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 official government website of the Queen's Printer or on CanLII, a free website that lets you search Canadian laws and court decisions. The Family Law Act covers these basic subjects:

• determining who the parents of a child are,
• guardianship of children,
• parental responsibilities,
• parenting time and contact with children,
• moving away, with or without children,
• child support,
• managing children's property,
• spousal support,
• dividing property and debt,
• orders protecting people, and
• 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,
• unmarried spouses, people who live, or used to live, together in a romantic relationship,
• people who are the parents of a child together, and
• people who are the guardians of a child.

Unlike the Divorce Act, there are no rules requiring you to live in British Columbia for a certain amount of time before you can ask the court for an order under the Family Law Act.

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 a 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."

Section 39 says who is assumed to be the guardian of a child:

(1) While a child's parents are living together and after the child's parents separate, each parent of the child is the child's guardian.

(3) A parent who has never resided with the parent's child is not the child's guardian unless one of the following applies:

(a) section 30 [parentage if other arrangement] applies and the person is a parent under that section;

(b) the parent and all of the child's guardians make an agreement providing that the parent is also a guardian;

(c) the parent regularly cares for the child.

It's important to notice that while the parents of a child are usually each a guardian of a child, this is not always the case. However, the court can make an order under section 51 of the Family Law Act to appoint a person, including a parent, as a guardian of a child.

Someone who is a guardian — whether or not they are a parent, a married spouse or an unmarried spouse — can ask the court for:

• an order about parental responsibilities for any children, and
• an order about parenting time and contact with a child.

Someone who is a parent or a guardian of a child — whether or not they are a married spouse or an unmarried spouse — can ask the court for an order that they pay or receive child support.

Someone who is a married spouse or an unmarried spouse can ask the court for:

• an order that they pay or receive spousal support, and
• an order for the division of property and debt, as long as a person who is an unmarried spouse has lived with their partner for at least two years.

Anyone can ask the court for:

• a declaration about who the parents of a child are,
• an order that they have contact with a child,
• an order appointing them as the guardian of a child, and
• an order about the management of a child's 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.

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) 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."

(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."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

A person who is validly married to another person as a result of a ceremony presided over by someone with the authority to conduct marriages. See "marriage" and "unmarried spouse."

Someone who is a spouse by the operation of a statute. Under the Family Law Act, unmarried spouses are people who have lived together in a marriage-like relationship for at least two years, or, for all purposes of the act other than the division of property or debt, who have lived together for less than two years but have had a child together. See "marriage-like relationship," "marriage" and "married spouse."

In law, a pronouncement of the court about a fact or a state of affairs, such as a declaration that a marriage is void or that a person is the guardian of a child. Not to be confused with an order, which is a mandatory direction of the court requiring a party to do or not do something. See "order."