2,553
edits
Difference between revisions of "Introduction to Family Law"
Jump to navigation
Jump to search
→Going to court
| Line 110: | Line 110: | ||
==Going to court== | ==Going to court== | ||
There are two courts that | There are two courts in BC that make decisions about family law problems: Provincial Court (often called Family Court) and Supreme Court. | ||
Family Court is a division of the Provincial Court. Family Court can deal only with some issues under the Family Law Act: guardianship, parenting after separation, child support, and spousal support. It doesn’t charge court filing fees and uses simplified rules and forms. Learn more in our information on Family Court. | |||
The Supreme Court can deal with all issues under the Family Law Act and all issues under the Divorce Act. Its rules are complicated. Also, it charges fees to file documents and schedule certain hearings. | |||
This chart shows which court deals with which family law problems: | |||
{| class="wikitable" | {| class="wikitable" | ||
|- | |- | ||
! !! Family Court !! Supreme Court | |||
|- | |- | ||
| ''Divorce Act'' || No || Yes | |||
|- | |- | ||
| | | ''Family Law Act'' || No || Yes | ||
|- | |- | ||
| | | Guardianship of children || Yes || Yes | ||
|- | |- | ||
| | | Making decisions about children || Yes || Yes | ||
|- | |- | ||
| | | Parenting time and contact with children || Yes || Yes | ||
|- | |- | ||
| | | Child support || Yes || Yes | ||
|- | |- | ||
| | | Spousal support || Yes || Yes | ||
|- | |- | ||
| | | Dividing property and debt || No || Yes | ||
|- | |- | ||
| | | Orders protecting people || Yes || Yes | ||
|- | |- | ||
| | | Orders protecting property || No || Yes | ||
|} | |} | ||
| Line 150: | Line 145: | ||
Here are definitions of some key words and phrases used in family law. | Here are definitions of some key words and phrases used in family law. | ||
'''Separation''' is the breakdown of a romantic relationship. Separation usually means | '''Separation''' is the breakdown of a romantic relationship. Separation usually means at least one of the spouses has moved out. But it’s possible for people to be separated while still living under the same roof. To learn more, [[Separation and Separation Agreements|see our information on separation and separation agreements]] and [[Deciding Who Will Move Out When You Separate|deciding who will move out]]. | ||
'''Divorce''' is the end of a marriage by a court order. [[Requirements for Divorce and Annulment|Here, we explain the requirements for divorce]]. | |||
''' | '''Child''' is any person under 19, the age of majority in BC. It may include a person who is an adult child for the purposes of child support. The Divorce Act uses the term “child of the marriage” when it talks about children. | ||
''' | '''Parent''' is someone who is the birth parent of a child, the adopted parent of a child, a parent by assisted reproduction, and, in some cases, a donor of eggs or sperm, and a surrogate mother. A parent is usually, but not always, a guardian of their child. | ||
''' | '''Guardian''' is someone who has the right to make decisions about children. Most of the time a parent is a guardian of their child. | ||
The two main laws use different terms to talk about how parents make decisions about children. The ''Divorce Act'' talks about '''decision-making responsibility'''. This includes making all significant decisions about a child. The ''Family Law Act'' talks about '''parental responsibilities'''. This includes making significant decisions about a child and often day-to-day decisions as well. | |||
''' | '''Parenting time''' is the time a spouse or guardian has with a child. Parenting time is usually divided between spouses or guardians on a fixed schedule. | ||
'''Contact''' is the time someone who isn’t a spouse or guardian has with a child. Contact is usually provided on a fixed schedule. | |||
For more on these | For more on these terms about parenting after separation, [[Guardianship, Parenting Arrangements and Contact|see our information on guardianship, parenting arrangements, and contact]]. | ||
'''Child support''' is money paid by one parent to the other | '''Child support''' is money usually paid by one parent to the other to help raise their child. [[Child Support (No. 117)|Here, we explain child support]]. | ||
'''Spousal support''' is money one spouse pays to the other to help | '''Spousal support''' is money one spouse pays to the other to help them financially after a separation or divorce. [[Spousal Support (No. 123)|Here, we explain spousal support]]. | ||
==Get help== | ==Get help== | ||