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

If climate is an emergency, act like it

Council has declared a climate emergency, but is sitting on money that could mitigate its effects

CT scanner officially open in Smithers

As of noon on July 12 the machine had scanned 45 patients, five of which were emergency CT scans.

Musical collaboration comes together at Midsummer Music Festival

The project was done to acknowledge a potential for harmony among otherwise disparate communities.

WATCH: Mip performs at Bulkley Valley Brewery July 12

Catch two songs from Mip’s nearly three-hour set at the brewery on July 12.

Joaquin ‘El Chapo’ Guzman sentenced to life in prison

Experts say he will likely wind up at the federal government’s Supermax prison in Florence, Colorado

Olympic softball qualifier gets $150K boost from provincial government

2019 Americas Qualifier to be held in Surrey from Aug. 25-Sept. 1

Gas price inquiry questions Trans Mountain capacity, company denies collusion

The first of up to four days of oral hearings in the inquiry continue in Vancouver

‘Benzos’ and fentanyl a deadly cocktail causing a growing concern on B.C. streets

Overdoses caused by benzodiazepines can’t be reversed with opioid-overdose antidote naloxone

Will you be celebrating national hotdog day with any of these crazy flavours?

The popularity of hotdogs spans generations, cultures

Former home of accused Penticton shooter vandalized

Ex-wife of man who is accused of murdering four people had her house vandalized

Survivor of near-drowning in B.C. lake viewing life through new eyes

“If I died that day, the baby wouldn’t know his dad,” said 31-year-old Mariano Santander-Melo.

‘Beyond the call’: Teen in police custody gets birthday surprise by B.C. Mountie

Unusual celebration started when Staff Sgt. Paul Vadik went to visit the teen in his Coquitlam cell

Thunderstorms forecast across B.C.

Environment Canada has issued a thunderstorm watch for B.C.’s central Interior

Most Read