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 16:53, 18 October 2021

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==New Rules, Forms and Processes for the BC Provincial Court==
==New Rules, Forms and Processes for the BC Provincial Court==


In May 2020, the Provincial Court adopted a new set of rules, and expanded its use of Early Resolution Registries, which use a very different process for resolving family law matters. Victoria and Surrey courthouses are now called Early Resolution Registries. More information about the new rules and the early resolution process can be found on the [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcrf-explained.pdf website of the government of British Columbia].
In May 2020, the Provincial Court adopted a new set of Provincial Court Family Rules while also expanding its use of Early Resolution Registries. These are big changes which means that all of the discussion and references to Provincial Court rules, forms, and procedures in [[JP Boyd on Family Law]] (which were reviewed in 2019) are out-of-date and should be treated with caution.  


The early resolution process is designed to encourage people to resolve family law disputes by agreement, and to help them get just and speedy decisions in court if agreement isn't possible. Cases that do need to be resolved through court are subject to closer management by the court, and the new forms and processes are easier to access and easier to complete.
Details about how the new rules and the early resolution process work is available from the provincial government on its website. You can read an overview about the https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution early resolution process] and read a summary about how [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021
 
the new Provincial Court Family Rules have changed.] For a more detailed rule-by-rule explanation of the Provincial Court Family Rules, [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/justice-reform-initiatives/family-civil/pcrf-explained.pdf the government of British Columbia has also released a longer document].
This is how government describes the new early resolution process in Surrey and Victoria. The process will generally involve:
 
<blockquote>"Starting at the Surrey or Victoria Justice Access Centre (JAC) to get information about your options, the process and how to access legal advice and other resources.</blockquote>
<blockquote>"Filing a form called the Notice to Resolve at the Early Resolution Registry.</blockquote>
<blockquote>"Contacting the JAC to make an appointment for your individual needs assessment.</blockquote>
<blockquote>"Complete an individual needs assessment with a Family Justice Counsellor at the JAC.</blockquote>
<blockquote>"Complete the Parenting After Separation program unless you have completed it within the last two years or meet one of the few exemptions (the JAC staff can identify for you if an exemption applies).</blockquote>
<blockquote>"Participate in at least one consensual dispute resolution session (including any required preparation for the session), if appropriate.</blockquote>
<blockquote>"When issues are resolved you can formalize your agreements by written agreement or consent order.</blockquote>
<blockquote>"If there are still issues that need to be resolved, and you need the Court’s help, file a form called Application about a Family Law Matter with all your supporting documents and serve it on the other party.</blockquote>
<blockquote>"When you and the other party (or parties) have replied or the time for reply has passed, work with the Judicial Case Manager to schedule a Family Management Conference.
At the Family Management Conference, you and the other party (or parties) will meet with a judge."</blockquote>
 
You can get a lot more information about the https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution early resolution process] and the [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021
new Provincial Court Family Rules] from the government's website.


==Resources and links==
==Resources and links==
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