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Difference between revisions of "Governing Legislation and Resources for Family Law (3:II)"
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Governing Legislation and Resources for Family Law (3:II) (view source)
Revision as of 01:55, 23 August 2023
, 01:55, 23 August 2023no edit summary
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= July 7th, 2023}} | ||
{{LSLAP Manual TOC|expanded = family}} | {{LSLAP Manual TOC|expanded = family}} | ||
== A. Resources in Print == | == A. Resources in Print == | ||
#Continuing Legal Education Society of British Columbia, ''Family Law Sourcebook for British Columbia'' (Vancouver: Continuing Legal Education Society of British Columbia, | #Continuing Legal Education Society of British Columbia, ''Family Law Sourcebook for British Columbia'' (Vancouver: Continuing Legal Education Society of British Columbia, 2022). | ||
#*This loose-leaf sourcebook contains a thorough overview of all aspects of family law, with cites to the relevant authorities for each statement of law. | #*This loose-leaf sourcebook contains a thorough overview of all aspects of family law, with cites to the relevant authorities for each statement of law. | ||
#Continuing Legal Education Society of British Columbia, ''Annotated Family Practice | #Continuing Legal Education Society of British Columbia, ''Annotated Family Practice 2023 - 2024'' [regular updates]. (Vancouver: Continuing Legal Education Society of British Columbia, 2008). | ||
#*This is an essential resource for many family law lawyers, and is updated each year. | #*This is an essential resource for many family law lawyers, and is updated each year. | ||
#Continuing Legal Education Society of British Columbia, ''British Columbia Family Practice Manual, 5th ed.'' [regular updates] (Vancouver: Continuing Legal Education Society of British Columbia, 2011). | #Continuing Legal Education Society of British Columbia, ''British Columbia Family Practice Manual, 5th ed.'' [regular updates] (Vancouver: Continuing Legal Education Society of British Columbia, 2011). | ||
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#John D. Gardner and A.K. Korde, ''British Columbia Family Law: Annotated Legislation'' (Markham: Lexis Nexis Butterworths, 1984-2008). | #John D. Gardner and A.K. Korde, ''British Columbia Family Law: Annotated Legislation'' (Markham: Lexis Nexis Butterworths, 1984-2008). | ||
#*This loose leaf guide contains annotated legislation and judicial consideration of statutes pertaining to family law. Remember, it will only contain amendments up to the date of publication. | #*This loose leaf guide contains annotated legislation and judicial consideration of statutes pertaining to family law. Remember, it will only contain amendments up to the date of publication. | ||
# | #Trudi L Brown, QC, ''British Columbia Family Law Practice, 2023 Edition + E-Book'' (LexisNexis Canada, 2022). | ||
#*This loose leaf guide contains annotated legislation and judicial consideration of statutes pertaining to family law. Remember, it will only contain amendments up to the date of publication. | #*This loose leaf guide contains annotated legislation and judicial consideration of statutes pertaining to family law. Remember, it will only contain amendments up to the date of publication. | ||
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Resources that are particularly relevant include: | Resources that are particularly relevant include: | ||
*[ | *[https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/legislation-policy/fla/concordance.pdf Table of Concordance] – allows for quick cross-referencing from the ''FRA'' sections to the ''FLA'' sections. | ||
*[https:// | *[https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act/the-family-law-act-explained The Family Law Act explained] – Explains the meaning and intention of each section of the FLA as it was implemented in 2013 and provides information on where each section replaced, changed or carried over a section of the FRA. | ||
*[ | *[https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcfr-explained.pdf The Ministry of Attorney General - Provincial Court Family Rules Explained] - A document developed by the Ministry of Attorney General to support the transition to the new Provincial Court Family Rules, last updated January 2022. | ||
*[https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act/family-law-act-questions-and-answers Questions and Answers] – perhaps the best and most concise introduction to the changes that can be found on this website. | |||
=== 2. | === 2. Online Help Guide Supreme Court BC – Family Law === | ||
Website: https:// | Website: https://supremecourtbc.ca/family-law | ||
*This service provides information to help users prepare the procedural aspects of a family or civil case. | *This service provides accurate and easy to understand information to help users prepare the procedural aspects of a family or civil case. This is an educational online resource. | ||
=== 3. J.P. Boyd’s BC Family Law Web Resource === | === 3. J.P. Boyd’s BC Family Law Web Resource === | ||
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=== 5. Legal Aid BC Family Law in British Columbia === | === 5. Legal Aid BC Family Law in British Columbia === | ||
Website: | Website: https://family.legalaid.bc.ca/ | ||
*This site has general information on family law, including self-help materials, forms a client needs to file for an uncontested divorce, and step-by-step instructions for filling out the forms. It also houses web versions of Legal Services Society family law publications. ''[ | *This site has general information on family law, including self-help materials, forms a client needs to file for an uncontested divorce, and step-by-step instructions for filling out the forms. It also houses web versions of Legal Services Society family law publications. ''[https://legalaid.bc.ca/publications/pub/living-together-or-living-apart Living Together, Living Apart: Common-Law Relationships, Marriage, Separation and Divorce]'' is very useful. This publication is available in English. | ||
=== 6. British Columbia Vital Statistics Agency === | === 6. British Columbia Vital Statistics Agency === | ||
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Website: http://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice | Website: http://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice | ||
*This site provides general information about | *This site provides general information about several issues of interest to BC couples who have separated or who are about to separate. It may also be useful for guardians and other family members, such as grandparents, who may be involved in making important decisions about the family and its future. | ||
=== 8. Department of Justice Canada === | === 8. Department of Justice Canada === | ||
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Website: http://www.mysupportcalculator.ca/ | Website: http://www.mysupportcalculator.ca/ | ||
*People can use this website to calculate how much child support and spousal support they | *People can use this website to calculate how much child support and spousal support they must pay under the relevant guidelines. | ||
=== 10. British Columbia Supreme Court === | === 10. British Columbia Supreme Court === | ||
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Website: http://www.collaborativepractice.com | Website: http://www.collaborativepractice.com | ||
Website: http://www.nocourt.net (Lower Mainland) | Website: http://www.nocourt.net (Lower Mainland) | ||
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*Described as a “portal-project”, Clicklaw is a website aimed at enhancing access to justice in British Columbia by helping users to sort through the myriad of legal information and assistance that is available and find the most appropriate resources for a given situation. *Visitors are directed to user-friendly resources designed for the public by contributor organizations (including the Community Legal Assistance Society and LSLAP). | *Described as a “portal-project”, Clicklaw is a website aimed at enhancing access to justice in British Columbia by helping users to sort through the myriad of legal information and assistance that is available and find the most appropriate resources for a given situation. *Visitors are directed to user-friendly resources designed for the public by contributor organizations (including the Community Legal Assistance Society and LSLAP). | ||
=== 18 | === 18. BC Hear the Child Society === | ||
Website: http://www.hearthechild.ca | Website: http://www.hearthechild.ca | ||
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=== 3. Provincial Court Vancouver Family Duty Counsel Service === | === 3. Provincial Court Vancouver Family Duty Counsel Service === | ||
Telephone: (604) | Telephone: (604) 601-6086 | ||
*Duty counsel is also available in other cities, contact Legal | *Duty counsel is also available in other cities, contact Legal Aid BC for a current list | ||
*Legal | *Legal Aid BC, general inquiries telephone line: (604) 601-6000 | ||
*Family duty counsel services are provided primarily in person, with phone-only services available at specific locations. For contact information and hours, please call the general inquiry line above or visit: https://legalaid.bc.ca/legal_aid/familyDutyCounsel. | |||
=== 4. Supreme Court Vancouver Registry === | === 4. Supreme Court Vancouver Registry === | ||
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=== 2. Child, Family and Community Service Act, RSBC 1996, c 46 [CFCSA] === | === 2. Child, Family and Community Service Act, RSBC 1996, c 46 [CFCSA] === | ||
This Act provides for official apprehension of children (under 19 in BC) who are believed to | This Act provides for official apprehension of children (under 19 in BC) who are believed to need protection or care. A hearing must be held before a judge within seven days. The hearing does not lead to any temporary or permanent parenting time orders, except by consent. Separate hearings are held for temporary custodial orders and continuing custodial orders. | ||
=== 3. Family Maintenance Enforcement Act, RSBC 1996, c 127 [FMEA] === | === 3. Family Maintenance Enforcement Act, RSBC 1996, c 127 [FMEA] === | ||
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=== 4. Family Relations Act, RSBC 1996, c 128 [FRA] === | === 4. Family Relations Act, RSBC 1996, c 128 [FRA] === | ||
The ''FRA'' has been replaced by the ''FLA'' | The ''FRA'' has been replaced by the ''FLA'' The ''FLA'' is no longer in force except for actions that began before March 18, 2013, and only in respect of property and pension division. If your case still involves the ''FRA'', please view an older version of the LSLAP manual. | ||
=== 5. Family Law Act, SBC 2011, c 25 [FLA] === | === 5. Family Law Act, SBC 2011, c 25 [FLA] === | ||
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The ''FLA'' came into force on March 18, 2013, and replaced the ''Family Relations Act''. The ''FLA'' places the safety and best interests of the child first when families are going through separation and divorce. It also clarifies parental responsibilities and the division of assets if relationships breakdown, addresses family violence and encourages families to resolve their disputes out of Court. | The ''FLA'' came into force on March 18, 2013, and replaced the ''Family Relations Act''. The ''FLA'' places the safety and best interests of the child first when families are going through separation and divorce. It also clarifies parental responsibilities and the division of assets if relationships breakdown, addresses family violence and encourages families to resolve their disputes out of Court. | ||
Some of the main changes in the ''FLA'' include: | Some of the main changes in the ''FLA'',when compared to the ''FRA'', include: | ||
*Shifting focus to the safety and best interests of the child | *Shifting focus to the safety and best interests of the child | ||
* | *Shifting away from custody in favour of guardianship and parenting arrangements | ||
*Clarifying the law on family violence and its impact on family Court decisions | *Clarifying the law on family violence and its impact on family Court decisions | ||
*Defining the responsibilities of guardians | *Defining the responsibilities of guardians | ||
*Expanding the toolbox to enforce family Court orders | *Expanding the toolbox to enforce family Court orders | ||
Since March 18, 2013, the ''FRA'' no longer applies except | Since March 18, 2013, the ''FRA'' no longer applies except in dealing with the division of assets for proceedings which were filed before March 18, 2013. Essentially, this means that child-related issues are determined by the ''FLA'', while property division issues that commenced under the FRA (prior to March 18, 2013) will continue to be governed by the ''FRA'' unless the parties agree to transition their legal matter to be governed under the ''FLA''. Sections 250-255 of the ''FLA'' allow parties to transition legal matters concerning care of and time with children, property division, pension benefits, and restraining orders from the ''FRA'' to the ''FLA''. Property division for cases that were started after March 18, 2013 will be governed by the ''FLA'', including actions commenced by common-law spouses before the ''FLA'' came into force, if the pleadings are amended to include division of property and debt under the ''FLA''. | ||
=== 6. Family Homes on Reserves and Matrimonial Interests or Rights Act, (SC 2013, c 20) [FHRMIRA] === | === 6. Family Homes on Reserves and Matrimonial Interests or Rights Act, (SC 2013, c 20) [FHRMIRA] === | ||
Website: | Website: https://canlii.ca/t/55vcd | ||
''FHRMIRA'' came into force in 2013 and governs family law cases involving property located on First Nation Reserves. ''FHRMIRA'' also incorporates the local laws of the First Nation where the Reserve is located. | ''FHRMIRA'' came into force in 2013 and governs family law cases involving property located on First Nation Reserves. ''FHRMIRA'' also incorporates the local laws of the First Nation where the Reserve is located. | ||
Matters regarding the division of matrimonial interests or rights in property on Reserve may become complicated as some orders require consultation with the Band Council and with other Band Members, other than the spouses, who have an interest or right in the home. It is important to consult ''FHRMIRA'' as well as the Band’s legislation and investigate all | Matters regarding the division of matrimonial interests or rights in property on Reserve may become complicated as some orders require consultation with the Band Council and with other Band Members, other than the spouses, who have an interest or right in the home. It is important to consult ''FHRMIRA'' as well as the Band’s legislation and investigate all potential interests in the matrimonial home when dealing with these matters. | ||
=== 7. British Columbia Supreme Court Family Rules, BC Reg. 168/2009 === | === 7. British Columbia Supreme Court Family Rules, BC Reg. 168/2009 === | ||
Website: | Website: https://canlii.ca/t/55vfd | ||
These are the procedural rules that govern family law cases brought in the Supreme Court. Refer to these rules for the specific procedural requirements when making family law applications. | These are the procedural rules that govern family law cases brought in the Supreme Court. Refer to these rules for the specific procedural requirements when making family law applications. | ||
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=== 1. The Non-Legal Problem === | === 1. The Non-Legal Problem === | ||
Many clients will have problems that are not strictly legal. If the client has a personal problem, refer the client to an appropriate social | Many clients will have problems that are not strictly legal. If the client has a personal problem, refer the client to an appropriate social service agency in the lower mainland. The [http://www.bc211.ca/ Red Book] is a very useful resource for this purpose. Often, even when a client does have a legal problem, the legal remedy will not resolve all issues for that person. Be aware of this and try to get clients the help they need. | ||
=== 2. The Legal Problem === | === 2. The Legal Problem === | ||