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Difference between revisions of "Recent Changes to Family Law in British Columbia"
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Recent Changes to Family Law in British Columbia (view source)
Revision as of 18:24, 18 February 2021
, 18:24, 18 February 2021→The Provincial Court Pilot Project
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In 2019, the Provincial Court started a new pilot project at the Victoria courthouse, trying out something called an Early Resolution and Case Management Process. This pilot project was extended to the Surrey courthouse in 2020. The project relies on new rules of court and new court forms, and a really good but really long [https://www2.gov.bc.ca/assets/gov/birth-adoption-death-marriage-and-divorce/divorce/family/options/early-resoution/explain.pdf explanation of the project] can be found on the website of the government of British Columbia. | In 2019, the Provincial Court started a new pilot project at the Victoria courthouse, trying out something called an Early Resolution and Case Management Process. This pilot project was extended to the Surrey courthouse in 2020. The project relies on new rules of court and new court forms, and a really good but really long [https://www2.gov.bc.ca/assets/gov/birth-adoption-death-marriage-and-divorce/divorce/family/options/early-resoution/explain.pdf explanation of the project] can be found on the website of the government of British Columbia. | ||
The pilot project is intended to test new court processes designed to encourage people to resolve family law disputes by agreement, and to help them get just and speedy decisions in court if agreement isn't possible. Cases that do need to be resolved through court are subject to closer management by the court, and the project | The pilot project is intended to test new court processes designed to encourage people to resolve family law disputes by agreement, and to help them get just and speedy decisions in court if agreement isn't possible. Cases that do need to be resolved through court are subject to closer management by the court, and the project has developed forms and processes that are easier to access and easier to complete. | ||
This is how government describes the new process in Surrey and Victoria. The process will generally involve: | |||
<blockquote>"Starting at the Surrey or Victoria Justice Access Centre (JAC) to get information about your options, the process and how to access legal advice and other resources.</blockquote> | |||
<blockquote>"Filing a form called the Notice to Resolve at the Victoria Provincial Court Registry.</blockquote> | |||
<blockquote>"Contacting the JAC to make an appointment for your individual needs assessment.</blockquote> | |||
<blockquote>"Complete an individual needs assessment with a Family Justice Counsellor at the JAC.</blockquote> | |||
<blockquote>"Complete the Parenting After Separation program unless you have completed it within the last two years or meet one of the few exemptions (the JAC staff can identify for you if an exemption applies).</blockquote> | |||
<blockquote>"Participate in at least one consensual dispute resolution session (including any required preparation for the session), if appropriate.</blockquote> | |||
When issues are resolved you can formalize your agreements by written agreement or consent order.</blockquote> | |||
<blockquote>"If there are still issues that need to be resolved, and you need the Court’s help, file a form called Application about a Family Law Matter with all your supporting documents and serve it on the other party.</blockquote> | |||
<blockquote>"When you and the other party (or parties) have replied or the time for reply has passed, work with the Judicial Case Manager to schedule a Family Management Conference. | |||
At the Family Management Conference, you and the other party (or parties) will meet with a judge."</blockquote> | |||
==Resources and links== | ==Resources and links== | ||
