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Difference between revisions of "Family Law Arbitration"
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<blockquote>'''Section 2:''' The act applies to commercial arbitration agreements and "any other arbitration agreement," including family law arbitration agreements. When making decisions about children, the arbitrator must consider only the best interests of the children.</blockquote> | <blockquote>'''Section 2:''' The act applies to commercial arbitration agreements and "any other arbitration agreement," including family law arbitration agreements. When making decisions about children, the arbitrator must consider only the best interests of the children.</blockquote> | ||
<blockquote>'''Section 9:''' An arbitrator can make interim awards on any of the issues identified in the arbitration agreement, such as interim awards regarding the care of children, child support, and spousal support.</blockquote> | <blockquote>'''Section 9:''' An arbitrator can make interim awards on any of the issues identified in the arbitration agreement, such as interim awards regarding the care of children, child support, and spousal support.</blockquote> | ||
<blockquote>'''Section 14:''' The final decision of an arbitrator is binding on the parties, although the arbitrator's decision can be changed or cancelled if the process or decision is procedurally defective, under | <blockquote>'''Section 14:''' The final decision of an arbitrator is binding on the parties, although the arbitrator's decision can be changed or cancelled if the process or decision is procedurally defective, under section 30, or if the decision is appealed to the court, under section 31.</blockquote> | ||
<blockquote>'''Section 23:''' "An arbitrator must adjudicate the matter before the arbitrator by reference to law unless the parties, as a term of an agreement referred to in | <blockquote>'''Section 23:''' "An arbitrator must adjudicate the matter before the arbitrator by reference to law unless the parties, as a term of an agreement referred to in section 35, agree that the matter in dispute may be decided on equitable grounds, grounds of conscience or some other basis." Awards that are inconsistent with the ''Family Law Act'' are not enforceable.</blockquote> | ||
<blockquote>'''Section 29:''' Awards in family law disputes can be enforced without first getting the court's permission.</blockquote> | <blockquote>'''Section 29:''' Awards in family law disputes can be enforced without first getting the court's permission.</blockquote> | ||
<blockquote>'''Section 30:''' The court can change an award for the same reasons that it can change a court order.</blockquote> | <blockquote>'''Section 30:''' The court can change an award for the same reasons that it can change a court order.</blockquote> | ||
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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. | 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 | Parenting coordinators are also restricted in the scope of the things they can make decisions about. Under section 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 may not make decisions about: | ||
*legal issues that are excluded by an order or a parenting coordination agreement, | *legal issues that are excluded by an order or a parenting coordination agreement, | ||