Things New or Notable

Changes coming to BC Family Relations Act

In July 1997, British Columbia's NDP government passed significant changes to the Family Relations Act (the "FRA"). As at the date of this writing (January 13, 1998), the changes are not yet in force as law, but the changes are expected to come into force some time in 1998. Major areas of change include:

Extending the FRA's application to persons living in a homosexual relationship that breaks down. These changes will allow homosexuals to more easily pursue claims relating to children (custody, access and child support), financial support between adults, and to a limited extent property division.
To a limited extent, allowing unmarried couples who separate (regardless of sexual orientation) to make an agreement as to property division to avail themselves of the protection normally available to married couples with respect to property division.
Bringing the FRA child support law in line with the child support law that has existed under the federal Divorce Act since May 1, 1997. These changes involve changing the definition of "child" and adopting, for provincial use, the Federal Child Support Guidelines.

Federal Committee Investigating Custody and Access

It has been said that one of the quid pro quo's for the Canadian Senate allowing the changes to the child support law in the Divorce Act was that the Canadian federal government would create a committee to study the law of custody and access in Canada and recommend changes. In late 1997, the Committee was in fact created and it has begun to work. As might be imagined, the Committee's work will generate significant controversy. The Committee will be accepting public input. Make your voice heard. Watch your newspapers for more, phone your Member of Parliament, or check out the Internet. I'd start with the web site for Senator Anne Cools. She's spoken out on a number of family-law related issues, and isn't afraid to be politically incorrect.