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

ARTS AROUND: Last call for cruise ship vendors

Last cruise ship arrives in the Alberni Inlet on July 6

BIZ BEAT: Port Alberni businesses celebrate milestones

RE/MAX Mid-Island moving into new building on Johnston Road

Solda’s Family Restaurant celebrates 50 years in Port Alberni

Restaurant is currently up for sale to “the right buyer”

Cherry Creek Waterworks District imposes water restrictions

Stage 1 water restrictions now in effect

Paint your toe for Pride in Port Alberni

Alberni couple launches campaign to show support for the LGBTQ community

VIDEO: B.C. First Nation plans to launch legal challenge after Trans Mountain approval

Meanwhile, Premier John Horgan says he’ll continue to defend the B.C. coast

Federal cabinet ministers visit Edmonton, Calgary, in wake of TMX approval

Natural Resources Minister Amarjeet Sohi is set to visit Trans Mountain Corp.’s terminal in Edmonton

B.C. municipality prepares to forbid overnight camping by homeless despite court ruling

While courts have ruled against blanket bans, Langley City is employing a site-by-site approach

B.C. auditor says Indigenous grad rate highest ever but education gaps exist

The percentage of Indigenous students graduating from B.C. public high schools has hit its highest level ever

Statistics Canada reports annual pace of inflation rises in May to 2.4%

Transportation prices gained 3.1 per cent as the cost of air transportation added 8.9 per cent

BREAKING: Forest fire on North Island disrupts Hwy. 19

Wildfire has reached .25 hectares, according to BC Wildfire Service

Man to be sentenced for sexual abuse of young girl in Nanaimo

Stephen Mark Castleden also sentenced for child pornography-related charges

MPs hear retired B.C. nurse’s petition to change compensation for fatal medical errors

Teri McGrath wants provinces to implement no-fault system for medical errors

VIDEO: Firefighters stop blaze from spreading after BMW crashes at Saratoga Speedway

Victoria-based businessmen were ‘corner training’ on Father’s Day when incident took place

Most Read