Difference between revisions of "Family Law Act"

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The ''Family Law Act'' is a British Columbia law that you can find, along with other provincial laws, at the website of the [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_11025_01 Queen's Printer] or on [http://canlii.ca/t/8q3k CanLII], a free website that lets you search Canadian laws and court decisions. A handy, downloadable PDF of the law is also available online through a service called [http://www.quickscribe.bc.ca/secure/pdfs/4032.pdf Quickscribe]. The ''Family Law Act'' covers these basic subjects:
 
The ''Family Law Act'' is a British Columbia law that you can find, along with other provincial laws, at the website of the [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_11025_01 Queen's Printer] or on [http://canlii.ca/t/8q3k CanLII], a free website that lets you search Canadian laws and court decisions. A handy, downloadable PDF of the law is also available online through a service called [http://www.quickscribe.bc.ca/secure/pdfs/4032.pdf Quickscribe]. The ''Family Law Act'' covers these basic subjects:
  
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#the parentage of children;
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#determining who the parents of a child are;
 
#guardianship of children;
 
#guardianship of children;
 
#parental responsibilities;
 
#parental responsibilities;
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#orders protecting property.
 
#orders protecting property.
  
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The ''Family Law Act'' applies to ''married spouses'', people who are, or were, married to each other by a marriage commissioner or a religious official licensed to perform marriages, ''unmarried spouses'', people who live, or used to live, together in a romantic relationship, and to people who are the ''parents'' of a child together.
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The ''Family Law Act'' applies to ''married spouses'', people who are, or were, married to each other by a marriage commissioner or a religious official licensed to perform marriages, to ''unmarried spouses'', people who live, or used to live, together in a romantic relationship, and to people who are the ''parents'' of a child together.
  
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Section 3 of the act says who is a spouse:
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Section 3 of the act says who is a "spouse:"
  
 
<blockquote><tt>(1) A person is a spouse for the purposes of this Act if the person</tt></blockquote>
 
<blockquote><tt>(1) A person is a spouse for the purposes of this Act if the person</tt></blockquote>
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<blockquote><blockquote><blockquote><tt>(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.</tt></blockquote></blockquote></blockquote>
 
<blockquote><blockquote><blockquote><tt>(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.</tt></blockquote></blockquote></blockquote>
 
<blockquote><tt>(2) A spouse includes a former spouse.</tt></blockquote>
 
<blockquote><tt>(2) A spouse includes a former spouse.</tt></blockquote>
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Section 1 of the act defines a ''child'' as "a person who is under 19 years of age." Section 146 expands that definition for the part of the act about child support, and says that "'child' includes a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of his or her parents or guardians."
 
  
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to people who are parents, and  
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Part 3 of the act has the rules for deciding who is a "parent." Most of the time, the parents of a child are the child's ''birth mother'' and ''biological father.'' (Section 26(2) lists the circumstances in which man is assumed to be the biological father of a child, such as being married to the birth mother, and section 33 says when the court can order that a DNA test be conducted to determine whether a man is the biological father of a child.) When a child is conceived through assisted reproduction, a child's birth parents &mdash; depending on the arrangements people make &mdash; can include a donor of sperm, a donor of eggs, a surrogate mother and the spouse of a surrogate mother.
  
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and to other people who might have an interest in a child, such as a family member.
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Section 1 of the act defines a ''child'' as "a person who is under 19 years of age." Section 146 expands that definition for the part of the act about child support, and says that "'child' includes a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of his or her parents or guardians." "Other reason" usually means that the adult child is going to college or university.
  
 +
The same section expands the definition of ''parent'' for the purposes of child support. Under this definition "parent" can include someone who is a ''stepparent''. A "stepparent" is "a person who is a spouse of the child's parent and lived with the child's parent and the child during the child's life."
  
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+
The other important
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Section 1 of the ''Family Law Act'' defines a ''child'' as someone who is under 19 years of age. Section 146 gives a bigger definition of "child" when making decisions about child support. That section defines ''child'' as including:
 
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<blockquote><tt>a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of his or her parents or guardians</tt></blockquote>
 
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Under Part 3 of the act, a ''parent'' is presumed to be the biological father and the birth mother of a child. However, if assisted reproduction is used, ''parent'' can include:
 
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*up to two people who intend to have the child,
 
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*a donor of sperm and a donor of an egg,
 
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*a surrogate mother, and
 
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*a spouse of a surrogate mother.
 
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When child support is an issue, ''parent'' can include a stepparent. Section 146 defines a ''stepparent'' as:
 
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<blockquote><tt>a person who is a spouse of the child's parent and lived with the child's parent and the child during the child's life</tt></blockquote>
 
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Under section 3, ''spouse'' includes:
 
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*someone who is married to someone else,
 
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*someone who has lived with someone else in a marriage-like relationship for at least two years,
 
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*except for the parts of the act about dividing property and debt, someone who has lived with someone else in a marriage-like relationship for less than two years if they have had a child together, and
 
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*people who used to be spouses.
 
  
 
Under section 39(1) of the act, a child's guardians are usually the child's parents, as long as they have lived together during the child's life. Under section 39(3), guardians include:
 
Under section 39(1) of the act, a child's guardians are usually the child's parents, as long as they have lived together during the child's life. Under section 39(3), guardians include:

Revision as of 19:06, 16 February 2020

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Legal Aid BC's
Family Law in BC website
has FAQs about
BC's Family Law Act.


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Quickscribe Services Ltd
has a downloadable PDF of
the Family Law Act
.

The Family Law Act

The Family Law Act is a British Columbia law that you can find, along with other provincial laws, at the website of the Queen's Printer or on CanLII, a free website that lets you search Canadian laws and court decisions. A handy, downloadable PDF of the law is also available online through a service called Quickscribe. The Family Law Act covers these basic subjects:

  1. determining who the parents of a child are;
  2. guardianship of children;
  3. parental responsibilities;
  4. parenting time and contact with children;
  5. moving away, with or without children;
  6. child support;
  7. managing children's property;
  8. spousal support;
  9. dividing property and debt;
  10. orders protecting people; and,
  11. orders protecting property.

The Family Law Act applies to married spouses, people who are, or were, married to each other by a marriage commissioner or a religious official licensed to perform marriages, to unmarried spouses, people who live, or used to live, together in a romantic relationship, and to people who are the parents of a child together.

Section 3 of the act says who is a "spouse:"

(1) A person is a spouse for the purposes of this Act if the person

(a) is married to another person, or

(b) has lived with another person in a marriage-like relationship, and

(i) has done so for a continuous period of at least 2 years, or

(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.

(2) A spouse includes a former spouse.

Part 3 of the act has the rules for deciding who is a "parent." Most of the time, the parents of a child are the child's birth mother and biological father. (Section 26(2) lists the circumstances in which man is assumed to be the biological father of a child, such as being married to the birth mother, and section 33 says when the court can order that a DNA test be conducted to determine whether a man is the biological father of a child.) When a child is conceived through assisted reproduction, a child's birth parents — depending on the arrangements people make — can include a donor of sperm, a donor of eggs, a surrogate mother and the spouse of a surrogate mother.

Section 1 of the act defines a child as "a person who is under 19 years of age." Section 146 expands that definition for the part of the act about child support, and says that "'child' includes a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of his or her parents or guardians." "Other reason" usually means that the adult child is going to college or university.

The same section expands the definition of parent for the purposes of child support. Under this definition "parent" can include someone who is a stepparent. A "stepparent" is "a person who is a spouse of the child's parent and lived with the child's parent and the child during the child's life."

The other important

Under section 39(1) of the act, a child's guardians are usually the child's parents, as long as they have lived together during the child's life. Under section 39(3), guardians include:

  • people who are parents because of an assisted reproduction agreement, and
  • parents who never lived with the child and the other parent, as long as the parent "regularly cares" for the child.

Under the act, someone who is a parent or guardian can be required to pay child support. Someone who is a guardian has “parental responsibilities” for the child and has “parenting time” with the child. Someone who is not a guardian, has “contact” with the child.

Someone who is a spouse can be entitled to get spousal support from another spouse. Only spouses who are married or who have lived in a marriage-like relationship for at least two years are entitled to share family property and are responsible for family debt.

The Family Law Act covers these subjects:

  • parentage of children and assisted reproduction,
  • guardianship of children,
  • parental responsibilities and parenting time,
  • contact with a child,
  • child support and spousal support,
  • dividing property and debt,
  • children's property,
  • orders to protect people, and
  • orders to protect property.

JP Boyd on Family Law provides extensive coverage of the Family Law Act, including a chapter on Family Law Act Basics.

A term under the Family Law Act which describes the various rights, duties, and responsibilities exercised by guardians in the care, upbringing, and management of the children in their care, including determining the child's education, diet, religious instruction or lack thereof, medical care, linguistic and cultural instruction, and so forth. See "decision-making responsibility" and "guardian."

Under the Family Law Act, a term which describes the time a guardian has with a child and during which is responsible for the day-to-day care of the child. Under the Divorce Act, a term which describes the time a spouse has with a child and during which is responsible for the day-to-day care of the child. See "guardian" and "spouse."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

Money paid by one parent or guardian to another parent or guardian as a contribution toward the cost of a child's living and other expenses.

Something which can be owned. See "chattels" and "real property."

A payment made by one spouse to the other spouse to help with the recipient's day-to-day living expenses or to compensate the recipient for the financial choices the spouses made during the relationship.

A sum of money or an obligation owed by one person to another. A "debtor" is a person responsible for paying a debt; a "creditor" is the person to whom the debt is owed.

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

Under the Divorce Act, either of two people who are married to one another, whether of the same or opposite genders. Under the Family Law Act, spouse includes married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years and have had a child together. See "marriage" and "marriage-like relationship."

In family law, the quality of an unmarried couple's relationship that demonstrates their commitment to each other, their perception of themselves as a couple, and their willingness to sacrifice individual advantages for the advantage of themselves as a couple; a legal requirement for a couple to be considered spouses under the Family Law Act without marrying. See "cohabitation," "marriage," and "spouse."

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "assisted reproduction," "natural parent" and "stepparent."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

(1) A means of conceiving a child other than by sexual intercourse, usually with medical or technological intervention, or (2) when someone requires help operating the photocopier.

A person who gives a gift or bequest to someone, freely and without expectation of payment in return.

In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."

The spouse of a person who has children from a previous relationship. A stepparent may qualify as a "parent" for the purposes of issues relating to child support and decisions about the care and control of the stepchildren under both the Divorce Act and the Family Law Act. See "parent" and "spouse."

(1) A person charged with the legal care of someone under a legal disability. (2) A term under the Family Law Act referring to a person, including a parent, who is responsible for the care and upbringing of a child through the exercise of parental responsibilities. See "disability," "parental responsibilities" and "parenting time."

A term under the Family Law Act referring to property acquired by either or both spouses during their relationship, as well as after separation if bought with family property. Both spouses are presumed to be entitled to share equally in any family property. See "excluded property."

A term under the Family Law Act referring to debt owed by either or both spouses that accumulated during the spouses' relationship, as well as after separation if used to maintain family property. Both spouses are presumed to be equally liable for family debt.

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