Ministry of Justice
Family Law Legislation
On Nov. 23, 2011, a new family law bill was passed in the B.C. legislature. It received Royal Assent on Nov. 24, 2011. The Family Law Act 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 break down, addresses family violence and encourages families to resolve their disputes out of court. The new act replaces the Family Relations Act.
Transition Information
The resources below have been developed to help the legal community and public transition from the Family Relations Act to the Family Law Act. They are not intended as legal advice and should not be relied upon for those purposes.
The Family Law Act is not yet in full effect. Until it is, the Family Relations Act governs family law cases in B.C. It is anticipated the Family Law Act will come fully into force in 2013.
Changes that came into effect on Royal Assent are the repeals of section 90 [obligation to support parent] and section 120.1 [property agreements] of the Family Relations Act.
The Family Law Act Explained
This document details the meaning and intention of each section of the new Family Law Act. Where the section replaces, changes or carries over a section of the Family Relations Act that information is included. Each heading links to the corresponding heading in the Family Law Act. This document can be downloaded by Part or as an entire document.
Part 14 - Repeals, Related Amendment and Consequential Amendments (Arbitration Act) |
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Table of Concordance
This table provides the corresponding section numbers between the Family Law Act and the Family Relations Act, where there is overlap. It details which Family Relations Act sections the new Family Law Act sections carry forward, in all or in part.
Questions and Answers
This document provides answers to common questions about the Family Law Act.
Questions include:
- I am already involved in a court case. Does the new act change anything for me?
- I already have a family-related agreement or court order. Do I need a new one?
- I am in a common-law relationship. What does the new Family Law Act mean for me?
- Why promote out-of-court dispute resolution for families?
- Am I a guardian of my child under the Family Law Act?
- I already have an agreement or order that says I have “sole guardianship” or “sole custody”. Does this mean that under the Family Law Act, I will be the only guardian?
- How are parenting arrangements determined?
- How does the Family Law Act ensure that parents comply with their parenting time arrangements?
- Is property division different under the new Family Law Act than under the Family Relations Act?
- What does the proposed new law do to address family violence?
- How do I get a protection order?
- What happens to my restraining order made under the Family Relations Act?
Other questions are also included in the document.
Highlights of the Legislation
Best Interests of the Child
The act makes the best interests of the child the only consideration when decisions affecting the child are made. The act expands the best interests of the child test to include:
- the history of care of the child;
- the impact of family violence on the child’s safety, security or well-being;
- the child’s views, unless it would be inappropriate to consider them; and
- any civil or criminal proceedings relevant to the child’s safety and well-being.
Settling Disputes Out of Court
The Family Law Act supports ways for parents to resolve family matters outside of the courtroom where appropriate, through agreements, mediation, parenting co-ordination and arbitration.
Addresses Family Violence
The act also increases the ability of the court to deal with family violence by:
- defining family violence;
- legislating risk factors considered in parenting cases involving violence; and
- making the safety of children a key goal of the best interests of the child test.
In addition, it creates a new type of order – a protection order – to replace the existing Family Relations Act restraining orders. Protection orders will limit contact and communication between family members where there is a safety risk.
To ensure there is a consistent and effective approach in cases where safety is at risk, breaches of protection orders under both the Family Law Act and the Child, Family and Community Services Act will be a criminal offence.
Time with a Child
The legislation helps ensure children have time with their parents by creating a range of remedies and tools for non-compliance that will ensure parents receive – and follow through on – parenting time they are given. These include participation in family dispute resolution or counselling; reimbursing expenses such as travel, child care, lost wages by the parent unable to have time with the child; and payment of a fine by the parent denying the time.
Property Division
The new Family Law Act reforms property division so that certain property, such as pre-relationship property and inheritances generally will not be divided up.
Family property now includes all property owned by one or both spouses at the date of separation unless the asset is excluded, in which case only the increase in the value of the asset during the relationship is divisible. Whether an asset is used for a family purpose will not be relevant in deciding if it is family property.
Property division applies to married spouses and to unmarried spouses who have lived in a marriage-like relationship for at least two years.
Determining Parentage
The new Family Law Act establishes a much needed framework for determining a child’s legal parents, including where assisted reproduction is used.
Consultations
The Family Relations Act had not been reviewed since being enacted in 1978. Beginning in 2006, the Ministry of Attorney General began an extensive review and broad consultations to determine how best to update this important area of law.
The review began with research into family law reform underway in other jurisdictions, as well as recommendations for reform made by family law experts. In 2007, 14 papers on family law topics were posted for public consultation. A sample of representative responses to the consultation documents were collected and made available to the public in 2009. In July 2010, the ministry issued a white paper outlining draft legislative language. The legal profession, interested parties and public provided feedback used to create the new Family Law Act.
For more information:
News release
Backgrounder
Electronic Legal Aid News (Legal Services Society)
Family Justice Services
Family Law in British Columbia provides materials to help people resolve their family law problems, current family law information and resources, and links to useful sites.Clicklaw provides user friendly, searchable access to key legal information, including information about family law. For information about Family Justice Centres around the province, click here and be sure to check Clicklaw’s HelpMap for centre locations. For information about the Parenting After Separation program, click here.
