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Difference between revisions of "Recent Changes to Family Law in British Columbia"
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Recent Changes to Family Law in British Columbia (view source)
Revision as of 17:12, 18 February 2021
, 17:12, 18 February 2021no edit summary
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<blockquote>'''Shared custody:''' Shared custody under section 9 of the Guidelines is now called "shared parenting time." Parents have shared parenting time when the children live with each of them for 40% or more of the time.</blockquote> | <blockquote>'''Shared custody:''' Shared custody under section 9 of the Guidelines is now called "shared parenting time." Parents have shared parenting time when the children live with each of them for 40% or more of the time.</blockquote> | ||
==New and Revised Supreme Court Forms== | ==New and Revised Forms== | ||
Because of the changes in the new ''Divorce Act'', two of the forms in cases before the Supreme Court have been updated and a new form has been created. The ''Divorce Act'' also provides three brand new forms used when someone wants to move away after separation, called ''relocation''. | |||
===Court Forms=== | |||
Under the old Supreme Court forms used to make claims in family law disputes, the Notice of Family Claim and the Counterclaim, lawyers had to "certify" that they have complied with their duties under the ''Divorce Act''. "Certify" isn't as fancy as it sounds. Basically, lawyers put the date and their signature below a part of the form that looked like this: | Under the old Supreme Court forms used to make claims in family law disputes, the Notice of Family Claim and the Counterclaim, lawyers had to "certify" that they have complied with their duties under the ''Divorce Act''. "Certify" isn't as fancy as it sounds. Basically, lawyers put the date and their signature below a part of the form that looked like this: | ||
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* parties have to give each complete, accurate and up-to-date information as necessary to resolve their disagreement. | * parties have to give each complete, accurate and up-to-date information as necessary to resolve their disagreement. | ||
Under the new section 7.6, the parties to a course case under the ''Divorce Act'' have to certify that they are "aware" of these duties, and need to sign a certificate in their Notice of Family Claim or Counterclaim just like lawyers do. | Under the new section 7.6, the parties to a course case under the ''Divorce Act'' have to certify that they are "aware" of these duties, and need to sign a certificate in their Notice of Family Claim or Counterclaim just like lawyers do. Here's what the certificate looks like: | ||
[[File:PartyCertificate.png|600px|frameless|center]] | |||
There's also a form that's brand new, Form F102, Statement of Information for Corollary Relief Proceedings. ''Corollary relief'' refers to claims made about parenting after separation, child support or spousal support under the ''Divorce Act'', but this form is only needed when someone is asking for orders about parenting after separation. The form requires you to describe any: | There's also a form that's brand new, Form F102, Statement of Information for Corollary Relief Proceedings. ''Corollary relief'' refers to claims made about parenting after separation, child support or spousal support under the ''Divorce Act'', but this form is only needed when someone is asking for orders about parenting after separation. The form requires you to describe any: | ||
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This form is necessary, because under section 7.8 of the new ''Divorce Act'', judges must take into account cases like these, and any orders made in those cases, when making decisions about parenting after separation. | This form is necessary, because under section 7.8 of the new ''Divorce Act'', judges must take into account cases like these, and any orders made in those cases, when making decisions about parenting after separation. | ||
===Relocation Forms=== | |||
Under section 16.9, a parent who wants to move away after separation, with or without the children, needs to give people with parenting time, decision-making responsibility or contact notice of their intention to move. Under section 16.96, someone with contact also has to give notice when they are planning to move away. | |||
The form used by parents who want to move is called a [https://www.justice.gc.ca/eng/fl-df/divorce/nrf-fad.html|Notice of Relocation Form]. | |||
==The Provincial Court Pilot Project== | ==The Provincial Court Pilot Project== | ||