Family law updated for modern times

The B.C. government has introduced changes to family law, to reflect modern trends from test-tube babies to common-law relationships.

Tracy Porteous

VICTORIA – The B.C. government has introduced sweeping changes to family law, to reflect modern trends from test-tube babies to the rising number of common-law relationships.

B.C. now has three times the number of couples moving in together as are getting married, and those common-law relationships are more likely to break up. The legislation treats those similar to a marriage, in caring for children and division of assets.

The new Family Law Act is designed to encourage out-of-court settlements in family breakups, which account for about one fourth of all cases in B.C.  courts. It does away with the terms “custody” and “access” and emphasizes parental responsibility and guardianship instead, with new penalties for parents who refuse to provide parenting time or fail to spend time with children as agreed or ordered by a judge.

The act also creates a new protection order for cases involving family violence, with any breach of the order treated as a criminal offence.

Tracy Porteous, executive director of the Ending Violence Association of B.C., said civil protection orders under the Family Relations Act are not taken seriously by police or coordinated with criminal investigations. Domestic violence cases are the second largest category of criminal charges in B.C. behind impaired driving.

“Hopefully, under this legislation, [judges] are not going to arrange to have someone who’s threatening to kill the mother to have custody of the child,” Porteous said.

Eugene Raponi, a family lawyer and mediator in Victoria, said common-law spouses currently have a difficult process to divide assets if they split up. The new legislation exempts inherited assets from settlements, and whether the couple is married or not, it calls for even division of assets accumulated while they are together.

It also protects voluntary agreements from being overturned by a judge, and provides for mediation and arbitration to reach agreements.

“I like to say that if it costs as much to get divorced as it did to get married, you’re doing well, and I think a mediation can accomplish that goal,” Raponi said.

The new law clarifies legal status for children where sperm or egg donors are used. An “intent to parent” definition ensures that donors do not have legal standing as parents.

Just Posted

VIDEO: Local athletes fell their competition at Port McNeill Logger Sports event

The Briscoe sisters will be travelling to upcoming Logger Sports shows all throughout the summer.

Remains of two people found in Ucluelet

Officials have not said whether or not the remains belong to Ryan Daley or Dan Archbald

‘Daddy bonus’ common in B.C. workplaces, study finds

UBC researchers say dads don’t have to be number one in the office to get a raise

B.C. turns up the heat

Environment Canada has issued a special weather statement for most the province due to high temperatures

Crush win again – outlasting Blue Sox at Father’s Day Classic

The Blue Sox had an early lead after three innings, but the Crush responded back with heavy hitting.

Canada won’t ‘play politics’ on U.S. migrant children policy

The U.S. government is under fire over its ”zero tolerance” policy

Late goal gives England 2-1 win over Tunisia

At the last World Cup in 2014, England couldn’t even win a game

Canadian military police officer pleads not guilty to sex assault

Sgt. Kevin MacIntyre, 48, entered his plea today at a court martial proceeding in Halifax

June/July Hot Spots

Find out what’s going on in the North Island (June 20-27)

North Island College gets $328,000 for forestry education funding

Announcement in Campbell River part of $1 million around B.C.

Cheers erupt as Federal Court judge approves historic gay purge settlement

Gay military veterans said they were interrogated, harassed and spied on because of their sexuality

Helping B.C.’s helpers cope

The MRT has helped almost 7,000 first responders and street workers in 57 communities in B.C.

Border officials argue B.C. man’s Facebook posts threat to Canada’s security

A B.C. Supreme Court judge acquitted Othman Hamdan of terrorism charges last September

Reena Virk’s mother has died

Both of Virk’s parents became activists against bullying in wake of daughter’s death

Most Read