| Contents |
|---|
| Part 1 — Interpretation |
| | 1 | Definitions |
| | 2 | General interpretation |
| | 3 | Spouses and relationships between spouses |
| Part 2 — Resolution of Family Law Disputes |
| | Division 1 — Resolution Out of Court Preferred |
| | 4 | Purposes of Part |
| | 5 | Duty to disclose |
| | 6 | Agreements respecting family law disputes generally |
| | 7 | Replacing agreements |
| | 8 | Duties of family dispute resolution professionals |
| | 9 | Duties of parties respecting family dispute resolution |
| | Division 2 — Family Justice Counsellors |
| | 10 | Family justice counsellors |
| | 11 | Confidentiality of information |
| | 12 | Family justice counsellors not to be compelled |
| | 13 | Information obtained while receiving assistance |
| | Division 3 — Parenting Coordinators |
| | 14 | Parenting coordinators |
| | 15 | When parenting coordinators may assist |
| | 16 | Information sharing for parenting coordination |
| | 17 | Assistance from parenting coordinators |
| | 18 | Determinations by parenting coordinators |
| | 19 | Confirming, changing or setting aside determinations |
| Part 3 — Parentage |
| | Division 1 — General Matters |
| | 20 | Interpretation |
| | 21 | Void and voidable marriages |
| | 22 | Effect of Part |
| | Division 2 — Determining Parentage |
| | 23 | Parentage to be determined by this Part |
| | 24 | Donor not automatically parent |
| | 25 | Parentage if adoption |
| | 26 | Parentage if no assisted reproduction |
| | 27 | Parentage if assisted reproduction |
| | 28 | Parentage if assisted reproduction after death |
| | 29 | Parentage if surrogacy arrangement |
| | 30 | Parentage if other arrangement |
| | 31 | Orders declaring parentage |
| | 32 | New evidence |
| | 33 | Parentage tests |
| | Division 3 — Orders Made Outside British Columbia |
| | 34 | Definitions |
| | 35 | Recognition of Canadian extraprovincial declaratory orders |
| | 36 | Recognition of non-Canadian extraprovincial declaratory orders |
| Part 4 — Care of and Time with Children |
| | Division 1 — Best Interests of Child |
| | 37 | Best interests of child |
| | 38 | Assessing family violence |
| | Division 2 — Parenting Arrangements |
| | 39 | Parents are generally guardians |
| | 40 | Parenting arrangements |
| | 41 | Parental responsibilities |
| | 42 | Parenting time |
| | 43 | Exercise of parental responsibilities |
| | 44 | Agreements respecting parenting arrangements |
| | 45 | Orders respecting parenting arrangements |
| | 46 | Changes to child's residence if no agreement or order |
| | 47 | Changing, suspending or terminating orders respecting parenting arrangements |
| | 48 | Informal parenting arrangements |
| | 49 | Referral of questions to court |
| | Division 3 — Guardianship |
| | 50 | Agreements respecting guardianship |
| | 51 | Orders respecting guardianship |
| | 52 | Who is entitled to notice |
| | 53 | Appointment of guardian in case of death |
| | 54 | Loss of guardian |
| | 55 | Appointment of standby guardian |
| | 56 | Limits on appointments |
| | 57 | Appointments must be accepted to take effect |
| | Division 4 — Contact with a Child |
| | 58 | Agreements respecting contact |
| | 59 | Orders respecting contact |
| | 60 | Changing, suspending or terminating orders respecting contact |
| | Division 5 — Compliance Respecting Parenting Time or Contact with a Child |
| | 61 | Denial of parenting time or contact |
| | 62 | When denial is not wrongful |
| | 63 | Failure to exercise parenting time or contact |
| | 64 | Orders to prevent removal of child |
| | Division 6 — Relocation |
| | 65 | Definition and application |
| | 66 | Notice of relocation |
| | 67 | Resolving issues arising from relocation |
| | 68 | Child may be relocated unless guardian objects |
| | 69 | Orders respecting relocation |
| | 70 | If relocation permitted |
| | 71 | Not a change in circumstances |
| | Division 7 — Extraprovincial Matters Respecting Parenting Arrangements |
| | 72 | Definitions and interpretation |
| | 73 | Purposes |
| | 74 | Determining whether to act under this Part |
| | 75 | Recognition of extraprovincial orders |
| | 76 | Superseding extraprovincial orders |
| | 77 | Wrongful removal of child |
| | 78 | Extraprovincial evidence |
| | 79 | Referral to court |
| | Division 8 — International Child Abduction |
| | 80 | International child abduction |
| Part 5 — Property Division |
| | Division 1 — General Rules |
| | 81 | Equal entitlement and responsibility |
| | 82 | Rights and remedies of third parties |
| | Division 2 — Determining Family Property and Family Debt |
| | 83 | Interpretation |
| | 84 | Family property |
| | 85 | Excluded property |
| | 86 | Family debt |
| | 87 | Valuing family property and family debt |
| | Division 3 — Before Agreement or Final Order is Made |
| | 88 | Orders under this Division |
| | 89 | Orders for interim distribution of property |
| | 90 | Temporary orders respecting family residence |
| | 91 | Temporary orders respecting protection of property |
| | Division 4 — Dividing Family Property and Family Debt |
| | 92 | Agreements respecting property division |
| | 93 | Setting aside agreements respecting property division |
| | 94 | Orders respecting property division |
| | 95 | Unequal division by order |
| | 96 | Division of excluded property |
| | 97 | Giving effect to property division |
| | Division 5 — Enforcing and Protecting Property Interests |
| | 98 | Definitions |
| | 99 | Filing in land title office |
| | 100 | Filing in personal property registry |
| | 101 | Orders for postponement, cancellation or discharge |
| | 102 | Donor of gift is party to agreement |
| | 103 | Enforceability of interest in property |
| | 104 | Rights under this Part |
| | Division 6 — Jurisdiction and Choice of Law Rules |
| | 105 | Definitions and interpretation |
| | 106 | Determining whether to act under this Part |
| | 107 | Applicable internal law |
| | 108 | Choice of law rules |
| | 109 | Extraprovincial property |
| Part 6 — Pension Division |
| | Division 1 — General Matters |
| | 110 | Definitions |
| | 111 | Benefits to be determined in accordance with this Part |
| | 112 | Original agreements and orders |
| | 113 | Designation of limited members |
| | Division 2 — Division of Benefits in Local Plans |
| | 114 | Local defined contribution plans |
| | 115 | Local defined benefit plans |
| | 116 | Local hybrid plans |
| | 117 | Local plans after pension commencement |
| | Division 3 — Division of Other Benefits |
| | 118 | Annuities |
| | 119 | Supplemental pension plans |
| | 120 | Compensation for lost supplemental benefits |
| | 121 | Benefits for specified individuals |
| | 122 | Disability benefits |
| | 123 | Extraprovincial plans |
| | Division 4 — Death of Member or Limited Member |
| | 124 | Death of member or limited member |
| | 125 | Entitlement to preretirement survivor benefits |
| | 126 | Waiving pension or postretirement survivor benefits |
| | Division 5 — Other Matters Respecting Pension Division |
| | 127 | Agreements respecting division |
| | 128 | Determining compensation |
| | 129 | Reapportioning benefits |
| | 130 | Clarifying division of benefits |
| | 131 | Changing division of benefits in unusual circumstances |
| | 132 | Retroactive division of benefits |
| | Division 6 — Administrative Matters |
| | 133 | Information from plan |
| | 134 | Agreement or order required for division of benefits |
| | 135 | Information required by plan |
| | 136 | Notice or waiver |
| | 137 | Implementing division of benefits |
| | 138 | Adjustment of member's pension |
| | 139 | Transfer of commuted value of separate pension or share |
| | 140 | Administrative costs |
| | 141 | Income tax |
| | 142 | Claim does not relieve duty to administer benefits |
| | 143 | Administrator's duties |
| | 144 | Trust of survivor and pension benefits |
| | 145 | No further entitlement after division of benefits |
| Part 7 — Child and Spousal Support |
| | Division 1 — Definitions |
| | 146 | Definitions |
| | Division 2 — Child Support |
| | 147 | Duty to provide support for child |
| | 148 | Agreements respecting child support |
| | 149 | Orders respecting child support |
| | 150 | Determining child support |
| | 151 | If parentage at issue |
| | 152 | Changing, suspending or terminating orders respecting child support |
| | Division 3 — Child Support Service |
| | 153 | Definitions |
| | 154 | Establishment of child support service |
| | 155 | Recalculation of child support |
| | 156 | Correction of recalculation |
| | 157 | Changing, suspending or terminating recalculated amounts |
| | 158 | Information to be given to child support service |
| | 159 | Notices |
| | Division 4 — Spousal Support |
| | 160 | Duty to provide support for entitled spouse |
| | 161 | Objectives of spousal support |
| | 162 | Determining spousal support |
| | 163 | Agreements respecting spousal support |
| | 164 | Setting aside agreements respecting spousal support |
| | 165 | Orders respecting spousal support |
| | 166 | Misconduct of spouse |
| | 167 | Changing, suspending or terminating orders respecting spousal support |
| | 168 | Review of spousal support |
| | 169 | Review of spousal support if pension benefits |
| | Division 5 — General |
| | 170 | Matters that may be provided for in support orders |
| | 171 | Support obligations after death |
| | 172 | Separate support amounts required |
| | 173 | Priority of child support |
| | 174 | Reducing or cancelling arrears |
| Part 8 — Children's Property |
| | 175 | Definitions |
| | 176 | Guardian not automatically entitled to receive property |
| | 177 | Delivery of any property to trustee |
| | 178 | Delivery of small property |
| | 179 | Appointment of trustee by Supreme Court |
| | 180 | Subsequent applications respecting trustee |
| | 181 | When child's property must be delivered to child |
| Part 9 — Protection from Family Violence |
| | 182 | Definitions |
| | 183 | Orders respecting protection |
| | 184 | Whether to make protection order |
| | 185 | If child a family member |
| | 186 | Orders without notice |
| | 187 | Changing or terminating orders respecting protection |
| | 188 | Enforcing orders respecting protection |
| | 189 | Conflict between orders |
| | 190 | Rights not affected by Act |
| | 191 | Extraprovincial orders |
| Part 10 — Court Processes |
| | Division 1 — Jurisdiction of Court Generally |
| | 192 | Supreme Court jurisdiction |
| | 193 | Provincial Court jurisdiction |
| | 194 | Overlapping court jurisdiction |
| | 195 | Provincial Court enforcement of Supreme Court orders |
| | 196 | Certain actions must not be maintained |
| | Division 2 — Procedural Matters |
| | 197 | Complying with duties respecting family dispute resolution |
| | 198 | Time limits |
| | 199 | Conduct of proceeding |
| | 200 | Applications may be heard in party's absence |
| | 201 | Legal capacity of children |
| | 202 | Court may decide how child's evidence is received |
| | 203 | Children's lawyer |
| | 204 | Intervention by Attorney General or other person |
| | 205 | Spouse compellable as witness |
| | 206 | Exclusion of the public or from publication |
| | 207 | Information accompanying orders |
| | Division 3 — Standing in Aboriginal Matters |
| | 208 | Guardianship of Nisga'a child |
| | 209 | Guardianship of treaty first nation child |
| | 210 | Property proceeding involving treaty lands |
| | Division 4 — General Orders the Court May Make |
| | 211 | Orders respecting reports |
| | 212 | Orders respecting disclosure |
| | 213 | Enforcing orders respecting disclosure |
| | 214 | Orders respecting agreements |
| | 215 | Changing, suspending or terminating orders generally |
| | 216 | Court may make interim orders |
| | 217 | Interim orders before changing, suspending or terminating orders |
| | 218 | Terms and conditions of orders |
| | 219 | Persons may consent to order being made |
| | 220 | Court may make order on behalf of child |
| | 221 | Misuse of court process |
| | Division 5 — Orders Respecting Conduct |
| | 222 | Purposes for which orders respecting conduct may be made |
| | 223 | Orders respecting case management |
| | 224 | Orders respecting dispute resolution, counselling and programs |
| | 225 | Orders restricting communications |
| | 226 | Orders respecting residence |
| | 227 | Other orders respecting conduct |
| | 228 | Enforcing orders respecting conduct |
| | Division 6 — Enforcement Generally |
| | 229 | Service need not be proved |
| | 230 | Enforcing orders generally |
| | 231 | Extraordinary remedies |
| | 232 | Offence Act application |
| | Division 7 — Appeals |
| | 233 | Appeals from Provincial Court orders |
| | 234 | Order under appeal remains in effect |
| Part 11 — Search Officers |
| | 235 | Definitions |
| | 236 | Search officers |
| | 237 | Searchable information |
| | 238 | Requesting and disclosing searchable information |
| | 239 | Requesting searchable information |
| | 240 | Disclosing searchable information |
| | 241 | Information-sharing agreements |
| | 242 | Orders respecting searchable information |
| | 243 | Restrictions on disclosure of information |
| | 244 | Offences |
| Part 12 — Regulations |
| | 245 | Regulations respecting family dispute resolution |
| | 246 | Regulations respecting pension division |
| | 247 | Regulations respecting child support |
| | 248 | General regulation-making powers |
| | 249 | Other regulation-making powers |
| Part 13 — Transitional Provisions |
| | 250 | Definition |
| | 251 | Transition — care of and time with children |
| | 252 | Transition — proceeding respecting property division |
| | 253 | Transition — pension benefits |
| | 254 | Transition — changing, suspending or terminating orders |
| | 255 | Transition — restraining orders |
| | 256 | Transition — regulations |
| Part 14 — Repeals, Related Amendment and Consequential Amendments |
| | 257-259 | Repeals |
| | 260 | Related Amendment |
| | 261-480 | Consequential Amendments |
| | 481 | Not in Force |
| | 482 | Commencement |
| Schedule |
