Governing Legislation and Resources for Family Law (3:II): Difference between revisions
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Governing Legislation and Resources for Family Law (3:II) (view source)
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= June 23rd, 2024}} | ||
{{LSLAP Manual TOC|expanded = family}} | {{LSLAP Manual TOC|expanded = family}} | ||
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=== 1. Ministry of Justice – Family Law Legislation === | === 1. Ministry of Justice – Family Law Legislation === | ||
[ | [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/11025_00 Government website for the Family Law Act] | ||
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://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://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/ | *[https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/active-reviews/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/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/ | *[https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/active-reviews/family-law-act/family-law-act-questions-and-answer Questions and Answers] – perhaps the best and most concise introduction to the changes that can be found on this website. | ||
=== 2. Online Help Guide Supreme Court BC – Family Law === | === 2. Online Help Guide Supreme Court BC – Family Law === | ||
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*Note: If using this site, ensure that it is up to date with the new Provincial Court Rules. | *Note: If using this site, ensure that it is up to date with the new Provincial Court Rules. | ||
=== 4. BC Family Maintenance | === 4. BC Family Maintenance Agency (BCFMA) === | ||
Website: | Website: https://www.bcfma.ca/ | ||
*Administered by the Ministry of Human Resources, this program helps families to enforce child support and spousal support orders from ex-partners. | *Administered by the Ministry of Human Resources and previously known as the BC Family Maintenance Enforcement Program (FMEP), this program helps families to enforce child support and spousal support orders from ex-partners. Enrollment for the BCFMA can be done online or via mail. | ||
=== 5. Legal Aid BC Family Law in British Columbia === | === 5. Legal Aid BC Family Law in British Columbia === | ||
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=== 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: https:// | Website: https://laws-lois.justice.gc.ca/eng/acts/F-1.2/ | ||
''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. | ||
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=== 7. British Columbia Supreme Court Family Rules, BC Reg. 168/2009 === | === 7. British Columbia Supreme Court Family Rules, BC Reg. 168/2009 === | ||
Website: https:// | Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/169_2009_00 | ||
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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=== 8. British Columbia Provincial Family Court Rules, BC Reg. 417/98 === | === 8. British Columbia Provincial Family Court Rules, BC Reg. 417/98 === | ||
Website: https:// | Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/120_2020 | ||
These are the procedural rules that govern family law cases brought in the Provincial Court. New rules took effect May 17, 2021, which altered the procedures for BC Provincial Family Court. Please see Provincial (Family) Court Proceedings (i.e., “The Rules”) under section XV Court Procedures for specific requirements and step-by-step information. | These are the procedural rules that govern family law cases brought in the Provincial Court. New rules took effect May 17, 2021, which altered the procedures for BC Provincial Family Court. Please see Provincial (Family) Court Proceedings (i.e., “The Rules”) under section XV Court Procedures for specific requirements and step-by-step information. | ||
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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 service agency in the lower mainland. The [ | 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 [https://uwbc.ca/helpline-services/ United Way British Columbia] 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 === | ||