Difference between revisions of "Introduction to Family Law in British Columbia"

Jump to navigation Jump to search
m
no edit summary
(Reordered things)
m
Line 77: Line 77:
==Resolving family law problems==
==Resolving family law problems==


If you have a family problem now or might have one in the future, you have two ways to resolve that problem: you can talk to the other person and try make a decision about the problem together; or, you can ask someone else to make the decision for you. Really, there's a also a third option. You could also walk away refuse to deal with the problem, and wait to see what happens. This is a terrible way of dealing with family law problems.
If you have a family problem now, or might have one in the future, you have two ways to resolve that problem: you can talk to the other person and try make a decision about the problem together; or, you can ask someone else to make the decision for you. Really, there's also a third option. You could also walk away refuse to deal with the problem, and wait to see what happens. This is a terrible way of dealing with family law problems.


If you want to try to make a decision about the problem together, you and the other adults involved in the problem will need to agree on a resolution and your decision will usually be written down in a formal agreement. Reaching an agreement usually requires negotiation. You can negotiation face to face, or do it through lawyers. ''Mediation'' is a kind of negotiation that uses a specially-trained mediator to help people talk to each other. ''Collaborative settlement processes'' are a kind of negotiation that uses specially-trained lawyers, and sometimes people who are experts about money or experts about children, who work together to help people talk to each other.  
If you want to try to make a decision about the problem together, you and the other adults involved in the problem will need to agree on a resolution and your decision will usually be written down in a formal agreement. Reaching an agreement usually requires negotiation. You can negotiate face to face, or do it through lawyers. ''Mediation'' is a kind of negotiation that uses a specially-trained mediator to help people talk to each other and find a resolution. ''Collaborative settlement processes'' are a kind of negotiation that uses specially-trained lawyers, and sometimes people who are experts about money or experts about children, who work together to help people talk to each other.  


If you want to ask someone to make a decision about the problem, you can go to court or you can go to an arbitrator. If you ''litigate'', you will start a public court proceeding governed by the formal rules of court that will conclude months or years later with a trial before a judge, if your family problem isn't resolved before then. If you ''arbitrate'', you will start a private proceeding governed by rules you can help design that will conclude months later with a hearing before an arbitrator.  
If you want to ask someone to make a decision about the problem, you can go to court or you can go to an arbitrator. If you ''litigate'', you will start a public court proceeding governed by the formal rules of court that will conclude months or years later with a trial before a judge, if your family problem isn't resolved before then. If you ''arbitrate'', you will start a private proceeding governed by rules you can help design that will conclude months later with a hearing before an arbitrator.  


Court proceedings usually end with the judge's ''order''. Arbitration proceedings end with the arbitrator's ''award''. Negotiation usually ends with a settlement that is written down as an ''agreement'', but if you can negotiate a deal in the middle of a court proceeding, the settlement might be written down as a ''consent order''. If you negotiate a deal in the middle of an arbitration proceeding, the settlement might be written as a ''consent award''.  
Court proceedings usually end with the judge's ''order''. Arbitration proceedings end with the arbitrator's ''award''. Negotiation usually ends with a settlement that is written down as an ''agreement'', but if you can negotiate a deal in the middle of a court proceeding, the settlement might be written down as a ''consent order''. If you negotiate a deal in the middle of an arbitration proceeding, the settlement might be written as a ''consent award''. Orders, awards and agreements are for family law problems that you have now. Agreements are also used for family law problems that you might have in the future.  


'''Further reading:'''
'''Further reading:'''

Navigation menu