Open main menu

Clicklaw Wikibooks β

Changes

Family Law Arbitration

1 byte removed, 18:04, 9 December 2021
Working with "family law arbitrators" under the Family Law Act
Lawyers who qualify as ''family law arbitrators'' meet the training requirements of, and are accredited by, the Law Society of British Columbia. You can find out if a lawyer is a "family law arbitrator" by looking the lawyer up in the [https://www.lawsociety.bc.ca/lsbc/apps/lkup/mbr-search.cfm Lawyer Directory] on the Law Society's website. The training requirements that professionals other than lawyers must meet to qualify as "family dispute resolution professionals" are set out in section 5(2)(b) of the Family Law Act Regulation, and include:
#*being a member in good standing with specific organizations;,#*meeting specific educational and experiential requirements, including at least 10 years' experience in family-related practice; , #*taking continuing family dispute resolution training; , and,#*carrying professional liability insurance.
It's important to know that, under section 5(3) of the regulation, people other than lawyers may only arbitrate disputes dealing with ''parenting children'', including contact with a child, and ''child support''. However, they can only deal with child support if:
#*all of the children are under 19 years of age;#*none of the payor's income is self-employment income or partnership income;#*the payor's income is less than $150,000 per year; and,#*the [[Child Support Guidelines]] tables are being used to calculate the basic child support amount.
As well, if children's special or extraordinary expenses are an issue that is to be resolved by an arbitrator who is not a lawyer, section 5(3)(c)(v) says that "the determination of what those expenses are and how they are to be calculated" must be "straightforward."
539
edits