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                                This Act is current to August 12, 2020
                                See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

                                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 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
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