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

Lawyers who mediate family law problems are called ''family law mediators'', and have training in mediation in addition to their training as lawyers. In the same way, lawyers who arbitrate family law problems are called ''family law arbitrators'', and have additional training in arbitration. Because there are no rules about who can and who can't call themselves a mediator or an arbitrator, you should look carefully at the mediator's or arbitrator's credentials before you agree to use that person as your mediator or arbitrator.

==Common family law problems==

Family law doesn't have much to do with unmarried couples unless they have had a child together.  

==Resolving family law problems==

Orders, awards, and separation agreements resolve the family law problems that you have now. However, agreements can also be used to address family law problems that you might have in the future. Agreements like these are usually called ''marriage agreements'' (also known as ''prenuptial agreements'' or ''prenups'') or ''cohabitation agreements'' (also known as ''living-together agreements'').  

===Family law agreements===

No matter what kind of family law agreement you have signed, each of the people involved in the agreement expect that the others <span class="noglossary">will</span> follow the agreement, and that the court <span class="noglossary">will</span> enforce the agreement if someone doesn't follow it. The court <span class="noglossary">will</span> generally respect an agreement that people signed willingly, as long as the agreement was fair and no one misled anyone else about something important, like money or property.

===The courts of British Columbia===

Over time, the terms of an order may need to be changed. If there has been an important change in your circumstances or in the circumstances of the children since an order was made, you can go back to court and ask that the order be changed to better <span class="noglossary">suit</span> the new circumstances. This is called applying to ''vary'' an order.

==The basic law==

The Child Support Guidelines set out the rules about how much child support should be paid, according to both the income of the person paying child support and the number of children child support is being paid for. For most people, the amount that should be paid is set out in a table at the end of the Guidelines. The Guidelines also set out the rules about when child support can be paid in an amount different than what the tables say should be paid.

===Parenting children===

The ''[[Family Law Act]]'' talks about these issues in very similar ways. It talks about ''guardianship'' and ''parental responsibilities'' (which is pretty much the same thing as decision-making responsibilities), ''parenting time'' (which is very close to the same thing the ''Divorce Act'' means by parenting time), and ''contact'' (which is exactly what the ''Divorce Act'' means by contact). People who are guardians, usually parents, have parental responsibilities and parenting time. Someone who isn't a guardian, which might include a parent who isn't a guardian, may have contact with a child.

===Child support===

The basic amount of child support is intended to cover most of the children's expenses. Some expenses, called ''special or extraordinary expenses'', are not covered in this basic amount. Typically, special or extraordinary expenses are expenses like daycare and orthodontics &mdash; the big, important expenses that most but not all children have. Where the children have special or extraordinary expenses, their parents usually contribute to the cost of those expenses in proportion to their incomes. For example, if one parent earns $30,000 per year and the other earns $20,000, for a total family income of $50,000, then $30,000 represents 60% of the total and so that parent pays 60% of an extraordinary expense while the other would have to pay 40%.

===Spousal support===

To get a divorce order, you have to start a court proceeding. You don't have to ask the court for anything else except a divorce, if a divorce is all you need. When a married couple agrees to get a divorce, they can get a divorce using the do-it-yourself desk order process, and they won't have to go in front of a judge, ever.

==Information for people who are new to Canada==

In Canada, you must have a court order to divorce and legally end a marriage. Religious divorces are not recognized in Canada as divorces that legally end a marriage. It is also important to know that the decisions of religious tribunals about how a separated couple <span class="noglossary">will</span> share their property or parent their children may not be recognized in British Columbia. You should, however, speak to a family law lawyer to find out whether you must follow the decision of a religious tribunal.

==Resources and links==