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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

ALONG THE FRASER: Fish ladder for Alouette dam would boost threatened wild sockeye

In action for more than a century can no longer be ignored: environmentalist

Maple Ridge hosts virtual plant-based eating discussion

Registered dietitian Vesanto Melina discusses pros of vegetarian diet

LETTER: Pitt Meadows woman tired of speeders on Bonson

Speed bumps or increased enforcement are needed to curtail racers through a park zone

LETTER: Lock cats and small dogs away from wily coyotes

If you have a letter you’d like to submit, please email us at editor@mapleridgenews.com.

LETTER: Priority should be given to locals accessing Golden Ears park

Maple Ridge residents should be able to reserve new day passes ahead of out-of-towners: one local

QUIZ: Do you know the truth?

In what has been described as a post-truth era, how much do you know about truth and lies?

NHL playoffs: Canucks to meet St. Louis Blues in Round 1

Vancouver takes on defending champs beginning Wednesday

Fraser Valley Bandits fall to Edmonton in CEBL final

Bandits lose 90-73 to Stingers in Sunday’s Summer Series final

Simon Cowell breaks his back falling from electric bike

Incident happened at his home in California

VIDEO: Internet famous Yukon-based bhangra dancer explores Vancouver Island

Gurdeep Pandher spreads joy through dance, forms cross-cultural connections amid pandemic

Unofficial holidays: the weird and wonderful things people celebrate around the world

On any given day of the year, there are several strange, silly or serious holidays to observe

Fraser Valley Bandits advance to CEBL Championship Game

Bandits post comeback 76-75 win over Hamilton Honey Badgers in Saturday’s semifinal

IHIT on scene of suspicious early-morning fire on rural Mission property

Entrance to Gunn Avenue property cordoned off while investigation takes place, updates coming

Most Read