Family Law Act Consultation
This consultation closed September 30, 2016.
The Family Law Act came fully into force on March 18, 2013, replacing the Family Relations Act. The new act significantly changed the way guardianship and parenting arrangements are conceptualized within family law in British Columbia, introducing new terminology as well as a new framework for determining parents’ responsibilities towards their children. The Family Law Act also reformed the division of property, listing the types of property that are excluded from family property and generally will not be divided up after the parties separate.
Whenever new legislation is enacted, it is anticipated the courts will provide guidance on how the new legislative provisions are to be interpreted as cases are decided using the new law. There are now three years of case law interpreting the Family Law Act. Feedback received by government suggests that this is an opportune time to consider particular issues that have been raised related to guardianship and division of property under the Family Law Act.
Government is seeking input on the issues and questions related to guardianship set out in the “Discussion Paper: Guardianship Issues under the Family Law Act."
Input is also sought on the issues and questions related to property division set out in the “Discussion Paper: The Presumption of Advancement and Property Division under the Family Law Act.”
Following the consultation, ministry staff will review feedback and determine whether the feedback received supports developing recommendations for amendments to the Family Law Act.