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Family Law Act

[SBC 2011] CHAPTER 25

Assented to November 24, 2011

Contents
Part 1 — Interpretation
1Definitions
2General interpretation
3Spouses and relationships between spouses
Part 2 — Resolution of Family Law Disputes
Division 1 — Resolution Out of Court Preferred
4Purposes of Part
5Duty to disclose
6Agreements respecting family law disputes generally
7Replacing agreements
8Duties of family dispute resolution professionals
9Duties of parties respecting family dispute resolution
Division 2 — Family Justice Counsellors
10Family justice counsellors
11Confidentiality of information
12Family justice counsellors not to be compelled
13Information obtained while receiving assistance
Division 3 — Parenting Coordinators
14Parenting coordinators
15When parenting coordinators may assist
16Information sharing for parenting coordination
17Assistance from parenting coordinators
18Determinations by parenting coordinators
19Changing or setting aside determinations
Part 3 — Parentage
Division 1 — General Matters
20Interpretation
21Void and voidable marriages
22Effect of Part
Division 2 — Determining Parentage
23Parentage to be determined by this Part
24Donor not automatically parent
25Parentage if adoption
26Parentage if no assisted reproduction
27Parentage if assisted reproduction
28Parentage if assisted reproduction after death
29Parentage if surrogacy arrangement
30Parentage if other arrangement
31Orders declaring parentage
32New evidence
33Parentage tests
Division 3 — Orders Made Outside British Columbia
34Definitions
35Recognition of Canadian extraprovincial declaratory orders
36Recognition of non-Canadian extraprovincial declaratory orders
Part 4 — Care of and Time with Children
Division 1 — Best Interests of Child
37Best interests of child
38Assessing family violence
Division 2 — Parenting Arrangements
39Parents are generally guardians
40Parenting arrangements
41Parental responsibilities
42Parenting time
43Exercise of parental responsibilities
44Agreements respecting parenting arrangements
45Orders respecting parenting arrangements
46Changes to child's residence if no agreement or order
47Changing, suspending or terminating orders respecting parenting arrangements
48Informal parenting arrangements
49Referral of questions to court
Division 3 — Guardianship
50Agreements respecting guardianship
51Orders respecting guardianship
52Who is entitled to notice
53Appointment of guardian in case of death
54Loss of guardian
55Appointment of standby guardian
56Limits on appointments
57Appointments must be accepted to take effect
Division 4 — Contact with a Child
58Agreements respecting contact
59Orders respecting contact
60Changing, suspending or terminating orders respecting contact
Division 5 — Compliance Respecting Parenting Time or Contact with a Child
61Denial of parenting time or contact
62When denial is not wrongful
63Failure to exercise parenting time or contact
64Orders to prevent removal of child
Division 6 — Relocation
65Definition and application
66Notice of relocation
67Resolving issues arising from relocation
68Child may be relocated unless guardian objects
69Orders respecting relocation
70If relocation permitted
71Not a change in circumstances
Division 7 — Extraprovincial Matters Respecting Parenting Arrangements
72Definitions and interpretation
73Purposes
74Determining whether to act under this Part
75Recognition of extraprovincial orders
76Superseding extraprovincial orders
77Wrongful removal of child
78Extraprovincial evidence
79Referral to court
Division 8 — International Child Abduction
80International child abduction
Part 5 — Property Division
Division 1 — General Rules
81Equal entitlement and responsibility
82Rights and remedies of third parties
Division 2 — Determining Family Property and Family Debt
83Interpretation
84Family property
85Excluded property
86Family debt
87Valuing family property and family debt
Division 3 — Before Agreement or Final Order is Made
88Orders under this Division
89Orders for interim distribution of property
90Temporary orders respecting family residence
91Temporary orders respecting protection of property
Division 4 — Dividing Family Property and Family Debt
92Agreements respecting property division
93Setting aside agreements respecting property division
94Orders respecting property division
95Unequal division by order
96Division of excluded property
97Giving effect to property division
Division 5 — Enforcing and Protecting Property Interests
98Definitions
99Filing in land title office
100Filing in personal property registry
101Orders for postponement, cancellation or discharge
102Donor of gift is party to agreement
103Enforceability of interest in property
104Rights under this Part
Division 6 — Jurisdiction and Choice of Law Rules
105Definitions and interpretation
106Determining whether to act under this Part
107Proper law of relationship
108Choice of law rules
109Extraprovincial property
Part 6 — Pension Division
Division 1 — General Matters
110Definitions
111Benefits to be determined in accordance with this Part
112Original agreements and orders
113Designation of limited members
Division 2 — Division of Benefits under Local Plans
114Benefits determined under defined contribution provision
115Benefits determined under defined benefit formula provision
116Local hybrid plans
117Local plans after pension commencement
Division 3 — Division of Other Benefits
118Annuities
119Supplemental plans
120Compensation for lost supplemental benefits
121Benefits for specified individuals
122Disability benefits
123Extraprovincial plans
Division 4 — Death of Member or Limited Member
124Death of member or limited member
125Entitlement to survivor benefits
126Waiving pension or survivor benefits
Division 5 — Other Matters Respecting Pension Division
127Agreements respecting division
128Determining compensation
129Reapportioning benefits
130Clarifying division of benefits
131Changing division of benefits in unusual circumstances
132Retroactive division of benefits
Division 6 — Administrative Matters
133Information from plan
134Agreement or order required for division of benefits
135Information required by plan
136Notice or waiver
137Implementing division of benefits
138Adjustment of member's pension
139Transfer of commuted value of separate pension or share
140Administrative costs
141Income tax
142Claim does not relieve duty to administer benefits
143Administrator's duties
144Trust of survivor and pension benefits
145No further entitlement after division of benefits
Part 7 — Child and Spousal Support
Division 1 — Definitions
146Definitions
Division 2 — Child Support
147Duty to provide support for child
148Agreements respecting child support
149Orders respecting child support
150Determining child support
151If parentage at issue
152Changing, suspending or terminating orders respecting child support
Division 3 — Child Support Service
153Definitions
154Establishment of child support service
155Recalculation of child support
156Correction of recalculation
157Changing, suspending or terminating recalculated amounts
158Information to be given to child support service
159Notices
Division 4 — Spousal Support
160Duty to provide support for entitled spouse
161Objectives of spousal support
162Determining spousal support
163Agreements respecting spousal support
164Setting aside agreements respecting spousal support
165Orders respecting spousal support
166Misconduct of spouse
167Changing, suspending or terminating orders respecting spousal support
168Review of spousal support
169Review of spousal support if pension benefits
Division 5 — General
170Matters that may be provided for in support orders
171Support obligations after death
172Separate support amounts required
173Priority of child support
174Reducing or cancelling arrears
Part 8 — Children's Property
175Definitions
176Guardian not automatically entitled to receive property
177Delivery of any property to trustee
178Delivery of small property
179Appointment of trustee by Supreme Court
180Subsequent applications respecting trustee
181When child's property must be delivered to child
Part 9 — Protection from Family Violence
182Definitions
183Orders respecting protection
184Whether to make protection order
185If child a family member
186Orders without notice
187Changing or terminating orders respecting protection
188Enforcing orders respecting protection
189Conflict between orders
190Rights not affected by Act
191Extraprovincial orders
Part 10 — Court Processes
Division 1 — Jurisdiction of Court Generally
192Supreme Court jurisdiction
193Provincial Court jurisdiction
194Overlapping court jurisdiction
194.1Joining proceedings
195Provincial Court enforcement of Supreme Court orders
196Certain actions must not be maintained
Division 2 — Procedural Matters
197Complying with duties respecting family dispute resolution
198Time limits
199Conduct of proceeding
200Applications may be heard in party's absence
201Legal capacity of children
202Court may decide how child's evidence is received
203Children's lawyer
204Intervention by Attorney General or other person
205Spouse compellable as witness
206Exclusion of the public or from publication
207Information accompanying orders
Division 3 — Standing in Aboriginal Matters
208Guardianship of Nisga'a child
209Guardianship of treaty first nation child
210Property proceeding involving treaty lands
Division 4 — General Orders the Court May Make
211Orders respecting reports
212Orders respecting disclosure
213Enforcing orders respecting disclosure
214Orders respecting agreements
215Changing, suspending or terminating orders generally
216Court may make interim orders
217Interim orders before changing, suspending or terminating orders
218Terms and conditions of orders
219Persons may consent to order being made
220Court may make order on behalf of child
221Misuse of court process
Division 5 — Orders Respecting Conduct
222Purposes for which orders respecting conduct may be made
223Orders respecting case management
224Orders respecting dispute resolution, counselling and programs
225Orders restricting communications
226Orders respecting residence
227Other orders respecting conduct
228Enforcing orders respecting conduct
Division 6 — Enforcement Generally
229Service need not be proved
230Enforcing orders generally
231Extraordinary remedies
232Offence Act application
Division 7 — Appeals
233Appeals from Provincial Court orders
234Order under appeal remains in effect
Part 11 — Search Officers
235Definitions
236Search officers
237Searchable information
238Requesting and disclosing searchable information
239Requesting searchable information
240Disclosing searchable information
241Information-sharing agreements
242Orders respecting searchable information
243Restrictions on disclosure of information
244Offences
Part 12 — Regulations
245Regulations respecting family dispute resolution
246Regulations respecting pension division
247Regulations respecting child support
248General regulation-making powers
249Other regulation-making powers
Part 13 — Transitional Provisions
250Definition
251Transition — care of and time with children
252Transition — proceeding respecting property division
253Transition — pension benefits
254Transition — changing, suspending or terminating orders
255Transition — restraining orders
256Transition — regulations
Part 14 — Repeals, Related Amendment and Consequential Amendments
257-259 Repeals
260 Related Amendment
261-481 Consequential Amendments
482Commencement
Schedule