Court.

The Supreme Court can deal with all issues under the Family Law Act and all issues under the Divorce Act. Its rules are complicated. Also, it charges fees to file documents and schedule certain hearings.

This chart shows which court deals with which family law problems:

Family Court Supreme Court
Divorce Act No Yes
Divorce No Yes
Family Law Act Yes Yes
Guardianship of children Yes Yes
Making decisions about children Yes Yes
Parenting time and contact with children Yes Yes
Child support Yes Yes
Spousal support Yes Yes
Dividing property and debt No Yes
Orders protecting people Yes Yes
Orders protecting property No Yes

Key words and phrases in family law

Here are definitions of some key words and phrases used in family law.

Separation is the breakdown of a romantic relationship. Separation usually means at least one of the spouses has moved out. But it’s possible for people to be separated while still living under the same roof. To learn more, see our information on separation and separation agreements and deciding who will move out.

Divorce is the end of a marriage by a court order. Here, we explain the requirements for divorce.

Child is any person under 19, the age of majority in BC. It may include a person who is an adult child for the purposes of child support. The Divorce Act uses the term “child of the marriage” when it talks about children.

Parent is someone who is the birth parent of a child, the adopted parent of a child, a parent by assisted reproduction, and, in some cases, a donor of eggs or sperm, and a surrogate mother. A parent is usually, but not always, a guardian of their child.

Guardian is someone who has the right to make decisions about children. Most of the time a parent is a guardian of their child.

The two main laws use different terms to talk about how parents make decisions about children. The Divorce Act talks about decision-making responsibility. This includes making all significant decisions about a child. The Family Law Act talks about parental responsibilities. This includes making significant decisions about a child and often day-to-day decisions as well.

Parenting time is the time a spouse or guardian has with a child. Parenting time is usually divided between spouses or guardians on a fixed schedule.

Contact is the time someone who isn’t a spouse or guardian has with a child. Contact is usually provided on a fixed schedule.

For more on these terms about parenting after separation, see our information on guardianship, parenting arrangements, and contact.

Child support is money usually paid by one parent to the other to help raise their child. Here, we explain child support.

Spousal support is money one spouse pays to the other to help them financially after a separation or divorce. Here, we explain spousal support.

Who can help

With more information

The Family Law website from Legal Aid BC features self-help information and guides for people in family disputes.

The wikibook JP Boyd on Family Law, hosted by Courthouse Libraries BC, provides comprehensive information on family law, including sample court forms and how-to information.

Free and low-cost legal help

Options for legal help include legal aid, pro bono services, legal clinics, and advocates. See our information on free and low-cost legal help.

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