Making Family Law Better for Families

Home Engagement Opportunities Making Family Law Better for Families

On this page…

Engagement Summary
Phase 2
Phase 1

Overview

Who: The Ministry of the Attorney General

What: To update parts of the Family Law Act to make it work better for families

Where: Province-wide

Why: To make the Family Law Act clearer and more responsive to families’ needs

How: Online, written submissions

Category: Families and Residents, Law and Public Safety

Engagement Summary

Going through a divorce or separation is a difficult time for everyone involved. The justice system should be there to help – not make it harder.

B.C. is making changes to the Family Law Act to make it work better for families in B.C. The Family Law Act Modernization project is working now to identify and propose changes to update outdated provisions, fill gaps or add clarification for more consistent interpretation.

The Family Law Act (FLA) is B.C.’s primary statute for families going through separation and divorce. The statute:

Places the safety and best interests of children first
Encourages families to resolve their disputes outside of court
Addresses family violence
Clarifies parental responsibilities
Clarifies the division of property

Phase 1 of the FLA Modernization project included a review of the division of property and pensions, as well as spousal support provisions.

Phase 2 of the FLA Modernization project included a review of provisions about:

Guardianship, parenting arrangements and contact
Relocation of a child
Child-centred decision making
Children’s views and parenting assessments and reports
Family violence and protection orders

Phase 2

Phase 2 included a technical discussion paper with information and questions about family law and the family justice system. There were also four surveys for anyone who wished to provide feedback based on lived experience with these topics. Engagement for this phase was open January 11 to April 30, 2024.

Phase 2 also includes a policy intentions paper, which details the ministry’s intended policy recommendations based on our research and analysis of Phase 2 engagement feedback. We are not seeking feedback on the paper at this time.

Policy Intentions Paper – August 2025

Read the full Policy Intentions Paper (PDF, 950KB) or read a specific chapter:

Phase 2 What We Heard Report – September 2024

The public engagement from January to April 2024 resulted in:

42 written responses on the technical paper
609 responses to the surveys

The survey respondents included:

373 people who identified as being a parent or a family member in a family law dispute
57 advocates
52 lawyers
44 interested members of the public
15 youth

The written responses included feedback from lawyers, professional legal organizations, advocacy groups, report writers, and interested members of the public.

In addition to the surveys and written feedback, in-person and virtual dialogue sessions were held with groups of people with lived experience in family law topics, including Indigenous people, people with disabilities, immigrants, refugees and newcomers to B.C., and youth.

Read the full What We Heard Report (PDF, 2MB) or read a specific chapter:

Phase 2 Indigenous What We Heard Reports

The ministry conducted early dialogue sessions to better understand the lived experience of Indigenous Peoples regarding family law topics. First Nations Dialogue Sessions were held in May and June 2023.

Read the full What We Heard Report (PDF, 7MB) produced by Mahihkan Management.

A Métis Dialogue Session was developed in collaboration with Métis Nation British Columbia and held in February 2024.

Read the full What We Heard Report (PDF, 800KB) produced by Mahihkan Management.

Informational backgrounders on family law topics relevant to Indigenous families are available here: Making Family Law Better for Families – Province of British Columbia (gov.bc.ca)

The BC Law Institute

The BC Law Institute (BCLI) led the Parentage Law Reform Project, working with an expert project committee to review and consult on the provisions in Part 3 of the Family Law Act, which concerns the legal parentage of a child, including when a child is conceived using surrogacy or another form of assisted reproduction. BCLI also conducted public consultation as part of the review.

The project completed with a final report which explains the current law, identifies issues and makes recommendations for reform. These are described in detail in the body of the report and are also presented as Recommendation Summaries at the beginning of the report.

Read the full report (PDF, 4MB)

Technical paper

Read the technical paper:

Phase 1

Phase 1 included a technical discussion paper and a survey with information and questions about the family law topics of property division and spousal support.

The public engagement resulted in:

92 survey submissions
16 written responses

The survey respondents included 39 interested members of the public, 15 lawyers, 13 legal professionals, and 25 other individuals many of which identified themselves as support workers. The written responses were submitted by lawyers, professional legal organizations, advocacy groups, a First Nation, a public organization, and a not-for-profit society.

Read the full What We Heard Report (PDF, 200KB). A public consultation on the division of pensions under the FLA was conducted through the British Columbia Law Institute and the resulting report is published on their website.

These engagements informed Spring 2023 amendments to the Family Law Act. Through these changes, the B.C. government clarified the law around companion animals, property, and pensions to better meet the modern-day needs of separating couples.

The ministry is involved in ongoing discussions with Indigenous Peoples regarding the division of property that has Indigenous cultural significance when spouses separate.