Making Family Law Better for Families
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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
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.
BC 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for families in B.C. The Family Law Act Modernization project is working now to identify and propose changes to update outdated provisions, fill gaps or add clarification for more consistent interpretation.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 include 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.
Technical paper
Read the technical paper:
- Full paper (PDF, 1MB)
- Executive summary (PDF, 500KB)
- Individual chapters:
- Chapter 1 – Guardianship, Parenting Arrangements & Contact (PDF, 1MB)
- Chapter 2 – Relocation of a Child (PDF, 1MB)
- Chapter 3 – Child-Centered Decision Making (PDF, 1MB)
- Chapter 4 – Children’s Views & Parenting Assessments and Reports (PDF, 1MB)
- Chapter 5 – Family Violence & Protection Orders (PDF, 1MB)
The BC Law Institute
The BC Law Institute is conducting policy and engagement work on the topic of parentage. Information about their engagement and how to participate is expected to be posted on their website in Winter 2024.
Results (Phase 2)
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, and 44 interested members of the public. Fifteen youth also replied to the surveys. 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 BC, and youth.
Read the full What We Heard Report (PDF, 2MB) or read a specific chapter:
- Chapter 1 – Guardianship and Parenting Arrangements (PDF, 400KB)
- Chapter 2 – Relocation (PDF, 600KB)
- Chapter 3 – Child-centred Decision Making (PDF, 600KB)
- Chapter 4 – Assessments and Reports (PDF, 900KB)
- Chapter 5 – Family Violence (PDF, 500KB)
A public consultation about parentage under the FLA was conducted through the British Columbia Law Institute (BLCI). Information about the BCLI project, including a final report with recommendations, is available on their website at https://www.bcli.org/project-review-of-parentage-consultation-under-part-3-of-the-family-lawact/.
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)
Results (Phase 1)
For property division and spousal support:
- 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. 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 BC 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.
Related engagements
