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Bill C-78 Amendments to Divorce Act in force July 1, 2020 – Get Ahead of the Game!
A One-Stop Resource for Practising Family Law in British Columbia – With annotations of all key family law statutes, Child Support Guidelines and practice rules
British Columbia Family Law Practice, 2020 Edition is once again your source for all the annotated legislation that a B.C. family law professional needs. This new edition reflects recent court approaches in interpreting and applying the Divorce Act, Child Support Guidelines, the B.C. Child, Family and Community Service Act, Family Law Act and other federal and provincial family legislation. It also continues to offer the original Ministry interpretations of every FLA provision, and cross-references to help you negotiate the new legislation.
New In This Edition
On June 21, 2019, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, S.C. 2019 c. 16 (Bill C-78), was granted Royal Assent. Most of the Divorce Act amendments will come into force on July 1, 2020, while most of the GAPDA amendments and some of the FOAEAA amendments came into force upon Royal Assent. Highlights include:
Amendments to s. 16 of the Divorce Act (Parenting and Contact Orders) – Bests interest of child is re-enacted to maintain the best interests of the child as the only consideration for parenting decisions and include various measures to promote the best interests of the child.
Amendments to Terminology – The amendments replace the terms "custody" and "access" with terminology focused on parents' responsibilities for their children.
A new framework for Mobility rights – The new framework for changes of residence and relocation includes three broad components: 1) Notice of a proposed change of residence or relocation, 2) Additional best interests criteria for relocation cases, and 3) Burdens of proof that will apply in certain relocation cases
Amendments to address family violence through: 1) Coordination of court proceedings, 2) Evidence-based definition of family violence, and 3) Best interests of the child criteria.
Key FOAEAA amendments include:
Administrative child support recalculation services
Interjurisdictional proceedings involving provinces or involving a province and a foreign designated jurisdiction
Key GAPDA amendments include:
Extension of the period within which a garnishee summons must be served on the federal Crown
MEPs will now be able to apply for pension diversion on behalf of support recipients, without obtaining a certified copy of the support order.
Changes to International Conventions
Amendments to Family Law Act from S.B.C. 2019, c. 4, ss. 1-3
Amendments to Child, Family and Community Services Act from S.B.C. 2018, c. 27, in force April 1, 2019...
