Making family law better for families

Family Law Act Modernization

When the Family Law Act (FLA) came into force in 2013, it introduced reforms to address the needs of families in British Columbia. The Act is the primary private family law statute in B.C. and impacts almost all areas of family justice in the province.

It’s important for the Family Law Act to remain up-to-date to reflect changes in society as well as developments in case law.

The Ministry of Attorney General has begun a multi-year review of the Act. 

The objectives of the review are to:

• Modernize the law where appropriate
• Address any issue or gaps identified since the FLA came into force

This review will take place in three phases to allow government, interest holders and the public to address issues over time.

Phase 1 – Status Update

• Phase 1 engagements informed Spring 2023 amendments introduced in Bill 17 – 2023: Family Law Amendment Act, 2023. Through these changes, the B.C. government clarified the law around companion animals, property and pension division to better meet the modern-day needs of separating couples. The property division amendments and amendments related to companion animals are already in force. The pension division amendments will be brought into force at a later date. 
• Discussions relating to Indigenous Cultural Property are ongoing with various Indigenous groups.

Phase 1 - Public Engagement 

Public engagement took place from July 26 to September 9, 2022. The public was invited to provide feedback by completing a survey or by sending a written response. We thank those who took the time to provide their feedback.

The feedback received from the survey and written submissions has been summarized in a “What We Heard” Report and will help contribute to further analysis and policy development.

We invite you to visit our engagement results summary at govTogetherBC.

Phase 2 – In Progress 

In Phase 2, the ministry is reviewing the following topics:

• Family Violence and Protection Orders
• Parenting assessments and “Views of the Child” Reports (child-centered decision making, children’s views and parenting assessments and reports)
• Time with and Care of Children (guardianship, parenting arrangements, relocation and contact)
• Parentage - The BC Law Institute (BCLI) is conducting policy and engagement work on the topic of parentage, including parentage in cases involving assisted reproduction or surrogacy

Early Indigenous Engagement

Building on existing research and early discussions, engagement with Indigenous Peoples began early in Phase 2. This included virtual information sessions in February 2023 and four regional, in-person dialogue sessions in May and June 2023 with First Nations community members with lived experience of the Phase 2 topics.

The ministry worked with Mahihkan Management to develop and offer culturally appropriate, Indigenous-facilitated sessions. Mahihkan provided independent note-taking and circulated draft notes, as well as the draft “What We Heard” report, to the participants for their review and input. The ministry is working with Métis Nation British Columbia and Mahihkan Management to offer a dialogue session with Métis participants.

• Informational backgrounders for Indigenous dialogue sessions on Phase 2 topics include:
  • Assessments and Reports
  • Child-Centred Decision-Making
  • Family Violence
  • Guardianship
  • Parentage and Assisted Reproduction
  • Parenting Arrangements
  • Protection Orders
  • Relocation
  • Indigenous Cultural Property (Phase 1)

• What We Heard Report (First Nations participants)

The FLA is a tool Indigenous families may choose or need to use in some circumstances to resolve disputes through the family justice system. However, it is not the only tool available, as some Indigenous groups may have Indigenous legal orders or alternate processes that could help members resolve family law disputes.

This report identifies themes and input as well as background about the dialogue sessions themselves. Participants emphasized the importance of understanding the diversity of First Nations as well as the historical and current contexts of colonialism, systemic racism and intergenerational trauma (including that resulting from the residential school system). They also stressed the need to recognize Indigenous family networks, to hear from children, to maintain cultural connections and to consider how alternative justice methods used by Indigenous groups to address family disputes could be incorporated into dispute resolution processes and decision-making under the FLA. In addition, participants raised issues surrounding perceptions of equity and the need for information, wrap-around supports and resources for guardians.

Ministry staff are deeply grateful to all who participated in the dialogue session and to Mahihkan Management for aiding these meaningful sessions.

• A separate “What We Heard” report will be developed following the dialogue session with Métis participants.

Phase 2 - Public Engagement open until March 31, 2024

Visit govTogetherBC for information and to participate in the public engagement. It includes a detailed technical discussion paper as well as surveys that will help the government understand the experience of people who have used the Family Law Act. 

The BC Law Institute (BCLI) will be conducting public engagement on the topic of parentage in Winter 2024. More information is available on the BCLI website. 

Phase 3 – Planned

• Family dispute resolution processes
• Judicial case management and enforcement of orders and agreements
• Children’s property
• Child support