According to an Aug. 25 news release, B.C.’s government is “intending to propose changes to the Family Law Act (FLA) to give more support to families and people experiencing family violence and to offer more parenting arrangements that put children’s needs first.”
The proposed changes are part of a multiyear review of the FLA and are being considered in light of a policy paper developed during “Phase 2” of the review.
“The FLA is the main law that deals with family violence, guardianship, parenting duties, support payments and dividing property after a separation,” states the news release. “The review looks at how the law can better reflect today’s society and recent court decisions.”
The proposals include:
- Updating the legal definition of “family violence” so that all forms of family violence are recognized — including controlling and coercive behaviour.
- Expanding the eligibility for protection orders and extending the default length of the orders from “one to two years.”
- Reduce the current burden on survivors applying for “subsequent protection orders.”
- Requiring courts to consider safety arrangements for a parent, guardian, child or other family member at risk of facing family violence.
- Clarifying how decisions are made around caring for a child.
- Improving opportunities for children to share their views during the legal process.
- Considering a child’s religious, cultural, linguistic and spiritual heritage when making decisions impacting them.
- Supporting parents and guardians in resolving family law matters via out-of-court agreements.
“This is the next step in our plan to update family law in B.C. and make the justice system more supportive and accessible,” said B.C. Attorney General Niki Sharma in a statement. “It includes proposed reforms to better support survivors of family and intimate-partner violence, which remains one of my top priorities.”
Regarding the aforementioned policy paper, it was back in June that independent reviewer Kim Stanton issued recommendations on how B.C.’s legal system can improve its handling of intimate partner violence and sexual violence — and those impacted.
“The policy paper was informed by extensive research, as well as engagement with interested individuals and organizations and people with lived experience,” states the release.
Stanton’s report contained 21 recommendations, including calls to amend the FLA, expand the scope of legal aid and change how Crown prosecutors deal with cases of domestic violence.
Among other things, it also recommended that B.C. declare gender-based violence a provincial epidemic; that the province prioritize prevention initiatives; that funding for survivor support be stabilized; and that survivors be able to access a transparent complaints system.
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