New family laws to advice action calm violence
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FAMILY LAWS OVERHAUL HIGHLIGHTS
Other important measures in B.C.'s proposed changes to its family laws include:
- Repealing a controversial law that allows parents to sue their adult children for support.
- Creating "parenting co-ordinators" with the authority to resolve disputes within existing parenting agreements -- without tying up court resources.
- Forcing a mandatory 60-day notice when a guardian wants to relocate a child so parents can resolve the move co-operatively, and a judge can consider whether it is in the child's best interests.
- Making "children's best interests the only consideration in parenting disputes" and allowing for the consideration of a child's view.
- Changing certain legal language to more neutral terms, such as replacing "custody" with "guardianship," and "access" with "parenting time."
- New penalties against parents who fail to show up for their allotted time with a child, or who withhold access from another parent. Sanctions range from counselling to the removal of the child to up to 30 days in jail.
- Expanding the law on dividing property among common-law couples.
- Excluding certain types of property from being split at the end of a relationship, including pre- and post-relationship property, gifts and inheritances.
- Regularly reviewing spousal-support agreements.
- Defining domestic violence and making it a consideration in determining a child's best interest. Also, ensuring family court judges know of any current criminal or civil proceedings against the parties involved.
- Replacing family law restraining orders with "protection orders" enforceable under the Criminal Code.
- Giving judges new "conduct orders" to deal with so-called "high-conflict families" that are so acrimonious and hostile that they tie up the system and perpetuate conflict. The court may also appoint a lawyer for a child to help refocus the disagreement on the best interests of the child.
New family laws to advice action calm violence
By: Mahesh
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