New legislation introduced today ensures family law in B.C. places the best interests of children first when making any decisions involving the child.

The new Family Law Act, if passed, will further clarify parental responsibilities and the division of assets if relationships break down, address family violence and encourage families to resolve their disputes out of court.

By replacing the outdated Family Relations Act, which was introduced in 1978, the Family Law Act addresses issues B.C. families are dealing with today.

The legislation:

• Puts children first by expressly stating that the best interests of the child must be the only consideration in making decisions involving the child.
• Supports ways for parents to resolve family matters outside of the courtroom, where appropriate, through agreements, mediation, parenting co-ordination and arbitration.
• Creates a new tool to address family violence - a new protection order will help the courts more effectively deal with family violence situations. Breaching a protection order will be a criminal offence.
• Helps ensure children have time with their parents by creating a range of remedies and tools for non-compliance that will ensure parents receive - and follow through on - parenting time they are given.
• Clarifies how property is divided to improve fairness when couples breakup after being in a marriage-like relationship for more than two years.

The proposed new act follows the July 2010 release of a white paper with draft legislation and policy proposals. The white paper reflected five years of extensive research and consultation on how best to update B.C.'s family law legislation.

Implementation of the Family Law Act is expected to take at least 12 to 18 months to give sufficient time to inform the legal profession and family service providers about the broad scope of the changes and to allow for rules changes that will be required.

Quotes:

Mary Ellen Turpel-Lafond, B.C. Representative for Children and Youth -

"This much-needed reform addresses significant social safety net gaps by ensuring that the family law lens will be focused on the best interests and safety of children, including those not living with their birth families. I am pleased that government has worked closely with my office to address domestic violence concerns raised in my past reports, such as Honouring Christian Lee - No Private Matter: Protecting Children Living With Domestic Violence. This bill marks a significant turning point for B.C. in addressing domestic violence, by introducing an explicit definition and provisions that send a clear message about the importance of courts considering all factors that might affect a child's safety. It will also put in place a much stronger system for addressing the safety of women and children through protective orders, with criminal consequences for those who disregard them."

Tracy Porteous, executive director, Ending Violence Association of BC -

"The Ending Violence Association of BC applauds the Ministry of Attorney General for ensuring that domestic violence is being addressed in concrete ways in the newly updated Family Law Act. The act defines family violence in a way that it never has in the past, and this represents an important step forward. We believe such changes pertaining to the "in the best interests of the child" test, for one, will promote better co-ordination of information and responses and increase the safety of women and their children in B.C."

Learn More:

For more information, visit: www.gov.bc.ca/ag.

A backgrounder follows.

Contact:

Dave Townsend
Government Communications and Public Engagement
Ministry of Attorney General
250 387-4962 or 250 889-5945 (cell)

BACKGROUNDER

Family Law Act

The Family Law Act introduced in the legislature today is the result of a comprehensive review of the Family Relations Act, introduced in 1978.

Other key changes under the proposed legislation include:

• Replacing terms such as custody and access with less adversarial terms, such as guardianship and parental responsibilities.

• Providing a range of remedies and enforcement tools for failing to comply with agreements or orders for time with a child. These include participation in family dispute resolution or counselling; reimbursing expenses such as travel, child care, lost wages by the parent unable to have time with the child; and payment of a fine by the parent denying the time.

• Making B.C. the first province in Canada to add relocation provisions to its law to assist parents and the courts in resolving issues when a parent wishes to move with their child.

• Providing new property division rules so that certain types of property, such as pre-relationship property and inheritances, will be excluded from the 50/50 division of property upon separation. These rules are also extended to common-law spouses. Spouses may opt out of the new rules and make different arrangements by agreement, if they choose.

For more detailed information about the proposed Family Law Act, please visit: www.gov.bc.ca/ag.

Contact:

Dave Townsend
Government Communications and Public Engagement
Ministry of Attorney General
250 387-4962 or 250 889-5945 (cell)