What's new in family law
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- December 5, 2016: Family Law Protection Order changes
- May 27, 2015: Family Maintenance Program Changes
- June 1, 2014: Amendments to the Child, Family and Community Service Act
- July 16, 2014: New Supreme Court family law pilot project
- May 26, 2014: Amendments to the Family Law Act
- March 18, 2013: New Family Law Act in effect today!
Effective December 5, 2016, the Ministry of Justice assumes responsibility for coordinating service of FLA protection orders issued when the respondent is not present in court. A process server under contract with the Ministry of Justice will serve such protection orders and the ministry, rather than the applicant, will pay for the service. The process server will be responsible for completing and submitting an Affidavit of Service for the court file upon completion of personal service.
Child support payments will no longer be considered income for parents collecting income or disability assistance, effective September 1, 2015. This means parents will no longer have to assign their maintenance rights to the ministry. A letter was sent to parents notifying them that they have until June 5 to continue any existing assignments of maintenance to the ministry. The ministry will still help parents get a child support order, but effective June 5, parents have to voluntarily assign their maintenance rights to the ministry to get that help. For more information, see The end of assigning maintenance rights: What does it mean? on The Factum blog and Family Maintenance Program Changes on the Ministry of Social Development and Social Innovation website.
Amendments to section 13 of the Child, Family and Community Service Act – when a child is in need of protection – came into force on June 1, 2014. There is also a minor amendment to section 5 of the act.
The Act is amended to say that a child is in need of protection if the child is emotionally harmed by the parent's conduct, or by living in a situation where there is domestic violence by or toward someone they live with. Another amendment expands the power of the Director of Child Protection to provide services to support children who witness domestic violence.
The Supreme Court has announced a two-year pilot project to help self-represented litigants in family cases. Beginning on September 2, 2014, a roster of several judges in both Vancouver and New Westminster will be assigned on a rotating basis to hear family matters, including trials, chambers, and conferences.
A family law lawyer will be hired to serve as a resource for the Court, and to support the development of jurisprudence under the Family Law Act and various initiatives for improving access to justice.
For more information see the Court of BC website.
The Justice Statutes Amendment Act came into effect May 26, 2014. Among other changes, it amends the Family Law Act (FLA) (March 2013) to clarify sections related to the division of property at the end of a spousal relationship, including those dealing with trusts and gifts received during a relationship.
The amendments define "weapon" and "firearm," giving them the same meaning as under the Criminal Code. The amendments also allow judges to order that family members not possess other specified objects or have the documents necessary to legally own or possess a weapon or firearm.
The Justice Statutes Amendment Act also makes minor amendments to the Family Maintenance Enforcement Act to correct sections that were affected when the FLA was enacted.
BC's new Family Law Act comes into effect today.
For more information, see BC celebrates new Family Law Act's significance on the Ministry of Justice website.