Attorney General
Attorney General
Nov. 15, 2011
This week, our government introduced comprehensive new family law legislation to address the very issues B.C. families and courts are dealing with today. The Family Law Act clarifies parents' responsibilities, addresses family violence and supports families resolving disputes out of court. Most importantly, we are placing the safety and best interests of the child first when families are going through separation and divorce.
The unfortunate reality is that separation and divorce are more common in our society today than 30 years ago. That's why it was essential to bring forward new legislation that supports B.C. families through what is often an emotional and difficult experience. The legislation will replace the outdated Family Relations Act, which was introduced in 1978.
As mentioned in the recent throne speech, government committed to introducing the Family Law Act "to promote early resolution of family law problems." The Family Law Act supports processes that help families resolve disputes out of court, preserving the courts as a valuable last resort.
We want to encourage parents to work together in non-adversarial ways to make the best decisions possible for their children's future. The new legislation makes the law clearer and easier to understand and provides guidance for couples to fairly and quickly resolve their disputes without ever entering a courtroom.
Of course, we also recognize some family disputes must be resolved with court intervention, especially in cases where a risk of violence is involved. The Family Law Act creates tools to address family violence and identifies children's safety as the priority when considering their best interests. One essential tool is a new protection order, which will give the police and courts more clarity when dealing with family violence situations. Breaching a protection order will be a criminal offence.
We want to help ensure children have time with their parents so they can maintain a meaningful relationship. The proposed legislation provides a range of remedies and tools to more effectively deal with situations when parenting time arrangements aren't honoured. This will ensure parents receive - and follow through on - parenting time they are given.
B.C. is also now the first province in Canada to add relocation provisions for parents who wish to move with their child after separation. Including these provisions in law will provide certainty for the courts and help parents effectively resolve these disputes.
During separation, couples often debate how best to split their assets. That's why the legislation also clarifies how property is divided when couples break up, which will improve fairness and make it easier to identify the family assets. The new property division rules will be extended to unmarried spouses who have lived together for at least two years. This is consistent with the approach that already applies for spousal and child support rights, as well as in other areas of law such as income tax and wills and estates.
If passed, implementation is expected to take at least 12 to 18 months to give sufficient time to familiarize family lawyers and service providers with the broad scope of changes. It also allows time to revise court rules on family law.
The proposed legislation is the result of broad consultation on how best to update the Family Relations Act and keeps pace with reforms in other provinces and throughout the world. Most recently, in July 2010, government released a white paper with draft legislation and policy proposals. The white paper reflected five years of extensive research and consultation with members of the public, social organizations, community groups and the legal community. Government also consulted with stakeholders on the white paper.
We greatly appreciate the contributions of everyone who provided input to help us create a relevant and comprehensive Family Law Act. These changes will better support families going through relationship breakup while, most importantly, focusing on the safety and best interests of B.C.'s children.
