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Difference between revisions of "Family Law Arbitration"
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The ''Arbitration Act'' also applies to parenting coordination. In this dispute resolution process, the arbitrator, called a ''parenting coordinator'', tries to first settle a parenting dispute through a settlement process like mediation. If the parents cannot find consensus, the parenting coordinator acts sort of like an arbitrator and makes a written decision, called a ''determination'', resolving the dispute. The parenting coordinator's authority to resolve these dispute comes from the arbitration agreement the parents will sign, in this case called a ''parenting coordination agreement''. | The ''Arbitration Act'' also applies to parenting coordination. In this dispute resolution process, the arbitrator, called a ''parenting coordinator'', tries to first settle a parenting dispute through a settlement process like mediation. If the parents cannot find consensus, the parenting coordinator acts sort of like an arbitrator and makes a written decision, called a ''determination'', resolving the dispute. The parenting coordinator's authority to resolve these dispute comes from the arbitration agreement the parents will sign, in this case called a ''parenting coordination agreement''. | ||
As with faith-based arbitration, or any other kind of family law arbitration for that matter, the parenting coordinator cannot make determinations that are contrary to the law in British Columbia, including the federal ''[[Divorce Act]]'' | As with faith-based arbitration, or any other kind of family law arbitration for that matter, the parenting coordinator cannot make determinations that are contrary to the law in British Columbia, including the federal ''[[Divorce Act]]'' or the provincial ''[[Family Law Act]]''. The court will not uphold determinations that are contrary to the law in this province. | ||
Parenting coordinators are also restricted in the scope of the things they can make decisions about. Under s. 6(3) and (4)(a)(ix) of the [http://canlii.ca/t/8rdx Family Law Act Regulation], parenting coordinators can make determinations about parenting arrangements, contact with a child, and other issues agreed to by the parties and the parenting coordinator. However, regardless of whatever the parties and the parenting coordinator may have agreed to, a parenting coordinator cannot make decisions about: | Parenting coordinators are also restricted in the scope of the things they can make decisions about. Under s. 6(3) and (4)(a)(ix) of the [http://canlii.ca/t/8rdx Family Law Act Regulation], parenting coordinators can make determinations about parenting arrangements, contact with a child, and other issues agreed to by the parties and the parenting coordinator. However, regardless of whatever the parties and the parenting coordinator may have agreed to, a parenting coordinator cannot make decisions about: | ||