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Difference between revisions of "Introduction to Family Law in British Columbia"
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Introduction to Family Law in British Columbia (view source)
Revision as of 19:34, 7 August 2017
, 19:34, 7 August 2017Mostly language updates, some clarification on technical issues
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==Common family law problems== | ==Common family law problems== | ||
All sorts of people in all sorts of situations can have family law problems, including couples who live together and couples who don't, couples who are married and couples who aren't, | All sorts of people in all sorts of situations can have family law problems, including couples who live together and couples who don't, couples who are married and couples who aren't, and couples who intended to have a child together and couples who didn't. In British Columbia, family law applies to same-sex couples in exactly the same way that it applies to opposite-sex couples.The sorts of problems a couple can have when their relationship ends include deciding how the children <span class="noglossary">will</span> be cared for, whether support should be paid, and who <span class="noglossary">will</span> keep which property and which debt. | ||
Family law problems about children | Family law problems about children include making decisions about: | ||
*''parenting time'' or ''custody'', which | *''parenting time'' or ''custody'', which includes deciding where the children <span class="noglossary">will</span> live for most of the time, | ||
*''parental responsibilities'' or ''custody'', which | *''parental responsibilities'' or ''custody'', which includes deciding how parents or guardians <span class="noglossary">will</span> make decisions about important things in the children's lives, about issues like health care and education, and | ||
*''parenting time'', ''contact'' or ''access'', which are about deciding how much time each parent <span class="noglossary">will</span> have with the children. | *''parenting time'', ''contact'' or ''access'', which are about deciding how much time each parent and other people <span class="noglossary">will</span> have with the children. | ||
Support means money that one person pays another to help with that person's expenses. Family law problems about support | Support means money that one person pays another to help with that person's expenses. Family law problems about support include: | ||
*''child support'', money that is paid to help with expenses for the children, like clothing and food, and | *''child support'', money that is paid to help with expenses for the children, like shelter, clothing, medical expenses and food, and | ||
*''spousal support'', money that is paid to help with a spouse's day-to-day living expenses, like rent, the phone bill and the hydro <span class="noglossary">bill</span>, and sometimes to compensate a spouse for | *''spousal support'', money that is paid to help with a spouse's day-to-day living expenses, like rent, the phone bill and the hydro <span class="noglossary">bill</span>, and sometimes money that is paid to compensate a spouse for effect of economic decisions made during the relationship. | ||
When a couple have property, sometimes including when only one person has property, they have to decide if and how that property <span class="noglossary">will</span> be shared between them. In family law, the property married spouses and unmarried spouses share is called ''family property'', generally only the property that accumulated during a relationship. Family property can include things like houses, bank accounts, and cars. It can also include RRSPs and pensions. | When a couple have property, sometimes including when only one person has property, they have to decide if and how that property <span class="noglossary">will</span> be shared between them. In family law, the property married spouses and unmarried spouses share is called ''family property'', generally only the property that accumulated during a relationship. Family property can include things like houses, bank accounts, and cars. It can also include RRSPs and pensions. Sometimes a couple also has to decide who <span class="noglossary">will</span> take responsibility for debts. Generally, only the debts that accumulated during a relationship <span class="noglossary">will</span> be shared between married spouses and unmarried spouses. | ||
Married spouses also have to decide about whether they want to get divorced. Divorce is the legal termination of a marriage, and only a judge can make you divorced. Most married spouses whose relationship has ended want to get divorced, but it's usually a low priority. Couples who aren't married, including unmarried spouses, never need to get divorced. | |||
Married spouses also have to decide about whether they want to get divorced. Divorce is the legal | |||
All of these family law problems <span class="noglossary">will</span> be discussed in more detail later on. | All of these family law problems <span class="noglossary">will</span> be discussed in more detail later on. | ||
As you can see, the sorts of family law problems a couple can have sometimes depends on what their relationship was like. In family law, there are | As you can see, the sorts of family law problems a couple can have sometimes depends on what their relationship was like. In family law, there are four main types of relationship: | ||
#'''Unmarried couples.''' An unmarried couple probably think of themselves as boyfriend and girlfriend. They may have lived together, but not for too long. Sometimes an unmarried couple involved in a family law problem <span class="noglossary">will</span> have been together only for a very short while ― perhaps just long enough to make a baby. | #'''Unmarried couples.''' An unmarried couple probably think of themselves as boyfriend and girlfriend. They may have lived together, but not for too long. Sometimes an unmarried couple involved in a family law problem <span class="noglossary">will</span> have been together only for a very short while ― perhaps just long enough to make a baby. | ||
#'''Unmarried spouses.''' Unmarried spouses are not legally married. Unmarried spouses have lived together in a loving relationship, and, for most purposes of the ''[[Family Law Act]]'', must have lived together for at least two years or for less than two years if the couple have had a child together. | #'''Unmarried spouses.''' Unmarried spouses are not legally married. Unmarried spouses have lived together in a loving relationship, and, for most purposes of the ''[[Family Law Act]]'', must have lived together for at least two years or for less than two years if the couple have had a child together. | ||
#'''Married spouses.''' Married spouses have been legally married, by a marriage commissioner or a religious official licensed to perform marriages, and their marriage has been registered with the government where they were married. | #'''Married spouses.''' Married spouses have been legally married, by a marriage commissioner or a religious official licensed to perform marriages, and their marriage has been registered with the government where they were married. | ||
#'''Parents.''' Parents are people who have had a baby together, sometimes including people who helped as the donor of sperm, the donor of eggs or a surrogate mother. Parents may be an unmarried couple, unmarried spouses, married spouses or complete strangers. What matters is that they have a child. | |||
'''Further reading:''' | '''Further reading:''' | ||
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==The courts of British Columbia== | ==The courts of British Columbia== | ||
There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. The Court of Appeal is the highest court in the province and the Provincial Court is the lowest. Most family law litigation happens in the Provincial Court and the Supreme Court. | There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. The Court of Appeal is the highest court in the province and the Provincial Court is the lowest. The Provincial Court and the Supreme Court are ''trial courts'', which means that if litigants can't solve a legal problem for themselves, the court can make decisions resolving those problems after hearing from witnesses and considering the other evidence presented at a formal trial. The Court of Appeal is an ''appeal court'', meaning that it doesn't hold trials, it just hears arguments about whether the decision of a trial court was correct or incorrect. Most family law litigation happens in the Provincial Court and the Supreme Court. | ||
The branch of the Provincial Court that deals with family law is called the Provincial (Family) Court. Other branches of the Provincial Court include the Provincial (Youth) Court and the Provincial (Small Claims) Court. When this | The branch of the Provincial Court that deals with family law is called the Provincial (Family) Court. Other branches of the Provincial Court include the Provincial (Youth) Court and the Provincial (Small Claims) Court. (When this resource talks about the Provincial (Family) Court, it will just say the "Provincial Court.") The Provincial Court can deal with: | ||
*guardianship of children under the ''[[Family Law Act]]'', | *guardianship of children under the ''[[Family Law Act]]'', | ||
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*orders protecting property. | *orders protecting property. | ||
This chart shows which court can deal with which problem: | The Supreme Court can also hear appeals of decisions made by the Provincial Court. The Court of Appeal only hears appeals of decisions made by the Supreme Court, including decisions made by the Supreme Court about appeals from the Provincial Court. | ||
This chart shows which trial court can deal with which family law problem: | |||
::{| width="65%" class="wikitable" | ::{| width="65%" class="wikitable" | ||