Changes to Family Law in British Columbia

By Michelle Guy, Vancouver Family Law Lawyer at Paine Edmonds LLP

A new bill was passed on November 23, 2011 which received Royal Assent on November 24, 2011. The new Family Law Act changes much of the terminology used in Family Law and redesigns the Family Relations Act. Much of the new law is not yet in force, and the Family Relations Act is still predominantly the governing legislation in British Columbia.

The new Family Law Act will be in full force as of March 18, 2013. At that time, it will replace the Family Relations Act.

Some main features are:

- the Act sets out the “best interests of the child” as the only consideration when making determination     affecting the children;

- the concepts of “custody” and “access” are being replaced with “guardianship”, “parenting time” and “parental responsibilities”;

- the Act encourages alternatives to court for resolving family disputes: including, mediation, negotiation, use of parenting coordinators and arbitration;

- the Act attempts to define and address family violence;

- the Act sets out a series of tools and remedies to support children having access to both of their parents;

- the Act brings significant changes to how property is treated in both marriage and common law relationships;

- the Act seeks to create presumptions of parentage, including in cases of assisted reproduction (such as a donor or surrogate).