Other Resources
Family Law, Legislation and Court Rules
There are a number of laws and rules that, together, make up the procedures that separating and divorcing couples must follow. All are available on-line.
British Columbia Laws
- The Family Relations Act is the BC law that covers child custody, guardianship, access, spousal and child support, and the division of property (including pensions)
- Division of Pensions Regulation
- The Family Maintenance Enforcement Act covers procedures for enforcing spousal and child support orders. It also outlines the powers and responsibilities of the Family Maintenance Enforcement Program to monitor, collect and enforce child and spousal support payments.
- The Interjurisdictional Support Orders Act covers procedures for applying for a support order or to change or enforce a support order if one person lives in BC and the other person lives elsewhere in Canada or in the US or another country with which BC has a reciprocal agreement.
Court Rules and Forms
- The Provincial Court (Family) Rules describe Provincial Court procedures, including how to apply for a new court order or change an existing one in Provincial Court.
- The Supreme Court (Civil) Rules describe Supreme Court procedures, including how to apply for a new court order or change an existing one in Supreme Court.
Federal Laws
- The federal Divorce Act covers divorce as well as child custody, guardianship, access, spousal and child support for married couples.
- The provincial and federal governments share responsibility for family law matters. The Department of Justice Canada's Parenting After Divorce website provides information and links to federal programs, services and legislation.
Related Legislation
- The Criminal Code of Canada authorizes the police and courts to enforce serious breaches of certain types of family court orders. For example, the Criminal Code makes it a crime for a parent to kidnap his or her child when the child's other parent has a court order for custody.
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