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Resolving Family Law Problems out of Court (view source)
Revision as of 19:58, 6 March 2021
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This chapter discusses how family law problems can be resolved without going to court. It begins with a <span class="noglossary">brief</span> overview of the different out-of-court options and the different ways that settlements and agreements can be recorded. It also <span class="noglossary">reviews</span> what can happen when someone has a change of heart after an agreement has been reached. The other sections of this chapter discuss in more detail the different options for resolving matters: [[Collaborative Process|collaborative process]], [[Family Law Mediation|mediation]], [[Family Law Arbitration|arbitration]], and [[Parenting Coordination|parenting coordination]]. | This chapter discusses how family law problems can be resolved without going to court. It begins with a <span class="noglossary">brief</span> overview of the different out-of-court options and the different ways that settlements and agreements can be recorded. It also <span class="noglossary">reviews</span> what can happen when someone has a change of heart after an agreement has been reached. The other sections of this chapter discuss in more detail the different options for resolving matters: [[Collaborative Process|collaborative process]], [[Family Law Mediation|mediation]], [[Family Law Arbitration|arbitration]], and [[Parenting Coordination|parenting coordination]]. | ||
<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. | |||
==Introduction== | ==Introduction== | ||
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This change in the ''Family Law Act'' has laid the groundwork for changing the how families interact with the court system. A pilot project launched in May 2019 at the Victoria Provincial Court Registry encourages parties to resolve matters by agreement. The [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Victoria Early Resolution & Case Management Model] provides family case management earlier in the court process, and refers appropriate parties to either mediation or the collaborative process before appearing in court. | This change in the ''Family Law Act'' has laid the groundwork for changing the how families interact with the court system. A pilot project launched in May 2019 at the Victoria Provincial Court Registry encourages parties to resolve matters by agreement. The [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Victoria Early Resolution & Case Management Model] provides family case management earlier in the court process, and refers appropriate parties to either mediation or the collaborative process before appearing in court. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
As a result of recent changes that took effect on 1 March 2021, the ''Divorce Act'' now also encourages people to resolve their family law problems other than through court. | |||
==Out-of-court options== | ==Out-of-court options== | ||
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For a quick introduction on how to start arbitration, see [[How Do I Start Arbitration with My Spouse?]]. It's located in the ''How Do I?'' part of this resource, within the section, Alternatives to Court. | For a quick introduction on how to start arbitration, see [[How Do I Start Arbitration with My Spouse?]]. It's located in the ''How Do I?'' part of this resource, within the section, Alternatives to Court. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Under recent changes to the ''Family Law Act'' that took effect on 1 September 2020, the act now provides rules about the arbitration of family law disputes in addition to its rules about parenting coordination. The arbitration of family law disputes is no longer governed by the ''Arbitration Act''. | |||
===Using mediation and arbitration together=== | ===Using mediation and arbitration together=== | ||
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{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[JP Boyd]], March 6, 2021}} | ||
}} | |||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||