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Access to Family Justice

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|resourcetype = a fact sheet on
|link = [http://www.familylaw.lss.bc.ca/resources/fact_sheets/expect_from_lawyer.php what to expect from a lawyer]
}}At some point in our high school civics class we learn that we live in a ''"nomocracy'', " which means ''a society governed by the rule of law''. Living in a society governed by the rule of law means a whole lot more than just having police who arrest shoplifters and drunk drivers. Among other things, it means we have laws that are: 
* written,
* published,
* understandable, and
* apply equally applicable to everyone.
The rule of law also means that we have an accessible justice system that resolves legal disputes — whether between corporations, between an individual and the state, or two between people leaving a family relationship — quickly, efficiently, affordably, and fairly. Unfortunately, in many parts of Canada, some aspects of "living in a society governed by the rule of law" are more of an ideal than a reality.
This section talks about:
* common barriers people face when accessing family justice in British Columbia,
* a short history of the access to family justice crisis in Canada, and how it has continued to worsen even as influential voices in the justice sector have called for more solutions,
* ways that the courts, government, non-profit organizations, the Law Society, lawyers, mediators, paralegals, law students, and other legal advocates have responded to the problem,
* future developments and ideas about other steps that might make family justice more accessible, and
==Barriers to justice==
Is access to justice just about access to lawyers and courts? No, and especially not for family law matters. For people going through separation and divorce, one of the first barriers to confront is the misguided perception that court is where they need to go, or where they have to go. Popular media would have us believe that lawyers arguing before a judge is somehow the proper way to settle relationship breakdowns. That's wrong. The fact is, unless family violence is a threat factor or urgent intervention is needed to protect children, people, or property, most families don't need the court's help in to fairly resolving resolve their separation.
People need accurate information about legal rights (— their ownrights, the other person'srights, and their children's), rights — finances, and the risks and benefits of the choices they want to make. All of this This information empowers an individual people to resolve their legal issues and make an acceptable compromise compromises as needed. People then need certainty that the resolution and compromise of their issues will be respected, followed, and enforced if necessary. To this end, many Many efficient, sensible, and effective alternatives to court exist that satisfy can meet these core needs. And many of them are less costly, less stressful, and less time-consuming than going to court. Court is generally only better for highly contentious issues.
''JP Boyd on Family Law'' is filled with chapters designed to dismantle the barrier to justice that arises from our perception that court is the only valid option:
* [[Resolving Family Law Problems out of Court]], with dedicated sections about non-court processes and the legal professionals who provide them, such as [[Collaborative Negotiation]], [[Family Law Mediation]], [[Family Law Arbitration]], and [[Parenting Coordination]], and
* [[Family Law Agreements]], with information on how people can settle their own ongoing or future disputes with minimal involvement by lawyers or courts.
* [[Resolving Family Law Problems out of Court]], which includes sections about non-court processes and the legal professionals who provide them, such as [[Collaborative Negotiation]], [[Family Law Mediation]], [[Family Law Arbitration]], and [[Parenting Coordination]], and* [[Family Law Agreements]], which provides information on how people can settle their own ongoing or future disputes with minimal involvement by lawyers or courts.  ===Legal representation: cost Cost and funding barriers=== 
For those who do end up in court, the stakes can be high, the process can feel intimidating, and having a lawyer by your side can feel like a priority. The cost of this can be a significant barrier, however. Based on a [https://www.canadianlawyermag.com/news/features/2021-legal-fees-survey-results/362970 2021 legal fees survey], British Columbians can expect to pay on average more than $6,000 per day for a lawyer's time in trial. Many people simply cannot afford to pay for full legal representation.