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Family Violence and Child Protection

273 bytes added, 19:58, 17 August 2023
Child protection issues
Child protection issues are handled under different legislation from family law matters. The child protection laws in BC are contained in the provincial ''[http://canlii.ca/t/84dv Child, Family and Community Service Act]'' (''CFCSA'') and its regulations, as well as the ''Provincial Court (Child, Family and Community Service Act) Rules'', and child protection matters are dealt with in the BC Provincial Court, not the BC Supreme Court.
Child protection involves a government authority stepping in. Unlike normal family law matters where two former spouses make decisions about how to proceed with family law case, it's the provincial [https://www.gov.bc.ca/mcf/ Ministry of Children and Family Development] (MCFD) or an Indigenous authority that is taking steps in a child protection matter to protect children from abuse, neglect, and harm or threat of harm. Once they step in, these authorities have a duty to make decisions, including possibly seeking court orders, that ensure the safety and well-being of the children. In ''[https://canlii.ca/t/h5p6m J.P. v. British Columbia (Children and Family Development)]'', 2017 BCCA 308 , the BC Court of Appeal made it clear that the MCFD can seek Provincial Court orders in a child protection case that conflict with despite existing family orders, including from the Supreme Court order, because the MCFD has to meet its legal obligations and duties "regardless of the nature of the dispute between the parents in the family proceeding". This means that even if a family law order greatly restricts one parent's parenting time with a child, if the MCFD gets involved and decides that that parent should have broad access rights, the MCFD can seek that order in Provincial Court and this order will then have priority. The ''CFCSA'', and not the ''Family Law Act'' or the ''Divorce Act'', directs how child protection matters are handled. As a side note, the ''CFCSA'' still uses the terms ''custody'' and ''access'' even though family law legislation has moved to the terms ''guardianship, parenting time, and contact with children''.
Section 2 of the ''CFCSA'' sets out the guiding principles for child protection matters: