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Difference between revisions of "Polyamorous Relationships"
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{{JP Boyd on Family Law TOC|expanded = relationships}}{{JPBOFL Editor Badge | {{JP Boyd on Family Law TOC|expanded = relationships}}{{JPBOFL Editor Badge}} | ||
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{{LSSbadge | {{LSSbadge | ||
| resourcetype = a publication on ''Family Law Act'' basics titled | | resourcetype = a publication on ''Family Law Act'' basics titled | ||
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The definition of "parent" is still restricted. The parents of a child conceived by natural reproduction are limited to the birth mother and the biological father under section 26 of the ''Family Law Act''. However, for a child conceived by assisted reproduction, the people who sign an assisted reproduction agreement can agree that the child's parents will include: | The definition of "parent" is still restricted. The parents of a child conceived by natural reproduction are limited to the birth mother and the biological father under section 26 of the ''Family Law Act''. However, for a child conceived by assisted reproduction, the people who sign an assisted reproduction agreement can agree that the child's parents will include: | ||
*one or two people who intend to have the child, | |||
*a donor of sperm, | |||
*a donor of eggs, | |||
*a surrogate mother, and | |||
*the "spouse" of a surrogate mother, | |||
for a total of six people who can be the "parents" of a child for all purposes of the law of British Columbia. These limits are important, as it is a child's ''parents'' who are presumed, in most cases, to be the child's ''guardians'', and it is only ''guardians'' who have parenting responsibilities for, and parenting time with, a child. | for a total of six people who can be the "parents" of a child for all purposes of the law of British Columbia. These limits are important, as it is a child's ''parents'' who are presumed, in most cases, to be the child's ''guardians'', and it is only ''guardians'' who have parenting responsibilities for, and parenting time with, a child. | ||
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From the point of view of people in polyamorous relationships in British Columbia, we need to get decisions from the court confirming that: | From the point of view of people in polyamorous relationships in British Columbia, we need to get decisions from the court confirming that: | ||
#a child can have as many as six parents when the child has been conceived by assisted reproduction | #a child can have as many as six parents when the child has been conceived by assisted reproduction, and | ||
#a person can have more than one spouse at the same time. | #a person can have more than one spouse at the same time. | ||
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*Can new people be added to the relationship? If so, how? Who needs to agree? If a new person is added, how will everyone's financial obligations change? | *Can new people be added to the relationship? If so, how? Who needs to agree? If a new person is added, how will everyone's financial obligations change? | ||
*Can someone be asked to leave the relationship? How? What sort of notice should they be entitled to? What can they take with them when they leave? | *Can someone be asked to leave the relationship? How? What sort of notice should they be entitled to? What can they take with them when they leave? | ||
*What should happen when someone decides to leave the relationship? | *What should happen when someone decides to leave the relationship? Should they have to give notice? If so, what sort of notice should they have to give? What can they take with them? What can't they take with them? | ||
*What will happen if someone gets sick? Who should be able to make medical decisions if they can't make them for themselves? What will happen if people can't agree on those medical decisions? | *What will happen if someone gets sick? Who should be able to make medical decisions if they can't make them for themselves? What will happen if people can't agree on those medical decisions? | ||
*What will happen if someone dies? What will happen to their financial obligations, the property they own and any interests in common property that everyone owns? | *What will happen if someone dies? What will happen to their financial obligations, the property they own and any interests in common property that everyone owns? | ||
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If you are entering or leaving a polyamorous relationship, it's critically important that you get legal advice about your situation. You can't assume that the law will apply to you the way it did to friends and family who entered or left pair relationships. The trick, of course, is finding the right lawyer to give you that advice. | If you are entering or leaving a polyamorous relationship, it's critically important that you get legal advice about your situation. You can't assume that the law will apply to you the way it did to friends and family who entered or left pair relationships. The trick, of course, is finding the right lawyer to give you that advice. | ||
The | The section on [[You & Your Lawyer|You and Your Lawyer]] in the chapter on [[Understanding the Legal System for Family Law Matters | Understanding the Legal System]] has information about how to find and hire a lawyer. However, people involved in polyamorous relationships need to make an extra effort to find family law lawyers who are familiar with this kind of relationship. A lot of lawyers who deal with problems involving these relationships will say so on their website. If you can't find someone who says explicitly that they handle polyamorous family law problems, then call a lawyer outside your hometown, or even outside of British Columbia, who deals with polyamorous families and see if they can refer you to someone. Or, you could also try contacting a family law lawyer whose website says they deal with LGBTQ issues. LGBTQ issues are ''not'' polyamorous issues, but lawyers who routinely manage LGBTQ issues in the family law context are more likely to have an idea about how family law works in the context of polyamory. | ||
==Resources and links== | ==Resources and links== | ||
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===Legislation=== | ===Legislation=== | ||
* ''[ | *''[https://canlii.ca/t/8q3k Family Law Act]'' | ||
*''[https://canlii.ca/t/551f9 Divorce Act]'' | |||
*''[https://canlii.ca/t/5533n Criminal Code]'' | |||
* ''[ | *''[https://canlii.ca/t/52hdt Civil Marriage Act]'' | ||
* ''[ | |||
* ''[ | |||
===Links=== | ===Links=== | ||
* [http://clicklaw.bc.ca/resource/4646 Legal | *[https://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html Spousal Support Advisory Guidelines] | ||
* [http://clicklaw.bc.ca/resource/4646 Legal Aid BC's Family Law website's common questions on Finances & Support] | |||
** See "How is property divided when a common-law relationship ends?" under the heading "Common questions" | ** See "How is property divided when a common-law relationship ends?" under the heading "Common questions" | ||
* [http://clicklaw.bc.ca/resource/4648 Legal Aid BC's Family Law website's information page "Going through separation"] | |||
* [http://clicklaw.bc.ca/resource/4648 Legal | |||
** See "Proving you're separated if you and your spouse still live together" | ** See "Proving you're separated if you and your spouse still live together" | ||
===Resources=== | |||
*[https://www.clicklaw.bc.ca/resource/4932 "Polyamorous Relationships and Family Law in Canada"] from Canadian Legal Information Institute (CanLII) | |||