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Many people call a marriage-like relationship a “common-law” relationship. This type of relationship ends when a couple begins to live apart.  
Many people call a marriage-like relationship a “common-law” relationship. This type of relationship ends when a couple begins to live apart.  
==Rights and responsibilities==
===Marriage and marriage-like relationships===
[[File:Extendedfamily.png | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
When you are married to someone, the law says you are a ''spouse''. As a spouse, you have legal rights and responsibilities about caring for children and caring for each other. You are also considered a spouse under the law in two other types of relationships. The three kinds of living arrangements in which you can be a spouse are:
#'''People who are married.''' To be legally married, you must have a religious or civil marriage ceremony. After that, you stay married until one partner dies or until the marriage is legally ended by a divorce.
#'''People who are not married but have lived together in a marriage-like relationship for two years or more.''' Many people call a marriage-like relationship a “common-law” relationship. It is not illegal to live in a common-law relationship while you or the other person is still legally married to someone else. A common-law relationship ends when you begin to live apart. No matter how long you live together in a common-law relationship, you are not married under the law.
#'''People who are not married but have lived in a marriage-like relationship for less than two years and have a child together.''' If you have a child together you have a responsibility to support that child. One parent may also be responsible for the support of the other parent.
===Getting separated===
Every year in BC, thousands of married and common-law couples stop living together. This is called ''separation''.
There is no such thing as a “legal separation.” If you’re married or in a common-law relationship, you become separated as soon as you and your spouse start living apart from each other with the ''intention'' of separating.
You don’t have to see a lawyer or go to court to be separated.
You might still live in the same house to save money, but you are usually considered separated if you don’t share things like meals, a bedroom, and social activities. You don’t need your spouse’s permission to separate.
===Getting divorced===
For couples who have been legally married, ''divorce'' is the only way to legally end the marriage.
You apply for a divorce by filling out documents and filing them with the BC Supreme Court. You don’t need your spouse’s ''permission'' to apply for a divorce.
The only legal reason for divorce is "marriage breakdown."
You can apply for a divorce saying you have "marriage breakdown" if:
*you or your spouse have lived separately for one year,
*you or your spouse has committed ''adultery'', or
*you were treated by your spouse with physical or mental cruelty.
You can apply for a divorce in BC even if you were married in another country. You will require proof that you were legally married, and that you or your spouse lived in BC for the 12 months before you apply for divorce.
Canada recognizes the following as proof of marriage from other countries:
*marriage certificate,
*marriage registration, or
*certified copies of marriage documents.
Some cultures have their own divorce ceremony, but you are not legally divorced in Canada unless you have a ''court order'' for divorce from Canada or another country.
If you and your spouse agree to get a divorce, the judge reviews the documents you filed with the court.
If you have children, the judge will want to see how you have both agreed to care for them and support them.
===Making an agreement===
[[File:Childreflecting.png | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
An agreement is a written ''contract'' that describes a couple’s decisions about the legal issues in their relationship.
Couples can make agreements at any time:
*before they move in together,
*while they’re living together, or
*when they separate.
An agreement you make before you move in together or while you’re living together includes your decisions about:
*who owns what,
*how much money each of you will put in to run the household,
*if you will have a joint household credit card or separate individual credit cards,
*how you will use and look after the things you buy together, and
*who will pay debts.
An agreement you make when you separate includes your decisions about parenting, support and property. For example, it describes:
*who the children will live with,
*how parents will spend time with the children,
*how parents will support the children,
*who will stay in the home or apartment, and
*how you will divide the things you own.
You and your spouse can make an agreement with each other about these decisions. Or you can go to court and ask the court to decide what should happen.
It’s best if you can settle your family law issues without going to court. Making an agreement saves time, money, and stress. It allows you to keep control of important decisions that affect your family.
Couples can often agree by talking together. But when you are separating you may find it difficult to agree. You can get help to come to an agreement.
====Mediation====
Mediation is a process where you and the other person ask someone who has special training to listen to what both of you have to say, and help you come to an agreement. The person with this special training is called a mediator.
A mediator can help you and your spouse work together to solve problems.
*A mediator encourages you and your spouse to listen to each other and helps you come up with ideas for resolving your issues.
*A mediator does not take sides or force solutions on you. A mediator does not make any of the decisions. You and your spouse make the decisions.
*Through the mediation process, you can find solutions that are acceptable to both of you.
If you have children, the mediator will help you reach an agreement that is in their best interests.
To find a mediator, <span class="noglossary">contact</span>:
:'''Mediate BC Society (Family Mediation Services)'''
:Phone: 1-604-684-1300 local 23
:Toll-free: 1-855-660-8406
:[mailto:fms@mediatebc.com fms@mediatebc.com]
:[http://www.mediatebc.com www.mediatebc.com]
====Family justice counsellors====
Couples can get help from ''family justice counsellors''. Family justice counsellors are government employees who work at Family Justice Centres across the province. Sometimes they are located in the local courthouse.
Family Justice Centers provide free services for families and couples with low incomes. They can help you and the other parent reach an agreement.
To <span class="noglossary">contact</span> a family justice counsellor, call Service BC:
:'''Service BC Contact Centre '''
:Vancouver: 604-660-2421
:Victoria: 250-387-6121
:Toll-free: 1-800-663-7867
====Collaborative family law====
Couples can agree to work together with lawyers who practise collaborative family law to find solutions that work for both spouses.
In collaborative family law, you and your spouse each have a lawyer. You and the lawyers participate in a series of meetings to try to come to an agreement.
To find a collaborative family law lawyer through the Lawyer Referral Service, see the [[Find Out More in Learning about the Law|Find Out More]] section.
====Finalizing your agreement====
When you come to an agreement, you write down what you’ve agreed to and both of you sign it.
Do not sign any agreement if you feel any pressure to do so. If your agreement deals with property, you must have your signatures witnessed by at least one other person.
To have your signature witnessed, ask a third person to:
*watch you sign the agreement, and
*also sign the agreement.
It’s also a good idea for both of you to get legal advice about what goes into your agreement and how it’s written.
To protect your legal rights and those of your children, you should each see a different lawyer.
You also need to see a lawyer if you’ve already signed an agreement and have questions about it.
To find a family law lawyer through the Lawyer Referral Service, see the [[Find Out More in Learning about the Law|Find Out More]] section.
==Care and decisions for children==
The BC ''[[Family Law Act]]'' changed in 2013. The law uses new terms to describe how parents care for and make decisions for children:
*guardians & guardianship,
*parental responsibilities,
*parenting time, and
*parenting arrangements.
This section looks at what these terms mean in BC.


===Guardians and guardianship===
===Guardians and guardianship===
[[File:Childconcerned.png | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
Parents are ''guardians''. They have ''guardianship'' of their children. This means they are responsible for caring for and making decisions for their children. Parents who live together after their child’s birth are both the child’s guardians.
If the parents separate, they are both the child’s guardians, unless an agreement or court order removes one of them as a guardian.
If a parent never lived with the child, then that parent is not a guardian unless he or she:
*regularly cares for the child, or
*is appointed as a guardian by a court order or agreement with the child’s other guardian(s).
People other than parents can sometimes be guardians, but they must have a court order naming them as guardians.
A guardian may name someone to be a stand-by guardian just in case he or she becomes unable to look after the child. A guardian may also name someone who will become the child’s guardian if the guardian dies.
===Parental responsibilities===
Parents have ''parental responsibilities''. These include making decisions about day-to-day care, as well as larger decisions about:
*health care,
*education,
*religious upbringing,
*extracurricular activities, and
*where the child lives.
When parents live together, they share these responsibilities as guardians. Parents need an agreement or court order if they want to change this arrangement.
Parents who separate may continue to share parental responsibilities as guardians. Or one guardian may take on one or more of the parental responsibilities.
Guardians consult with each other when making decisions, unless their agreement or court order says that only one of them is responsible for that particular <span class="noglossary">decision</span>.
===Parenting time===
If one of the guardians no longer lives with the children, that guardian has ''parenting time'' with the children.
===Parenting arrangements===
The arrangements between guardians for sharing parental responsibilities and parenting time are called parenting arrangements. Parenting arrangements can be recorded in an agreement or a court order.
:'''For example:''' When Susan and Joseph separated they made a written agreement that describes their parenting arrangements:
:*The children will live with Susan during the week. She will make the decisions about the children’s daily care when the children are with her.
:*The children will have parenting time with Joseph every weekend. He will make the decisions about the children’s daily care when the children are with him.
:*Susan and Joseph will continue to consult with each other about the larger decisions such as the children’s education and health care.
===Contact with the child===
Contact with the child is another important new term in family law. ''Contact with the child'' refers to the time that a person who is not a guardian spends with the child. A parent who is not the child’s guardian would have contact.
Grandparents, step-parents, and other people who may be important to the child can also apply to court to get contact with a child. The law recognizes that the child has a right to maintain these important relationships when parents separate.
People who are not guardians don’t have parental responsibilities, so they can’t make decisions about the child’s life, even during contact.
All guardians and the person with contact can agree to the contact, or the contact may be given in a court order. In some cases, there may be conditions on contact, such as having someone else supervise visits with the child.
:'''Important Note:''' If you get a divorce, you will find that some different words are used. The federal ''Divorce Act'' uses the word “custody” to describe daily care of the child and <span class="noglossary">decision</span>-making for the child. It uses the word “access” to describe contact with the child.
===Child's best interests===
All decisions about parenting arrangements and contact in court orders or agreements must be based on the ''child’s best interests''. These include:
*what the child wants and needs,
*who cared for the child in the past,
*whether there is a history of family violence, and
*what the parents are capable of (each one’s ability to carry out his or her responsibilities for the child).
When you are deciding your parenting arrangements after a separation, the law says you must only consider the best interests of the child. If you go to court, the judge can only consider the best interests of the child in making decisions about parenting.
===Children's property===
A child’s guardian is not automatically the guardian of the child’s property (including money). Guardians can manage children's property if it is a certain type of property or below a certain value. If not, a trustee is responsible for managing the child’s property. This is complicated. You would need to talk to a lawyer.
To find a family law lawyer through the Lawyer Referral Service, see the [[Find Out More in Learning about the Law|Find Out More]] section.
[[File:Family of four smiling.jpg | right | frame |  link= | <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
[[File:Family of four smiling.jpg | right | frame |  link= | <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]


==Child support==
A child’s parents are the '''guardians''' of the child while they live together and after they separate. This means they are responsible for caring for the child and making decisions affecting the child.


The money one parent pays to the other parent to help provide for the child’s daily needs is called child support. Each parent has a legal responsibility to support the child, until the child is at least 19.  
If the parents separate, both remain the child’s guardian, unless an agreement or court order removes one of them as a guardian.


Parents have a legal duty to support their children. Even if you have never lived with your child’s other parent, you have a legal responsibility to ''contribute'' to the support of your child.  
Generally, a parent who has never lived with their child is not the child’s guardian. There are a few exceptions, such as if they regularly care for the child.


If a man who has been named as the child’s father denies being the parent of the child, the court can order him to take a paternity test, also called a parentage test.  
People other than parents — such as grandparents, for example — can sometimes be guardians. But they must apply to court for an order naming them as guardians.


Stepparents and guardians who are not parents also have a duty to support the child. Parents have the primary responsibility to pay child support, then non-parent guardians, and then stepparents.
===Family law agreements===
A family law agreement is a written '''contract'''. It sets out a couple’s decisions about the legal issues in their relationship.  


===A child should benefit===
Couples can make an agreement at any time. They can make one before moving in together, while living together, or when they separate.


The laws about child support are based on the idea that a child should benefit from both parents' ability to support him or her.  
An agreement made before or while a couple lives together can cover what will happen during the relationship. For example, it can describe how household chores or expenses will be divided. It can also set out what will happen if the relationship ends.  


If a child is living with one parent, the other parent usually must pay support money. Even if a child spends equal or almost equal time with both parents, the parent with the higher income may have to pay child support to the other parent.  
An agreement made after a couple separates covers their decisions about parenting, financial support, and dividing property and debt. This type of agreement is called a '''separation agreement'''.  


Child support, although paid to the other parent, is the legal right of the child. A parent cannot make an agreement saying that the other parent does not have to pay child support.  
Making a family law agreement saves time, money, and stress. It allows couples to keep control of important decisions that affect their family.


One parent cannot prevent the other parent from having contact with the child because he or she is not paying child support payments.
Before signing a family law agreement, each '''spouse''' should get legal advice. They should see separate lawyers about what the agreement says.  


===Child Support Guidelines===
==When a relationship breaks down==
===Separation===
[[File:Estranged parents with child.jpg | right | frame | link= | <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
Every year in BC, thousands of married and unmarried '''spouses''' stop living together as a couple. This is called '''separation'''.


Parents must follow rules called the [[Child Support Guidelines]]. The guidelines help set a fair amount of support for children. The Child Support Guidelines are based on the income of the parent who must pay support.  
Spouses are separated when one or both people:
* decide their relationship is over,
* tell the other person their decision, and
* act like the relationship is over.


The Child Support Guidelines considers such things as how much money the parent makes and how many children need support. The guidelines make sure that children continue to benefit from the financial means of both parents.  
Spouses don’t need to agree to separate. They also don’t need to sign any papers, see a lawyer, or go to court to be separated.


If you and the other parent cannot agree about child support amounts, a mediator can help you. To find a mediator, see the [[Find Out More in Learning about the Law | Find Out More]] section.
====Decisions to make====
When a couple separates, they must make many decisions. For example:
* Does one person need financial help from the other? This is called '''spousal support'''. Can the other person afford to pay it? If so, how much can they afford to pay and for how long? 
* Who will stay in the family home? Can everybody still live there or does someone need to move out? 
* How will property be divided? How will debts be shared? 
* If there are children, where will they live? How will decisions about their care be made? How will the parents share time with the children? 
* Does '''child support''' need to be paid? If so, which parent should pay child support and how much?


While parents must follow the Child Support Guidelines, the rules are different for stepparents. They pay a child support amount based on:
====Sponsorship breakdown====
A spouse may be '''sponsored''' to come live in Canada as a permanent resident. If they separate from their sponsor, they may worry whether they can stay in Canada. They can. Their sponsor can’t make them leave the country. And the sponsor doesn’t have the right to keep the couple’s children or property.


*the length of time the child lived with the stepparent, and
In the booklet [https://legalaid.bc.ca/publications/pub/sponsorship-breakdown ''Sponsorship Breakdown''], Legal Aid BC explains what happens when an immigration sponsorship breaks down.  
*what the child’s living standard was while living with the stepparent.


===What if a parent refuses to pay child support?===
===Divorce===
For a married couple to end their marriage, they must follow a legal process called '''divorce'''. (If the marriage wasn’t valid, they can apply for an '''annulment'''.)


The provincial government has a free program called the Family Maintenance Enforcement Program.  
Getting a divorce involves filling out forms and filing them with the BC Supreme Court. A judge looks over the documents. They will decide whether to grant a divorce.


The people who work in this program can help if a parent is not paying the money the judge said must be paid to support the children, or the money that he or she agreed in writing to pay.
To apply for a divorce, a spouse must have lived in BC for at least 12 months. They don’t need their spouse’s permission to apply. But they have to show their marriage has broken down. A spouse can do this by showing any of these things:
* that the spouses have lived separately for at least one year
* that their spouse has committed '''adultery'''
* that their spouse abused them physically or mentally (called '''cruelty''' under the law)


If a parent does not pay child support, the Family Maintenance Enforcement Program may take the money directly from the parent’s pay cheque or bank <span class="noglossary">account</span>. Other things that may happen if a parent refuses to pay include:
Someone can apply for a divorce in BC even if they were married in another country. They will need to show proof they were legally married — such as by providing a marriage certificate.
*He or she may lose his or her driver’s licence.
*The Canadian government may take away his or her passport.


==Spousal support and property==
Some cultures have their own divorce ceremony. But a couple is not legally divorced in Canada unless they have a '''court order''' for divorce from Canada or another country.


===Spousal support===
Dial-A-Law explains the [https://dialalaw.peopleslawschool.ca/requirements-for-divorce-and-annulment/ requirements to get a divorce and the process involved].
 
One spouse may need to ask the other for spousal support when they separate. The purpose of spousal support is to help with living expenses upon separation. Spousal support is usually paid for a limited period of time.
 
Spouses may make an agreement about spousal support. Or the spouse who wants support can apply to the court.
 
You must apply for spousal support ''within two years'' after you got an order for a divorce. If you were living in a common-law relationship, you must apply ''within two years'' of the date on which you separated.
 
If you are applying for spousal support, the court will consider:
*If you worked outside the home during the marriage or relationship.
*How long you and your spouse lived together.
*If you are able to support yourself.
*If you are or were at home with the children.
*Whether you earn a lot less than your spouse.
*If your spouse has the ability to pay.
 
===What if a spouse refuses to pay spousal support?===
 
The provincial government has a free program called the Family Maintenance Enforcement Program.
 
The people who work in this program can help if a spouse is not paying the money the judge said must be paid to support a spouse, or the money that he or she agreed in writing to pay.
 
===Dividing family property===
 
The ''[[Family Law Act]]'' deals with the division of property and debt when a couple separates. This law applies to people who are '''spouses''' — that is, to married couples and to people in a common-law relationship of two years or more.
 
When their relationship ends, spouses are presumed to keep property they brought into the relationship and to share in property they acquired during their relationship.
 
Unless you and the other spouse have an agreement that says something else, the presumption is that all ''family property'' and ''family debt'' is divided equally.
 
All property owned by either or both spouses at the date of separation is considered '''family property''' unless it is "excluded property" (explained shortly). Family property can include such things as:
*the family home,
*RRSPs,
*investments,
*bank accounts,
*insurance policies,
*pensions, and
*an interest in a business.
 
Family debts are debts you take on during your relationship that:
*you still owe on the date you separate, or
*you take on after your separation date to maintain family property.
 
====Some property is "excluded property" ====
 
Some things are not family property. They are ''excluded'' from the rule that the property must be divided equally. For example, these things are excluded:
*Property one spouse owned before the relationship started.
*Gifts and inheritances given to one spouse during the relationship.
 
[[File:Estranged parents with child.jpg | right | frame | link= | <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
But if the value of excluded property increased during the relationship, that increase in value is family property. For example, suppose you owned the house when your spouse moved in. When you separated, the value of the house had increased 100%. Your spouse would be entitled to half of that increased value.
 
You may need a lawyer’s help to figure out what is family property or debt. To find a family law lawyer, see the [[Find Out More in Learning about the Law | Find Out More]] section.
 
====There are exceptions to the equal division rule====
 
A court can order that family property and debt be divided unequally if it would be '''significantly unfair''' to divide it equally. In considering whether an equal division would be significantly unfair, a court will look at factors such as:
 
*the length of the spouses’ relationship,
*whether the debt was incurred in the normal course of the spouses’ relationship,
*if the amount of family debt exceeds the value of family property, the ability of each spouse to pay a share of the family debt,
*whether a spouse, after separation, caused a significant increase or decrease in the value of debt or property, and
*whether a spouse may have to pay taxes as a result of a transfer of property.  


If you think the arrangements about property and debt are unfair, you can go to court and ask a judge to divide family property or debt.
===Decisions about children===
*If you were married, you must apply to the court to do this ''within two years'' after you got an order for divorce.
When parents separate, they must work out the details of how their children will be cared for.  
*If you were living in a common-law relationship of two years or more, you must apply to the court ''within two years'' of the date on which you separated.  


People who are separating may want to know what happens to things such as pensions and medical and dental plans. You can find this information in the Legal Services Society publication, ''[http://www.clicklaw.bc.ca/resource/1058 Living Together or Living Apart]''.
====Parenting arrangements====
A child’s parents can make arrangements to share '''parental responsibilities''' and '''parenting time'''.


==Moving with a child==
Parental responsibilities include making decisions about day-to-day care. It also includes making decisions about important aspects of the child’s life. This includes where they go to school, how they’re treated when they get sick, and if they’ll be raised in a religion. When parents separate, parental responsibilities can be shared or be given to just one parent.
The law in BC says that a guardian who wants to ''relocate'' with a child must give 60 days’ notice to any other guardian and to people who have contact with the child. This is because the move would affect the child’s relationship with them.  


If there are disagreements about the move, the law says that you must make your best efforts to work out the disagreement. If you cannot agree, you have to go to court and the judge will decide whether or not a guardian can move with a child.  
Parenting time is the time that a parent spends with a child. During parenting time, a parent is responsible for the care of the child and making day-to-day decisions.  


If you want to move, it’s wise to discuss your plans ahead of time with the other parent and anyone else who is a guardian or who has contact with the child. You may also want to talk to a lawyer to get advice about how likely it is that a judge might say you cannot move.
====Contact====
'''Contact''' with a child refers to the time that a person who is not a guardian spends with the child. For example, grandparents, stepparents, and others who are important to the child may have contact with the child.  


==Parents can get help==
====Best interests of the child====
If parents can’t agree about the care of their children, they can ask a court to decide. When making decisions like these, courts only consider the best interests of the children. Factors that go into this include:
* the child’s health and emotional well-being
* what the child wants and needs
* who cared for the child in the past
* whether there is a history of family violence
* what the parents are capable of (each one’s ability to carry out their responsibilities for the child)


===Parenting After Separation program===
===Child support===
[[File:Siblings smiling.jpg | right | frame | link= |<span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
[[File:Siblings smiling.jpg | right | frame | link= |<span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
Parents are legally responsible for financially supporting their children. This is true even if one parent doesn’t see or take care of the children.


Separation is difficult. The lives of all family members are changing. When parents are separating, they are often upset and angry. They may argue and say a lot of angry and hurtful things to each other. Their children also feel upset.
'''Child support''' is money paid by one parent to the other parent. It’s paid after separation to help cover the costs of raising the children.  
:'''For example:''' Kwan and Mi Hi were married and they had one child. After several years, Mi Hi became unhappy and dissatisfied with the marriage. She wanted to separate from Kwan. Kwan was hurt and angry. He didn’t understand why Mi Hi was unhappy. They had many arguments. Kwan didn’t want to separate.


:Both Kwan and Mi Hi were worried about their daughter. How could they talk to her about their marriage break-up?
The parent with whom the child lives most of the time is entitled to receive child support from the other parent. If a child spends the same amount of time with both parents, the parent with the higher income usually has to pay child support.


Parenting After Separation is a provincial government program that offers free sessions in many BC communities. This is a three-hour workshop about how to solve problems with the other parent.  
Child support is calculated using rules called the Child Support Guidelines. These rules are based on the income of the parent who must pay support and the number of children needing support.


At the workshop, a trained facilitator will present information about separation, including:  
Dial-A-Law explains [https://dialalaw.peopleslawschool.ca/child-support/ child support], including how it’s calculated.
*the impact of separation on you and your children,
*how to help your family adjust to change, ways for you and your children’s other parent to communicate,
*how to keep your children out of the middle of conflict,
*options for resolving family disputes, including mediation, counselling and the court process,
*how the child support guidelines work, and
*resources in your local community for parents and children.  


In most BC Provincial Court locations, you must attend a Parenting After Separation session before you can get a court order. You will not be asked to attend the same session as your spouse. Parents in smaller communities can take the Parenting After Separation course online.  
===Spousal support===
The breakup of a relationship can leave '''spouses''' on an unequal financial footing. A spouse who’s struggling moneywise may ask the other for help. This is called '''spousal support'''. It’s meant to help a spouse after separation with living expenses and with becoming financially independent.  


Even if you don’t have to go to a Parenting After Separation workshop, you can attend the course.  
Many factors determine whether a spouse can get spousal support. These include the length of the relationship, difference in incomes, and extent to which the relationship left one spouse economically disadvantaged.


Phone Service BC to find out about Parenting After Separation workshops in your area.
Dial-A-Law covers [https://dialalaw.peopleslawschool.ca/spousal-support/ spousal support], including how it’s calculated.
:'''Service BC Contact Centre '''
:Vancouver: 604-660-2421
:Victoria: 250-387-6121
:Toll-free: 1-800-663-7867


For more information about Parenting After Separation, see the [[Find Out More in Learning about the Law | Find Out More]] section.
===Family property and debt===
When a relationship ends, '''spouses''' often have to deal with their property and debt. They have to figure out who gets what and who pays for which debts.  


==Protection from violence in the family==
BC family law spells out how property and debt are dealt with for couples who are married or in a '''marriage-like relationship''' for two years or more.
Family violence includes:
*physical abuse: using physical force,
*sexual abuse: forced sexual contact of any kind, or  
*psychological and emotional abuse: actions that cause mental and emotional harm.  


If you are at risk of family violence, you may need to get a ''protection order'' from the court. The protection order is meant to protect you and your children from violence carried out by another family member. Either you, or someone else on your behalf, can apply to the court for the order.  
When their relationship ends, the spouses are presumed to keep property they brought into the relationship and to share in property they acquired during their relationship. Unless otherwise agreed, the law presumes that all '''family property''' and '''family debt''' is divided '''equally'''.


Protection orders can, for example, stop the family member who is violent:
A court can order that family property and debt be divided ''unequally'' if it would be significantly unfair to divide it equally.
*from contacting you,
*from visiting the family home, and  
*from owning a weapon.  


If the family member does not obey the protection order, it is a criminal offence. Police can enforce the protection order under the ''Criminal Code''.  
Dial-A-Law goes into more detail about [https://dialalaw.peopleslawschool.ca/dividing-property-and-debts/ dividing property and debts].


If there is a history of family violence or you or your children are at risk, you may be able to get the help of a legal aid lawyer from Legal Services Society. See the [[Find Out More in Learning about the Law|Find out More]] section.
===Moving after separation===
After separation, one '''spouse''' may want to move to a new place. For couples who have a child together, if the move would significantly affect the child’s relationship with other important people in their life, it’s called a '''relocation'''. This usually means moving a long distance: to another province or country, or another community in BC.  


If you plan to go to court on your own to get a court order, you may want to get some help from family duty counsel.  
The law sets out a process that must be followed. A spouse with a parenting order or agreement who wants to move generally must give written notice to the other guardian of the child, and to other people who have contact with the child. A person who doesn’t want the move to happen can apply to court to have a judge decide whether the move is in the child’s best interests.


For information about family violence, watch the ''[http://www.clicklaw.bc.ca/resource/2707 Talking about Abuse]'' video series. This series can help non-English speakers understand how Canadian law defines family violence. It provides information on where people in BC can get help in their own language.
Legal Aid BC explains [https://family.legalaid.bc.ca/children/parenting-guardianship/moving-and-travelling-your-children/can-you-move-or-without-your the process on relocation].  


For more information and help, see the [[Find Out More in Learning about the Law|Find Out More]] section. It links you to resources that can help anyone who may be a victim of family violence.
==Abuse and staying safe==
===Family violence===
[[File:Childreflecting.png | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
Family violence is any kind of abusive behaviour used to get power and control over a family member. It can be intentional or unintentional. It can happen during a relationship or after it ends.


==Separation and sponsorship==
Family violence includes physical abuse (such as hitting a partner or child). It also includes sexual, psychological, and emotional or verbal abuse. It includes threats and harassment.  
===If you are a permanent resident===
If your spouse (married or unmarried) sponsored you to come to Canada and you are now a permanent resident (landed immigrant), you can stay in Canada even if you leave the marriage or common-law relationship.  


Your sponsor:
If someone is at risk of family violence, they may need to get a '''protection order''' from the court. A protection order is meant to protect a person and their children from violence carried out by another family member. It can stop the family member from making contact  and from visiting the family home or a workplace.  
*cannot make you leave Canada,  
*does not have the right to keep your children or your property, and
*still has a legal responsibility to help support you and your children.  


To find out more about what could happen when a sponsorship does not work, read "[http://www.clicklaw.bc.ca/resource/2449 If Your Sponsor Abuses You]," published by the Legal Services Society. It explains what to do if the person who sponsored you is unwilling or unable to support you, and you are unable to support yourself.
If the family member does not follow the protection order, the police can help. They can arrest and charge the family member with a criminal offence.  
===If you are not a permanent resident===
If you are not a permanent resident in Canada and you and your sponsor separate, you will need to get immediate advice about your immigration status. If possible, contact an immigration lawyer.  


To find an immigration law lawyer through the Lawyer Referral Service, see the [[Find Out More in Learning about the Law | Find Out More]] section. If there has been violence in the relationship, tell the lawyer.
Dial-A-Law outlines [https://dialalaw.peopleslawschool.ca/family-violence/ key supports for those experiencing family violence]. As well, Legal Aid BC offers a factsheet series, [https://family.legalaid.bc.ca/publications/live-safe-end-abuse ''Live Safe, End Abuse''].  


==Going to court==
===When children need protection===
Couples who cannot reach an agreement may have to go to court. The court process focuses on helping you to resolve as much of your case as possible without having a trial.  
Sometimes parents don’t take care of their children. Maybe they leave the children alone, or hurt them, or don’t give them enough food. This is '''child abuse'''.
:'''Note:''' The section on the [[Criminal and Civil Law and the Role of the Courts|Role of the Courts]] discusses the levels of court. It is helpful to get legal advice if you are going to court.  


Here are some things to expect in the court process:
If you are aware of a possible case of child abuse, the law says you ''have'' to report it to the BC government. You can call their provincial screening line at 1-800-663-9122 at any time of the day or night.


*'''Exchanging information''': The law requires you and your spouse to provide each other with "full and true information" so you can resolve your family law dispute. The court rules set out what information you must provide before you go to court.
If a child protection worker thinks a child is in danger, they can remove the child from the home and place them in a safe place, such as the home of a relative.  
*'''Meeting with a child support clerk''': The court might send you to see a child support clerk to help you figure out how much child support should be paid in your case.
*'''Meeting with a family justice counsellor''': In some Provincial Court locations, you meet with a family justice counsellor before you go to court. The family justice counsellor helps you look at your options and can give you legal information.
*'''Meetings to discuss options for settling your case''': In BC Supreme Court, you have a meeting called a judicial case conference with a judge or master (a court official). This happens before you can ask the court for an order that your spouse does not agree with. In Provincial Court, you may have a meeting with a judge called a family case conference. This happens before you can have a court hearing.
*'''A temporary solution''': You may need a ''temporary'' solution for parenting arrangements, child and spousal support, and who lives in the family home. You can apply to the court for what is called an ''interim order''. An interim order is for a limited time.


===If you and your spouse can agree===
When a child is removed, the worker and the parents have to go to court. The judge will hear from the worker and the parents and then decide what happens to the child.
If you and your spouse can reach an agreement, you can get what is called a consent order. You will be able to get a consent order without appearing in court as long as all your documents are in order and the judge is satisfied that you have arranged for the care of and support of your children.  


===If you and your spouse cannot agree ===
There are some differences in the process for Indigenous children and families. For example, the child protection worker must take steps to protect the child's Indigenous identity and family ties, and a representative of the child’s Indigenous community will become involved.
If you and your spouse cannot agree, there is a trial in court. A judge decides the issues that you can’t agree on. The judge puts the decision into a final order. Both parents must do what the court order says.
:'''For example:''' Maria and Eduardo couldn’t agree. They went to court. The judge decided that their child should live with Maria. The judge also decided how often Eduardo could see the child. By law, Eduardo and Maria must obey the court order.
[[File:Child with arm raised.jpg|right|frame|link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]


==When children need protection==
Dial-A-Law has information on [https://dialalaw.peopleslawschool.ca/child-abuse/ reporting suspected child abuse] and [https://dialalaw.peopleslawschool.ca/child-protection/ child protection and removal]. As well, Legal Aid BC has information about child and family rights on their [https://aboriginal.legalaid.bc.ca/child-family-rights Aboriginal Legal Aid in BC website]. They also have booklets on [https://lss.bc.ca/publications/pub/parents-rights-kids-rights ''Parents’ Rights, Kids’ Rights''] and [https://lss.bc.ca/publications/pub/if-your-child-taken ''If Your Child Is Taken''].
Sometimes parents don’t take care of their children. Maybe they leave the children alone, or hurt them or don’t give them enough food. This is child abuse.  


If you are aware of a possible case of child abuse, the law requires you to contact the BC Ministry of Children and Family Development. Call the Helpline for Children: 310-1234 (no area code needed). Your <span class="noglossary">action</span> can prevent further child abuse and help the family.
==Resolving family law issues==
Sometimes separating couples can’t agree on how to deal with their family issues. They might think going to court is their only option. Sometimes that’s true. For example, if someone is violent or is threatening to take the children out of town.


When you call the Helpline for Children, you talk to a social worker who is willing to listen and take <span class="noglossary">action</span>. Actions to protect a child may include:
But most family law problems can be resolved without going to court.  
*providing or arranging support services to the family, or
*supervising the child’s care in the home.  


If the social worker thinks that the child is in danger, the social worker can remove the child from the home to a safe place. When this happens, the social worker and the parents have to go to court. The social worker has to prove in court that the child was in danger.  
===Resolving issues out of court===
Among the options to sort out family issues outside the courtroom are:
* '''Mediation'''. The separating couple meets with a trained, neutral person called a mediator. The mediator can help the couple talk to each other and agree on their issues. The mediator doesn’t take sides or force solutions on people. They don’t make any of the decisions. They work to help the couple make decisions both can live with. 
* '''Collaborative negotiation'''. The spouses each hire a specially-trained lawyer who practices collaborative negotiation. This is a confidential negotiation process where all involved agree to do everything possible to reach a fair settlement without going to court. Everyone participates in a series of meetings to try to come to an agreement.
* '''Arbitration'''. The spouses hire a trained, neutral person called an arbitrator. The arbitrator makes a decision resolving the legal issues at an arbitration. Hiring an arbitrator is like hiring a private judge. An arbitrator’s decision is binding and just as enforceable as a court order.


The parents have the right to argue that their child should not be taken away from them. The parents should have a lawyer. If they can’t afford a lawyer, they should contact the Legal Services Society. For contact details see the [[Find Out More in Learning about the Law|Find Out More]] section.  
Dial-A-Law has more on [https://dialalaw.peopleslawschool.ca/mediation-and-collaborative-practice/ out-of-court options], including how to get started with any of these approaches.


The law is to protect children. The judge has to decide if the child needs protection. Then the judge will decide what will happen to the child.  
===Going to court===
Couples who can’t agree on their family issues may have to start a court action. If so, here are some things they can expect during the process:
* '''Exchange of information'''. The law requires each '''spouse''' to provide the other with "full and true information" so they can resolve their dispute. The court rules set out what information must be provided.
* '''Meetings to discuss options'''. The court process focuses on helping spouses resolve as many of their issues as possible without having a '''trial'''. Parties meet with a judge early in the process to see if it’s possible to reach an agreement.
* '''A temporary solution'''. In some cases, one or both spouses may need a ''temporary'' solution for issues, such as support payments or a decision about who lives in the family home. Either spouse can apply to the court for what is called an interim order. An '''interim order''' is for a limited time.


For information about child protection, see two Legal Services Society publications: the booklet ''[http://www.clicklaw.bc.ca/resource/1060 Parents’ Rights, Kids’ Rights]'', and the brochure "[http://www.clicklaw.bc.ca/resource/1048 If Your Child is Taken]."
If issues remain unresolved, there will be a '''trial''' in court. A judge listens to the evidence presented and makes decisions about the issues. The judge puts the decisions into a final order. Both spouses must do what the court order says.


For more information and help, see the [[Find Out More in Learning about the Law | Find Out More]] section.
Dial-A-Law explains the basics of [https://dialalaw.peopleslawschool.ca/family-court/ going to Provincial Court] for a family matter. Legal Aid BC covers the [https://family.legalaid.bc.ca/bc-legal-system BC legal system] in more detail.


{{REVIEWED | reviewer = [[People's Law School]], 2013}}
{{REVIEWED | reviewer = [[People's Law School]], 2022}}


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Elena Renderos
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