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Difference between revisions of "Family Violence in the Family Law Act and the Divorce Act"
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Family Violence in the Family Law Act and the Divorce Act (view source)
Revision as of 21:51, 6 March 2021
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|link = [https://www.clicklaw.bc.ca/global/search?so=r&f=Abuse+%26+family+violence family violence issues] | |link = [https://www.clicklaw.bc.ca/global/search?so=r&f=Abuse+%26+family+violence family violence issues] | ||
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Family violence is dealt with under the ''[[Family Law Act]]'' when there are questions about: | |||
* protecting an at-risk family member from another family member, and | |||
* parenting arrangements, with respect to making decisions about the arrangements that are in the best interests of a child. | |||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Look for explanations under this heading to read about recent changes to family law affecting the information provided in this section. | |||
==Family violence under the ''Family Law Act''== | ==Family violence under the ''Family Law Act''== | ||
Family violence is dealt with under the ''[[Family Law Act]]'' when there are questions about: | Family violence is dealt with under the ''[[Family Law Act]]'' when there are questions about: | ||
* protecting an at-risk family member from another family member, and/or | * protecting an at-risk family member from another family member, and/or | ||
* parenting arrangements and | * parenting arrangements and decisions about the parenting arrangements that are in the best interests of a child. | ||
Part 9 of the ''Act'' deals with protection orders that can restrain a family member from communicating with, following, or going near another family member, or from possessing weapons. These are discussed first. | Part 9 of the ''Act'' deals with protection orders that can restrain a family member from communicating with, following, or going near another family member, or from possessing weapons. These are discussed first. | ||
Part 4, Division 1 of the ''Act'' deals with care of and time with children. Sections 37 and 38 show how important family violence is as a factor to consider when assessing the ''best interests of a child'', or making an agreement or order about care of and time with children. | Part 4, Division 1 of the ''Act'' deals with care of and time with children. Sections 37 and 38 show how important family violence is as a factor to consider when assessing the ''best interests of a child'', or making an agreement or order about care of and time with children. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
The ''Family Law Act'' and, as a result of recent changes, the ''Divorce Act'' both require the court to consider the impact of coercive control and family violence when making decisions about children. | |||
===Definition of family violence=== | ===Definition of family violence=== | ||
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It should finally be cautioned that the courts take a dim view of family violence claims that have other motivations. In ''[http://canlii.ca/t/g2zjp L.S. v. G.S.]'', 2014 BCSC 187, the court said: | It should finally be cautioned that the courts take a dim view of family violence claims that have other motivations. In ''[http://canlii.ca/t/g2zjp L.S. v. G.S.]'', 2014 BCSC 187, the court said: | ||
<blockquote>More important, there is no evidence that the children have suffered any physical or emotional harm as a result of the claimant’s conduct. The provisions in the ''FLA'' relating to family violence are intended to address a serious social issue and to protect children and spouses from actual harm or danger. Their meaning and application should not be stretched to the point they become just another weapon in a largely financial war between the parties. </blockquote> | <blockquote>More important, there is no evidence that the children have suffered any physical or emotional harm as a result of the claimant’s conduct. The provisions in the ''FLA'' relating to family violence are intended to address a serious social issue and to protect children and spouses from actual harm or danger. Their meaning and application should not be stretched to the point they become just another weapon in a largely financial war between the parties. </blockquote> | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
The changes to the ''Divorce Act'' include a definition of family violence that is as broad as the definition in the ''Family Law Act'' and, like the ''Family Law Act'', include family violence in the list of best-interests factors to take into consideration when making decisions about children. | |||
==Using the ''Family Law Act'' for protection== | ==Using the ''Family Law Act'' for protection== | ||