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

Port Alberni to consider the future of McLean Mill

City council will be holding a committee of the whole meeting on Jan. 21

Intern gives Port Alberni’s museum artifacts an update

St. John’s man travelled more than 7,000 kms to assist with curatorial duties

BCHL: Bulldogs best Salmon Arm at home

Bulldogs face Powell River in Sunday matinee Jan. 20; puck drop is 2 p.m.

Port Alberni’s Kari Trott set to shine at Canada Winter Games

Trott is one of two Special Olympics BC figure skaters invited to the national event

BCHL: Bulldogs’ Hawthorne commits to NCAA Wildcats

20-year-old goaltender earns scholarship to play Div. 1 hockey next year

REPLAY: B.C’s best videos this week

In case you missed it, here’s a look at the replay-worth highlights from this week across the province

Patriots make 3rd straight Super Bowl, beat Chiefs 37-31 in OT

New England will meet L.A. Rams in NFL title game

Pettersson returns to lead Canucks to 3-2 win over Red Wings

Vancouver’s super rookie has 2 points in first game back after knee injury

Support pours in for Vancouver Island couple whose home was destroyed by massive blaze

GoFundMe page reached $10,000 in one day for soon-to-be parents

Skaters stranded in Saint John, NB, amid storm on last day of championships

More than half of the flights out of the city’s airport were cancelled due to the weather

Call for tighter bail rules after Saudi sex-crime suspect vanishes

Mohammed Zuraibi Alzoabi was facing charges related to alleged sexual assault, criminal harassment, assault and forcible confinement of a woman

12 poisoned eagles found in Cowichan Valley

Improper disposal of euthanized animal suspected

Olympic softball qualifier to be held in B.C.

Tournament is to be held Aug. 25 to Sept. 1

B.C. resident creates global sport training program

The 20 hour course teaches the science and application of interval training at the university level

Most Read