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Difference between revisions of "Learning about Family Law"
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Learning about Family Law (view source)
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{{REVIEWEDPLS | reviewer = [[People's Law School]]|date= | {{REVIEWEDPLS | reviewer = [[People's Law School]]|date= January 2023}}{{Learning about the Law Wikibook TOC}}{{Law-Related ESL Badge | ||
|lessonname= Elder Law Lesson Module}} | |lessonname= Elder Law Lesson Module}} | ||
Family law is the area of law that deals with relationships, marriage, and children. | Family law is the area of law that deals with relationships, marriage, and children. | ||
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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. | 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. | ||
If the parents separate, both remain the child’s | If the parents separate, both remain the child’s guardians, unless an agreement or court order removes one of them as a guardian. | ||
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. | 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. | ||
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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. | 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. | ||
In | In their booklet [https://legalaid.bc.ca/publications/pub/sponsorship-breakdown ''Sponsorship Breakdown''], Legal Aid BC explains what happens when an immigration sponsorship breaks down. | ||
===Divorce=== | ===Divorce=== | ||
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* that their spouse abused them physically or mentally (called '''cruelty''' under the law) | * that their spouse abused them physically or mentally (called '''cruelty''' under the law) | ||
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 | 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 their original marriage certificate. | ||
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. | 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. | ||
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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. | 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. | ||
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 | 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 guardian who doesn’t want the move to happen can object by making an application to court. In deciding whether or not to allow a move, a judge will look at the child’s best interests. | ||
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]. | 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]. | ||
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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. | 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. | ||
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. | 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. This process is evolving as the BC government has recognized the rights of Indigenous communities to make laws and provide their own child and family services. | ||
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'']. | 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'']. | ||
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Among the options to sort out family issues outside the courtroom are: | 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. | * '''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 | * '''Collaborative negotiation'''. The spouses each hire a specially-trained lawyer who practises 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. | * '''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. | ||
