BC Government Seeks Input on Family Law Act

  • September 13, 2016


The CBABC Family Law Working Group prepared surveys to assist in preparing its submission to the BC government in response to the Family Law Act discussion papers.

Survey on Guardianship Deadline - Survey closed Fri., Sept. 30.

Survey on Presumption of Advancement - Survey closed Wed., Sept. 21.

Thank you to all who participated in these surveys.

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

Responses to the questions raised in the Discussion Papers can be submitted by regular mail or email until September 30, 2016

By regular mail:

Civil Policy and Legislation Office
Justice Services Branch
Ministry of Justice
PO Box 9222, Stn Prov Govt
Victoria, BC V8W 9J1