Difference between revisions of "Family Law Act Basics"

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:

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.

===What is the collaborative process?===

Lawyers who have special additional training can help people resolve a family law dispute through a collaborative settlement process. When people agree to use a collaborative process, they and their lawyers sign an agreement that they <span class="noglossary">will</span> use their best efforts to resolve the dispute outside of court, and that if the parties do have to go to court they <span class="noglossary">will</span> hire new lawyers.

Collaborative processes work like negotiation but involve other professionals when their participation <span class="noglossary">will</span> 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 ''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.

When a collaborative process is successful, the parties <span class="noglossary">will</span> usually sign a separation agreement to document their settlement. Separation agreements can be filed in court and be enforced like court orders.

More information about collaborative settlement processes is available in the [[Resolving Family Law Problems out of Court]] chapter in the section on [[Collaborative Process]].

*the arbitration hearing can be scheduled whenever everybody is available without having to wait on trial scheduling,

*arbitration hearings happen in private, often in the arbitrator’s office boardroom,

*the parties can choose the rules of the arbitration process, and

*the parties can choose to have the arbitrator decide a dispute not by hearing from witnesses but by hearing the parties’ arguments, reading the parties’ documents, or reading the parties’ affidavits.

The result of an arbitration process is the arbitrator’s written award. The arbitrator’s award is private, but can be filed in court and be enforced like a court order.

Arbitration in British Columbia is governed by the ''[http://canlii.ca/t/84gc Arbitration Act]''. The ''[[Family Law Act]]'' makes a number of changes to this law to improve how it deals with family law problems.

Social workers, counsellors, psychologists, mediators, and lawyers who have special additional training can help people resolve disputes about the care of children through parenting coordination. Parenting coordinators are appointed by the parties’ agreement or by a court order, and are appointed for terms ranging from six months to two years. A parenting coordinator’s appointment can be renewed.

Parenting coordination is only used where the parties have an agreement or a final court order about parental responsibilities, parenting time and contact, and is meant to help with:

*improving how the parties deal with conflict about their children, and

*improving how the parties communicate with each other.

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.