BC Family Law Act

The BC FAMILY LAW ACT which came into force on March 18, 2013, makes important changes to the way the Courts handle BC Property Division, BC Spousal Support, BC Child Support and BC parenting time with Children.

Important changes regarding children under the BC Family Law Act

The most important changes with respect to BC disputes involving children are:

1. BC Child Relocation
   If a child’s guardian (usually the child’s parent) plans on relocating with the child, he or she must give 60 days’ notice to other guardians or people who have contact with the child of the intended move. If a guardian or a person who has contact with the child disagrees with the move, that person must file an objection towards the move with the BC court. The Supreme or Provincial Court of BC must then decide whether the move is in the best interests of the child.
2. BC Family Violence
   The BC Provincial or BC Supreme Court may consider family violence to determine whether it is in the best interests of the child to spend parenting time with a parent. The court will consider the following factors:
   1. the nature and seriousness of the family violence;
   2. how recently the family violence occurred;
   3. the frequency of the family violence;
   4. whether any psychological or emotional abuse constitutes or is evidence of, a pattern of coercive and controlling behaviour directed at a family member;
   5. whether the family violence was directed toward the child;
   6. whether the child was exposed to family violence that was not directed toward the child;
   7. the harm to the child’s physical, psychological and emotional safety, security and well-being as a result of the family violence;
   8. any steps the person responsible for the family violence has taken to prevent further family violence from occurring;
   9. any other relevant matter.
3. BC Guardianship and Standby Guardianship
   The BC Family Law Act states that the child’s natural parents are presumed to be the child’s guardians unless there is an agreement or a Court Order stating otherwise.
   If a parent is not the child’s guardian, that parent is not allowed to make decisions on behalf of the child and may be allowed to have contact with the child instead of parenting time. A guardian or the Court may order that the child may have a standby guardian or testamentary guardian who will be able to make decisions on behalf of the child when the guardian is not able to exercise guardianship or has passed away.BC Property and Debt Division under the BC Family Law ActThe BC Family Law Act Provides that any property which is not an Excluded Property is subject to division upon separation or divorce. What is Excluded Property under the BC Family Law Act?
   • any property that each spouse owned before the relationship started;
   • gifts and inheritances given to only one spouse during the relationship;
   • compensation payments made to one spouse only for personal injury
   • or loss (unless it was meant to compensate both spouses or involves
   • income that was lost during the relationship);
   • insurance payments made to one spouse only for personal injury or
   • loss (unless it was meant to compensate both spouses or involves
   • income that was lost during the relationship); or
   • property bought during the relationship with excluded property
   • If property is purchased with Excluded Property during the relationship, then the purchased property is also excluded.

   If excluded property is brought into the relationship and appreciates in value, then the appreciation in value is family property and subject to division, unless you enter into an agreement and exclude the appreciation. 

   Debt Division

   The new BC Family Law Act also allows the court to divide family debts. Family debts are debts you take on during your relationship that:

   • are still owed on the date you separate, or
   • are taken on after your separation date to maintain family property. These debts are shared equally unless there is an agreement or court
     order that says differently.

   Important changes to Spousal Support under the BC family law Act

   Spousal support laws largely remain the same as the old laws but please note that you have two years to apply for spousal support after separation if you are not married but are a spouse under the Family Law Act BC such as common-law spouses.

   Child Support under the BC Family Law Act
   

   Under the new BC Family Law Act, the following people may have to pay child support:

   1. Child’s Parents
   2. Child’s guardians even if they are not parents
   3. Child’s step-parent(s).

   The responsibility to pay child support by step-parents may not be that under the Child Support Guidelines. It is determined by:

   1. The length of time the child spent with the step-parent
   2. The child’s standard of living while living with the step-parent.