The government of British Columbia (BC) is planning to implement its revised Family Relations Act (FRA) this year, which includes a number of groundbreaking changes that received positive receptions across the board. At the heart of the changes are new protocols and definitions that update the Act to reflect current trends, as well as a series of clarifications on past ambiguities.
One of the biggest changes to the FRA involves prioritizing the best interests of the child as the only factor in disputes between parents. The FRA also extends the range of factors that can be analyzed in determining what constitutes a child’s best interests. Examples include the presence of violence in the family and the history of the child’s care.
The FRA also provides important designations for the definition of a parent. For instance, the birth mother is now the child’s legal mother unless she gives up that right via surrogacy or adoption. Other clarifications exist for assisted conception, third-party donors, and other technologically facilitated family structures. In some cases, the courts may recognize more than two legal parents.
Other changes to the FRA include an emphasis on alternative dispute resolution processes. Parents must now undergo some form of mediation before engaging in a traditional custody lawsuit. In addition, the FRA redefines terms such as “custody” and “access,” employing less adversarial terms, such as “guardianship” and “parenting time.” It also includes provisions for separating assets between common-law couples with children, providing a framework similar to that employed for married couples.
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Psychologist Dr. Michael Elterman has served as a family court counselling consultant to the Attorney General of BC. He has held positions with the Parole Board of Canada and the former Vancouver Health Department. Dr. Michael Elterman currently maintains a private practice in Vancouver.
Dr. Michael Elterman 