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Difference between revisions of "The Law for Family Matters"
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This section provides an overview of legislated laws, the common law, and the common law system of justice. It also talks about how to decide whether to begin a court proceeding under the ''[[Divorce Act]]'' or the ''[[Family Law Act]]''. | This section provides an overview of legislated laws, the common law, and the common law system of justice. It also talks about how to decide whether to begin a court proceeding under the ''[[Divorce Act]]'' or the ''[[Family Law Act]]''. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Look for explanations under this heading to read about recent changes to family law affecting the information provided in this section. | |||
==Introduction== | ==Introduction== | ||
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Both the Parliament of Canada and the Legislative Assembly of British Columbia have the power to make laws in their different areas of authority. This kind of law is called legislation, and each piece of legislation, called a statute, is intended to address a specific subject, like how we drive a car or how houses are built, where and when we can fish or hunt, what companies can do, and how schools, hospitals, and the post office work. Legislation governs how we interact with each other and implements government policy. | Both the Parliament of Canada and the Legislative Assembly of British Columbia have the power to make laws in their different areas of authority. This kind of law is called legislation, and each piece of legislation, called a statute, is intended to address a specific subject, like how we drive a car or how houses are built, where and when we can fish or hunt, what companies can do, and how schools, hospitals, and the post office work. Legislation governs how we interact with each other and implements government policy. | ||
Government can also make regulations for a particular piece of statute that might contain important additional rules or say how the legislation is to be interpreted. The big difference between legislation and regulations is that legislation is publicly debated and voted on by the members of Parliament or the Legislative Assembly. Regulations are made by government without the necessity of a parliamentary vote, and often don't get much publicity as a result. | Government can also make regulations for a particular piece of statute law that might contain important additional rules or say how the legislation is to be interpreted. The big difference between legislation and regulations is that legislation is publicly debated and voted on by the members of Parliament or the Legislative Assembly. Regulations are made by government without the necessity of a parliamentary vote, and often don't get much publicity as a result. | ||
Because statutes and regulations have such a big impact on how we live our lives, they are relatively easy to find and relatively easy to understand. Unlike the common law, legislation is written down and organized. All of the current federal statutes can be found on the website of the [http://laws-lois.justice.gc.ca/eng/ Department of Justice]. All of the current provincial statutes can be found on the [http://www.bclaws.ca/ BC Laws] website run by the Queen's Printer. | Because statutes and regulations have such a big impact on how we live our lives, they are relatively easy to find and relatively easy to understand. Unlike the common law, legislation is written down and organized. All of the current federal statutes can be found on the website of the [http://laws-lois.justice.gc.ca/eng/ Department of Justice]. All of the current provincial statutes can be found on the [http://www.bclaws.ca/ BC Laws] website run by the Queen's Printer. | ||
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Because family law issues can be very broad and touch on other areas of law, such as contract law or company law, other pieces of legislation may also apply to a problem. For example, the ''[http://canlii.ca/t/8481 Name Act]'' allows a spouse to change their name following a divorce, the ''[http://canlii.ca/t/84g5 Adoption Act]'' deals with adoption, the ''[http://canlii.ca/t/8456 Land Title Act]'' deals with real property, the ''[http://canlii.ca/t/848q Partition of Property Act]'' allows a co-owner of real property to force the sale of the property, and the ''[http://canlii.ca/t/84ld Business Corporations Act]'' deals with the incorporation of companies, shareholders' loans, and other things that may be important if a spouse owns or controls a company. | Because family law issues can be very broad and touch on other areas of law, such as contract law or company law, other pieces of legislation may also apply to a problem. For example, the ''[http://canlii.ca/t/8481 Name Act]'' allows a spouse to change their name following a divorce, the ''[http://canlii.ca/t/84g5 Adoption Act]'' deals with adoption, the ''[http://canlii.ca/t/8456 Land Title Act]'' deals with real property, the ''[http://canlii.ca/t/848q Partition of Property Act]'' allows a co-owner of real property to force the sale of the property, and the ''[http://canlii.ca/t/84ld Business Corporations Act]'' deals with the incorporation of companies, shareholders' loans, and other things that may be important if a spouse owns or controls a company. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''. | |||
==Choosing the law and the court== | ==Choosing the law and the court== | ||
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{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[JP Boyd]], March 6, 2021}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||