The new BC Family Law Act. What you need to know.

There is no easy way to summarize the new BC Family Law Act, it is unique and has new terminology. However, all persons having a family dispute, and those assisting these people, have to understand the new legislation and its regulations in great detail.  Click the headings below for a detailed discussion.

The BC Family Law Act has ushered in major changes with regard to:

1. Resolution of family disputes outside the court process through:
   • Written agreements
   • The use of parenting coordinators
   • Mediation
   • Arbitration
   • Party to Party Negotiation

2. How existing custody, guardianship and access orders are dealt with under the BC Family Law Act;
3. Best interests of a child the only consideration;As per section 37 of the BC Family Law Act, the best interests of a child is the only consideration.  Section 37 lists various criteria the court considers in the determination of a child’s best interests but there are some additional factors as well including:
   • Assessing family violence;
   • Allocation of parental responsibilities with regard to a child;
   • Guardianship of a child;
   • Contact with a child; Parenting time with a child;
   • Non-removal of a child from a specific geographical area;
   • Relocation or Mobility cases;
   • Extraprovincial court orders;
   • Hague Convention cases or international child abduction cases;
   • Child support or child maintenance;

4. Spousal support or spousal maintenance;
5. Protection orders or formerly known as personal restraining orders;
6. Guardianship under the Family Law Act.

Websites summarizing these changes can be found at:

• http://www.ag.gov.bc.ca/legislation/family-law/index.htm
• http://resources.lss.bc.ca/pdfs/pubs/Guide-to-the-New-BC-Family-Law-Act-eng.pdf
• http://www.ag.gov.bc.ca/legislation/family-law/pdf/notes-binder.pdf

NOTE: Unless indicated otherwise, all Italic notations in this website with regard to the Family Law Act are referenced to the Ministry of Justice explanations and commentary of the Family Law Act and is not legal advice.