Difference between revisions of "Family Law Act Basics"

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Family Law Act Basics (view source)

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==Introduction==
==Introduction==


===Who does the ''Family Law Act'' apply to?==
===Who does the ''Family Law Act'' apply to?===


The ''Family Law Act'' is the main law on family breakdown in British Columbia. Although there is also the federal ''Divorce Act'', the ''Divorce Act'' only applies to married spouses. The ''Family Law Act'' applies to everyone in a family relationship in British Columbia, including people who:
The ''Family Law Act'' is the main law on family breakdown in British Columbia. Although there is also the federal ''Divorce Act'', the ''Divorce Act'' only applies to married spouses. The ''Family Law Act'' applies to everyone in a family relationship in British Columbia, including people who:
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#the history of the child’s care and the child’s need for stability;  
#the history of the child’s care and the child’s need for stability;  
#the child’s relationships with other important people;
#the child’s relationships with other important people;
#any court actions that are relevant to the child’s safety and well-being; and,
#any court proceedings that are relevant to the child’s safety and well-being; and,
#the impact of any family violence.
#the impact of any family violence.
 
 
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====How are children’s views heard?====
====How are children’s views heard?====


Under s. 211 of the new law, the court can order that a family justice counsellor, a social worker or another person, like a clinical counsellor or a psychologist, assess:
Under s. 211 of the ''Family Law Act'', the court can order that a family justice counsellor, a social worker or another person, like a clinical counsellor or a psychologist, assess:


#the needs of a child;
#the needs of a child;
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The ''Family Law Act'' lets people make agreements when they have a child through artificial reproduction. These agreements can say who is a parent and who isn’t. They can say that a donor of eggs or sperm is a parent, or that a surrogate mother isn’t a parent.
The ''Family Law Act'' lets people make agreements when they have a child through artificial reproduction. These agreements can say who is a parent and who isn’t. They can say that a donor of eggs or sperm is a parent, or that a surrogate mother isn’t a parent.


Under the new law, a child can have more than two parents. The courts will have to figure out how child support will work in situations like this.
Under the ''Family Law Act'', a child can have more than two parents. The courts will have to figure out how child support will work in situations like this.


===Guardianship===
===Guardianship===


The new law describes the people who are responsible for caring for a child as “guardians.” A child can have one guardian, two guardians or more than two guardians.
The ''Family Law Act'' describes the people who are responsible for caring for a child as ''guardians''. A child can have one guardian, two guardians or more than two guardians.


===Who is a guardian?===
===Who is a guardian?===
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#the court makes an order that the parent is a guardian;
#the court makes an order that the parent is a guardian;
#the parent and the child’s other guardians make an agreement that the parent is a guardian;
#the parent and the child’s other guardians make an agreement that the parent is a guardian;
#the parent “regularly cares” for the child; or,
#the parent "regularly cares" for the child; or,
#the parent is a parent because of an artificial reproduction agreement.
#the parent is a parent because of an artificial reproduction agreement.


The courts will have to figure out what “regularly cares” for a child means.
The courts will have to figure out what ''regularly cares'' for a child means.


The court can make an order that someone who isn’t a parent is the guardian of a child. The court can also make an order that someone who is a guardian is no longer a guardian. Both the Provincial Court and the Supreme Court can make orders about guardianship.
The court can make an order that someone who isn’t a parent is the guardian of a child. The court can also make an order that someone who is a guardian is no longer a guardian. Both the Provincial Court and the Supreme Court can make orders about guardianship.
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===Parental responsibilities===
===Parental responsibilities===


The different ways that guardians care for a child and the decisions guardians have to make are called “parental responsibilities.” Parental responsibilities are listed at s. 41 of the new law and include:
The different ways that guardians care for a child and the decisions guardians have to make are called ''parental responsibilities.'' Parental responsibilities are listed at s. 41 of the ''Family Law Act'' and include:


#making decisions about the day to day care of the child;
#making decisions about the day to day care of the child;
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===Parenting time and contact===
===Parenting time and contact===


The time a guardian has with a child is called “parenting time.”  During a guardian’s parenting time, the guardian is responsible for the care of the child and has the right to make day to day decisions for the child.
The time a guardian has with a child is called ''parenting time''. During a guardian’s parenting time, the guardian is responsible for the care of the child and has the right to make day to day decisions for the child.


The time that someone who isn’t a guardian has with a child is called “contact.” Parents who aren’t guardians, other relatives of a child and people who aren’t a child’s relative can have contact with the child.
The time that someone who isn’t a guardian has with a child is called ''contact''. Parents who aren’t guardians, other relatives of a child and people who aren’t a child’s relative can have contact with the child.


Agreements about parenting time and contact can be made by the child’s guardians. The court can make orders about parenting time and contact.  Both the Provincial Court and the Supreme Court can make orders about parenting time and contact.
Agreements about parenting time and contact can be made by the child’s guardians. The court can make orders about parenting time and contact.  Both the Provincial Court and the Supreme Court can make orders about parenting time and contact.
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The ''Family Law Act'' gives the court the power to enforce parenting time and contact when:
The ''Family Law Act'' gives the court the power to enforce parenting time and contact when:


#parenting time or contact has been “wrongfully withheld” from a person entitled to parenting time or contact; or,
#parenting time or contact has been "wrongfully withheld" from a person entitled to parenting time or contact; or,
#a person with parenting time or contact fails to use his or her parenting time or contact.
#a person with parenting time or contact fails to use his or her parenting time or contact.


In certain situations, it isn’t “wrongful” to withhold a child from a person entitled to parenting time or contact. Under s. 62, it isn’t wrongful to withhold a child if:
In certain situations, it isn’t "wrongful" to withhold a child from a person entitled to parenting time or contact. Under s. 62, it isn’t wrongful to withhold a child if:


#the guardian with the child believes there is a risk of family violence, or that the other person is impaired by alcohol or drugs;
#the guardian with the child believes there is a risk of family violence, or that the other person is impaired by alcohol or drugs;
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When a guardian objects, the guardian who wants to move must show the court that:
When a guardian objects, the guardian who wants to move must show the court that:


#he or she wants to move in “good faith;” and,
#he or she wants to move in "good faith"; and,
#he or she has proposed reasonable plans to preserve the child’s relationship with the child’s other guardians, people who have contact with the child and other people who have an important role in the child’s life.
#he or she has proposed reasonable plans to preserve the child’s relationship with the child’s other guardians, people who have contact with the child and other people who have an important role in the child’s life.


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When a guardian objects and the moving guardian and the objecting guardian share the child’s time equally or almost equally, the guardian who wants to move must show the court that:
When a guardian objects and the moving guardian and the objecting guardian share the child’s time equally or almost equally, the guardian who wants to move must show the court that:


#he or she wants to move in “good faith;”
#he or she wants to move in good faith;
#he or she has proposed reasonable plans to preserve the child’s relationship with the child’s other guardians, people who have contact with the child and other people who have an important role in the child’s life; and,
#he or she has proposed reasonable plans to preserve the child’s relationship with the child’s other guardians, people who have contact with the child and other people who have an important role in the child’s life; and,
#the move is in the child’s best interests.
#the move is in the child’s best interests.


“Good faith” means that the guardian wants to move isn’t planning on moving just to take the child away from another guardian, and that the move will likely improve the child’s quality of life or the guardian’s quality of life.
''Good faith'' means that the guardian wants to move isn’t planning on moving just to take the child away from another guardian, and that the move will likely improve the child’s quality of life or the guardian’s quality of life.


The courts will have to figure out what “reasonable plans” to preserve the child’s relations with other people means, and what it means to say that a proposed move is or is not in a child’s best interests.
The courts will have to figure out what "reasonable plans" to preserve the child’s relations with other people means, and what it means to say that a proposed move is or is not in a child’s best interests.


==The Law About Child Support==
==The Law About Child Support==
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All of a child’s parents and guardians are required to support the child. The person who pays child support is either a parent who is not a guardian or the guardian who the child lives with the least.
All of a child’s parents and guardians are required to support the child. The person who pays child support is either a parent who is not a guardian or the guardian who the child lives with the least.


Stepparents can also be required to pay child support. A “stepparent” is the married or unmarried spouse of a parent, as long as:
Stepparents can also be required to pay child support. A ''stepparent'' is the married or unmarried spouse of a parent, as long as:


#the spouse has contributed to the child’s costs for at least one year; and,  
#the spouse has contributed to the child’s costs for at least one year; and,  
#the claim for child support is made within one year of the spouse’s last contribution to the child’s costs.
#the claim for child support is made within one year of the spouse’s last contribution to the child’s costs.


Remember that under the ''Divorce Act'', a “stepparent” is someone who is married to a parent and “stands in the place of a parent.” This is a different legal test.
Remember that under the ''Divorce Act'', a stepparent is someone who is married to a parent and "stands in the place of a parent". This is a different legal test.


===How is the amount of child support calculated?===
===How is the amount of child support calculated?===
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#a child is 19 or older;
#a child is 19 or older;
#the payor has an income of more than $150,000 per year;
#the payor has an income of more than $150,000 per year;
#one more children live mostly with each guardian, called “split custody;”
#one more children live mostly with each guardian, called ''split custody'';
#the guardians share the children’s time equally or almost equally, called “shared custody;” or,
#the guardians share the children’s time equally or almost equally, called ''shared custody''; or,
#the payment of the tables amount would cause “undue hardship” to either the recipient or the payor.
#the payment of the tables amount would cause "undue hardship" to either the recipient or the payor.


The ''Family Law Act'' doesn’t change how any of these problems are handled. What the new law does change is the calculation of child support for guardians who are not parents and for stepparents.
The ''Family Law Act'' doesn’t change how any of these problems are handled. What the ''Family Law Act'' does change is the calculation of child support for guardians who are not parents and for stepparents.


Under the ''Family Law Act'', the child support obligations of guardians who are not parents come second to the obligations of parents. The child support obligations of stepparents come second to both parents and guardians, and the amount of support a stepparent should pay is based on:
Under the ''Family Law Act'', the child support obligations of guardians who are not parents come second to the obligations of parents. The child support obligations of stepparents come second to both parents and guardians, and the amount of support a stepparent should pay is based on:
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===Who is entitled to ask for spousal support?===
===Who is entitled to ask for spousal support?===


Only spouses can ask for spousal support. Under the ''Family Law Act'', “spouse” includes people who:
Only spouses can ask for spousal support. Under the ''Family Law Act'', ''spouse'' includes people who:


#are married to each other;
#are married to each other;
#have lived together in a “marriage-like relationship” for at least two years; and,
#have lived together in a "marriage-like relationship" for at least two years; and,
#have lived together in a marriage-like relationship for less than two years and have had a child together.
#have lived together in a marriage-like relationship for less than two years and have had a child together.


A spouse’s entitlement to spousal support is determined based on factors taken from the ''Divorce Act'', set out at section 161 of the new law.
A spouse’s entitlement to spousal support is determined based on factors taken from the ''Divorce Act'', set out at s. 161 of the ''Family Law Act''.


Remember that no one is automatically entitled to get spousal support the way a child is automatically entitled to benefit from child support. Anyone who is a “spouse” can ask for spousal support, but being able to ask doesn’t mean they’ll get it. They must also show that they are entitled to spousal support.
Remember that no one is automatically entitled to get spousal support the way a child is automatically entitled to benefit from child support. Anyone who is a spouse can ask for spousal support, but being able to ask doesn’t mean they’ll get it. They must also show that they are entitled to spousal support.


===When do claims for spousal support have to be made?===
===When do claims for spousal support have to be made?===
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Under the ''Family Law Act'':
Under the ''Family Law Act'':


#married spouses have to start a court action for spousal support within two years of the date of their divorce or the annulment of their marriage; and,
#married spouses have to start a court proceeding  for spousal support within two years of the date of their divorce or the annulment of their marriage; and,
#unmarried spouses have to start a court action for spousal support within two years of the date they separated.
#unmarried spouses have to start a proceeding for spousal support within two years of the date they separated.


Remember that there are no limits to when married spouses can ask for spousal support under the ''Divorce Act''.
Remember that there are no limits to when married spouses can ask for spousal support under the ''Divorce Act''.
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===How are the amount and duration of spousal support calculated?===
===How are the amount and duration of spousal support calculated?===


When a spouse is entitled to receive spousal support, the amount to be paid and the length of time support should be paid for, called “duration,” is determined based on factors taken from the ''Divorce Act'', set out at section 162 of the new law.   
When a spouse is entitled to receive spousal support, the amount to be paid and the length of time support should be paid for, called ''duration'', is determined based on factors taken from the ''Divorce Act'', set out at s. 162 of the ''Family Law Act''.   


The amount of spousal support to be paid and the duration that it should be paid for is often determined using the Spousal Support Advisory Guidelines. The Advisory Guidelines is not a law like the Child Support Guidelines and is not mandatory. The ''Family Law Act'' does not mention the Advisory Guidelines.
The amount of spousal support to be paid and the duration that it should be paid for is often determined using the Spousal Support Advisory Guidelines. The Advisory Guidelines is not a law like the Child Support Guidelines and is not mandatory. The ''Family Law Act'' does not mention the Advisory Guidelines.
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===Is a spouse’s conduct taken into account?===
===Is a spouse’s conduct taken into account?===


Under the ''Divorce Act'', the court is not allowed to consider a spouse’s behaviour when making an order about spousal support. The same thing is generally true under the ''Family Law Act'', except that the new law allows the court to take into account misconduct that:
Under the ''Divorce Act'', the court is not allowed to consider a spouse’s behaviour when making an order about spousal support. The same thing is generally true under the ''Family Law Act'', except that the act allows the court to take into account misconduct that:


#unreasonably prolongs a spouse’s need for support; or,
#unreasonably prolongs a spouse’s need for support; or,
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It can sometimes be very difficult to figure out when spousal support should end. The person getting support usually wants support to continue for as long as possible. The person paying support wants support to end as soon as possible. It is hard to settle on an end date if, for example, it’s not known when a spouse will finish job training, become self-sufficient or recover from an illness.  
It can sometimes be very difficult to figure out when spousal support should end. The person getting support usually wants support to continue for as long as possible. The person paying support wants support to end as soon as possible. It is hard to settle on an end date if, for example, it’s not known when a spouse will finish job training, become self-sufficient or recover from an illness.  


People often try to avoid this problem by agreeing that spousal support will be paid for now, but that will be reconsidered in the future, called a “review,” after a certain amount of time has passed or when a certain event has happened.  
People often try to avoid this problem by agreeing that spousal support will be paid for now, but that will be reconsidered in the future, called a ''review'', after a certain amount of time has passed or when a certain event has happened.  


The ''Family Law Act'' says that agreements and orders for spousal support can be reviewable. Agreements and orders for reviewable spousal support can specify:
The ''Family Law Act'' says that agreements and orders for spousal support can be reviewable. Agreements and orders for reviewable spousal support can specify:
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#the factors that will be considered at the review.
#the factors that will be considered at the review.


The new law says that a review can also be triggered when someone begins to receive a pension, even if the agreement or order for spousal support doesn’t call for the review.
The ''Family Law Act'' says that a review can also be triggered when someone begins to receive a pension, even if the agreement or order for spousal support doesn’t call for the review.


===What about if the payor dies?===
===What about if the payor dies?===
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===Who is entitled to ask to divide property and debt?===
===Who is entitled to ask to divide property and debt?===


Only spouses can ask to divide property and debt. Under the ''Family Law Act'', “spouse” includes people who:
Only spouses can ask to divide property and debt. Under the ''Family Law Act'', ''spouse'' includes people who:


#are married to each other; and,
#are married to each other; and,
#have lived together in a “marriage-like relationship” for at least two years.
#have lived together in a "marriage-like relationship" for at least two years.


Note that the people who are “spouses” for the division of property and debt are different than the people who are “spouses” for child support and spousal support.   
Note that the people who are spouses for the division of property and debt are different than the people who are spouses for child support and spousal support.   


===When do claims for the division of property and debt have to be made?===
===When do claims for the division of property and debt have to be made?===
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Under the ''Family Law Act'':
Under the ''Family Law Act'':


#married spouses have to start a court action to divide property and debt within two years of the date of their divorce or the annulment of their marriage; and,
#married spouses have to start a court proceeding  to divide property and debt within two years of the date of their divorce or the annulment of their marriage; and,
#unmarried spouses have to start a court action to divide property and debt within two years of the date they separated.
#unmarried spouses have to start a proceeding to divide property and debt within two years of the date they separated.


The two-year countdown from the date of divorce or separation stops while the spouses are trying to resolve their dispute outside of court with the help of a family justice counsellor, a mediator, a lawyer or an arbitrator.
The two-year countdown from the date of divorce or separation stops while the spouses are trying to resolve their dispute outside of court with the help of a family justice counsellor, a mediator, a lawyer or an arbitrator.
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===Excluded property===
===Excluded property===


“Excluded property” is the property each spouse has on the date they began to live together or got married, whichever was first.  Excluded property includes certain property received by each spouse during the spouses’ relationship, such as:
''Excluded property'' is the property each spouse has on the date they began to live together or got married, whichever was first.  Excluded property includes certain property received by each spouse during the spouses’ relationship, such as:


#gifts and inheritances;
#gifts and inheritances;
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===Family property===
===Family property===


“Family property” is the property either or both spouses got after the date they began to live together or got married, whichever was first. “Ordinary use for a family purpose,” the test under the old ''Family Relations Act'', doesn’t matter under the ''Family Law Act''.  Family property includes:
''Family property'' is the property either or both spouses got after the date they began to live together or got married, whichever was first. "Ordinary use for a family purpose," the test under the old ''Family Relations Act'', doesn’t matter under the ''Family Law Act''.  Family property includes:


#real estate;
#real estate;
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===Family debt===
===Family debt===


“Family debt” is all debt incurred by either spouse after the date the spouses began to live together or got married, whichever was first, up to the date of separation.
''Family debt'' is all debt incurred by either spouse after the date the spouses began to live together or got married, whichever was first, up to the date of separation.


Family debt also includes debt incurred after the date of separation if the debt was incurred for to maintain family property, like repairing the family home or paying the mortgage.
Family debt also includes debt incurred after the date of separation if the debt was incurred for to maintain family property, like repairing the family home or paying the mortgage.
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When spouses separate, they each become one-half owners of all family property as tenants in common and one-half responsible for all family debt. Under the ''Family Relations Act'', spouses didn’t become owners of family assets as tenants in common until they made a separation agreement, got divorced or the court made a declaration under s. 57. Now all it takes is separation.
When spouses separate, they each become one-half owners of all family property as tenants in common and one-half responsible for all family debt. Under the ''Family Relations Act'', spouses didn’t become owners of family assets as tenants in common until they made a separation agreement, got divorced or the court made a declaration under s. 57. Now all it takes is separation.


The court can divide family property and family debt unequally if an equal division would be “significantly unfair.” The court can take into account a number of reasons why an equal division could be significantly unfair including:
The court can divide family property and family debt unequally if an equal division would be "significantly unfair". The court can take into account a number of reasons why an equal division could be significantly unfair including:


# length of the spouses’ relationship;
# length of the spouses’ relationship;
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#any taxes owing from dividing the property.
#any taxes owing from dividing the property.


The courts will have to figure out what “significantly unfair” means. The old law doesn’t use this term.
The courts will have to figure out what "significantly unfair" means. The old law doesn’t use this term.


====Excluded property====
====Excluded property====
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#it can’t divide family property or family debt that is located outside British Columbia; or,  
#it can’t divide family property or family debt that is located outside British Columbia; or,  
#it would be “significantly unfair” not to share the excluded property because of the length of the spouses’ relationship or because of the contributions made by the spouse who doesn’t own the property.
#it would be "significantly unfair" not to share the excluded property because of the length of the spouses’ relationship or because of the contributions made by the spouse who doesn’t own the property.


====Value of property====
====Value of property====


The value of property is what a reasonable stranger would pay to buy the property in its current state. This is called the property’s “fair market value.”
The value of property is what a reasonable stranger would pay to buy the property in its current state. This is called the property’s ''fair market value''.


The date property is valued is the date of the agreement or court hearing dividing the property.
The date property is valued is the date of the agreement or court hearing dividing the property.
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===What is family violence?===
===What is family violence?===


“Family violence” is defined in very broad terms in section 1 of the new law, and includes obvious things like physical abuse as well as:
''Family violence'' is defined in very broad terms in s. 1 of the ''Family Law Act'', and includes obvious things like physical abuse as well as:


#sexual abuse;
#sexual abuse;
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To decide what is in a child’s best interests, parents and judges must consider all of the needs and circumstances of the child and a number of factors that are listed at s. 37 of the ''Family Law Act''. The best interests factors include the impact of any family violence on the child.
To decide what is in a child’s best interests, parents and judges must consider all of the needs and circumstances of the child and a number of factors that are listed at s. 37 of the ''Family Law Act''. The best interests factors include the impact of any family violence on the child.


When family violence is an issue, parents and judges must consider an additional list of factors to assess the impact of the family violence on the child and on a person’s capacity to care for the child. The family violence factors are set out at section 38 and include:
When family violence is an issue, parents and judges must consider an additional list of factors to assess the impact of the family violence on the child and on a person’s capacity to care for the child. The family violence factors are set out at s. 38 and include:


#the nature and severity of the family violence;
#the nature and severity of the family violence;
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#the harm caused to the child’s safety and well-being.
#the harm caused to the child’s safety and well-being.


The new law also says that an agreement or order is presumed not to be in the best interests of a child unless it protects the child’s safety and well-being to the greatest extent possible.
The ''Family Law Act'' also says that an agreement or order is presumed not to be in the best interests of a child unless it protects the child’s safety and well-being to the greatest extent possible.


===Protection orders===
===Protection orders===
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A person at risk of family violence, or someone on that person’s behalf, can ask the court for a protection order.  
A person at risk of family violence, or someone on that person’s behalf, can ask the court for a protection order.  


Applications for protection orders can be made without notice to anyone else, and may be made whether there is an existing family law court action or not.
Applications for protection orders can be made without notice to anyone else, and may be made whether there is an existing family law court proceeding or not.


====What happens when a protection order conflicts with another order?====
====What happens when a protection order conflicts with another order?====
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Protection orders cannot be enforced under the ''Family Law Act'' or the provincial Offence Act. They can only be enforced under s.127 of the ''Criminal Code'', which makes breach of a court order a criminal offence.
Protection orders cannot be enforced under the ''Family Law Act'' or the provincial Offence Act. They can only be enforced under s.127 of the ''Criminal Code'', which makes breach of a court order a criminal offence.


The new law directs police officers to take action to enforce a protection order, and to use reasonable force if necessary.
The ''Family Law Act'' directs police officers to take action to enforce a protection order, and to use reasonable force if necessary.


==Out of Court Processes==
==Out of Court Processes==
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===What are the alternatives to going to court?===
===What are the alternatives to going to court?===


Under the ''Family Law Act'', processes that help people resolve family law problems outside of court are called “family dispute resolution” processes. Family dispute resolution processes include:
Under the ''Family Law Act'', processes that help people resolve family law problems outside of court are called ''family dispute resolution'' processes. Family dispute resolution processes include:


#assistance from family justice counsellors;
#assistance from family justice counsellors;
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Family justice counsellors, mediators, lawyers and arbitrators are required to tell people about the different ways that family law disputes can be resolved outside of court.
Family justice counsellors, mediators, lawyers and arbitrators are required to tell people about the different ways that family law disputes can be resolved outside of court.


Lawyers are also required to certify that they have told their client about family dispute resolutions processes when they start a court action.
Lawyers are also required to certify that they have told their client about family dispute resolutions processes when they start a court proceeding.


====Duties of parties making agreements====
====Duties of parties making agreements====


People who are trying to resolve family law problems outside of court are required to provide each other with “full and true information.” Agreements about spousal support and the division of property and debt can be set aside for a number of reasons, including if:
People who are trying to resolve family law problems outside of court are required to provide each other with "full and true information". Agreements about spousal support and the division of property and debt can be set aside for a number of reasons, including if:


#a spouse did not make full disclosure of financial information; or,
#a spouse did not make full disclosure of financial information; or,
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====Suspended time limits====
====Suspended time limits====


Court actions about spousal support or the division of property and debt must normally be started within two years of the date of divorce, for married spouses, or within two years of the date of separation, for unmarried spouses. Under s. 198 of the new law, the countdown for the two-year limit stops while the spouses are involved in a family dispute resolution process with a family justice counsellor, mediator, lawyer or arbitrator.
Court proceedings about spousal support or the division of property and debt must normally be started within two years of the date of divorce, for married spouses, or within two years of the date of separation, for unmarried spouses. Under s. 198 of the ''Family Law Act'', the countdown for the two-year limit stops while the spouses are involved in a family dispute resolution process with a family justice counsellor, mediator, lawyer or arbitrator.


===Mediation===
===Mediation===
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Collaborative processes work like negotiation but involve other professionals when their participation will help the parties to reach a settlement:
Collaborative processes work like negotiation but involve other professionals when their participation will help the parties to reach a settlement:


#clinical counsellors or psychologists can be involved as “divorce coaches,” helping the parties work through their emotions;
#clinical counsellors or psychologists can be involved as ''divorce coaches,'' helping the parties work through their emotions;
#clinical counsellors or psychologists can be involved as “child specialists,” giving advice about parenting schedules and how the children are experiencing the parties’ separation; and,
#clinical counsellors or psychologists can be involved as ''child specialists,'' giving advice about parenting schedules and how the children are experiencing the parties’ separation; and,
#accountants, appraisers and tax specialists can be involved to help figure out complicated financial problems.
#accountants, appraisers and tax specialists can be involved to help figure out complicated financial problems.


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===Arbitration===
===Arbitration===


In arbitration, a person with special training, often a lawyer, resolves a family law dispute by making a decision, called an “award,” that is binding on the parties like a court order.  
In arbitration, a person with special training, often a lawyer, resolves a family law dispute by making a decision, called an ''award,'' that is binding on the parties like a court order.  


Although arbitration can be a lot like going to court, it has a lot of advantages over court processes:
Although arbitration can be a lot like going to court, it has a lot of advantages over court processes:
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Parenting coordinators try to resolve disputes about children by helping the parties find a settlement, like a mediator. However, when a settlement cannot be reached or the dispute is urgent, the parenting coordinator may make a decision resolving the dispute, like an arbitrator.  
Parenting coordinators try to resolve disputes about children by helping the parties find a settlement, like a mediator. However, when a settlement cannot be reached or the dispute is urgent, the parenting coordinator may make a decision resolving the dispute, like an arbitrator.  


A parenting coordinator’s decision is called a “determination.” Determinations can be filed in court and be enforced like court orders.
A parenting coordinator’s decision is called a ''determination.'' Determinations can be filed in court and be enforced like court orders.


Parenting coordinators cannot help with child support, spousal support or the division of property and debt.  
Parenting coordinators cannot help with child support, spousal support or the division of property and debt.  
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As a result, the Provincial Court can make declarations about the parentage of a child, but only if necessary to handle a claim within its jurisdiction. The Provincial Court can also enforce agreements and orders, but only the parts of agreements or orders that are within its jurisdiction.
As a result, the Provincial Court can make declarations about the parentage of a child, but only if necessary to handle a claim within its jurisdiction. The Provincial Court can also enforce agreements and orders, but only the parts of agreements or orders that are within its jurisdiction.


===What happens when there’s an action in each court?===
===What happens when there’s a proceeding in each court?===


Starting an action in one court doesn’t stop an action being started in the other court, unless the claims made in the second action have already been dealt with by the first court. Section 194 of the new law talks about what happens when there is an action in each court:
Starting a court proceeding in one court doesn’t stop an proceeding being started in the other court, unless the claims made in the second proceeding have already been dealt with by the first court. Section 194 of the ''Family Law Act'' talks about what happens when there is a proceeding  in each court:


#the making of an order by one court doesn’t stop an application in the other court, unless the application is about the same thing as the order made by the first court;
#the making of an order by one court doesn’t stop an application in the other court, unless the application is about the same thing as the order made by the first court;
#a court can refuse to deal with a claim until the claim has been dealt with by the other court; and,
#a court can refuse to deal with a claim until the claim has been dealt with by the other court; and,
#the Supreme Court can consolidate a Provincial Court action with its own action so that both are handled as a single action in the Supreme Court.
#the Supreme Court can consolidate a Provincial Court proceeding with its own proceeding so that both are handled as a single proceeding in the Supreme Court.


The Supreme Court can change a Provincial Court order to accommodate an order it is making. The Supreme Court cannot otherwise change Provincial Court orders except as the result of an appeal.
The Supreme Court can change a Provincial Court order to accommodate an order it is making. The Supreme Court cannot otherwise change Provincial Court orders except as the result of an appeal.
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====Guiding principles====
====Guiding principles====


The new law says that court actions should be run with as little delay and formality as possible, and in a way that promotes cooperation between parties and protects adults and children from family violence.
The ''Family Law Act'' says that court proceedings should be run with as little delay and formality as possible, and in a way that promotes cooperation between parties and protects adults and children from family violence.


The court is required to encourage parties to focus on the best interests of their children and minimize the effect of their conflict on their children.
The court is required to encourage parties to focus on the best interests of their children and minimize the effect of their conflict on their children.
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====Conduct orders====
====Conduct orders====


Under s. 222 of the ''Family Law Act'', the court may make a “conduct order” to:
Under s. 222 of the ''Family Law Act'', the court may make a ''conduct order'' to:


#encourage settlement;
#encourage settlement;
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====Case management orders====
====Case management orders====


Conduct orders include “case management orders.” Case management orders include orders:
Conduct orders include ''case management orders''. Case management orders include orders:


#striking out all or part of a claim or application;
#striking out all or part of a claim or application;
#delaying a court action while the parties participate in a family dispute resolution process; and,
#delaying a court proceeding while the parties participate in a family dispute resolution process; and,
#requiring that all other applications be heard by the same judge.
#requiring that all other applications be heard by the same judge.


===How are orders enforced?===
===How are orders enforced?===


Some orders, like orders about parenting time and contact, have their own enforcement procedures. Where an order under the ''Family Law Act'' doesn't have a specific enforcement procedure, the general enforcement provisions of the new law are used. Under s. 230, the court may enforce an order by requiring a party to:
Some orders, like orders about parenting time and contact, have their own enforcement procedures. Where an order under the ''Family Law Act'' doesn't have a specific enforcement procedure, the general enforcement provisions of the ''Family Law Act'' are used. Under s. 230, the court may enforce an order by requiring a party to:


#post security in court to guarantee his or her future good behaviour;
#post security in court to guarantee his or her future good behaviour;
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