Why We Are Ditching the Term “Custody”– Parental Responsibilities in BC

No more “custody”?
2019 brings a change to family laws in Canada, specifically regarding parental responsibilities in the Divorce Act. The goal of this change is to improve the act so that it promotes the best interests of the child.

One of these changes includes removing the term “custody” while introducing the concepts of “parenting time” and “decision-making responsibility”.

What does this mean? Essentially, the intention is to encourage parents to focus more on the needs of their children. By removing this term, we eliminate a winner-loser mentality (where the “winner” gets custody of the child). We also remove the negative association that “custody” commonly has with the idea of police detention.

What exactly is “parenting time”?
In the place of “custody”, we now have “parenting time”. Parenting time is defined as the time that a child spends with each guardian (determined by an agreement or order).

During this time, the guardian needs to exercise parental responsibility. See below to find out what parental responsibilities includes under the law.

What are your legal responsibilities as a parent?
Some examples of parental responsibilities under the BC Family Law Act:

Making daily decisions for your child (making sure they are supervised and cared for)
Making major decisions for your child (i.e., health care, school, extracurricular activities, religion, language)
Deciding where your child will live (and with whom)
Applying for passports, licences, etc. for your child
Exercising any other responsibilities necessary to nurture your child’s development Making daily decisions for your child (making sure they are supervised and cared for)

When you separate with your spouse, you can share or divide your parental responsibilities in any way that would work best for your child.

If you or your spouse fails to exercise your parental responsibilities, the other person could potentially apply to court to get an agreement enforced or an original order changed.

If you cannot settle on an agreement regarding parenting time or have concerns about parental responsibilities, consult Vancouver & Burnaby Family Law and Custody, Access, Parenting Time lawyer/attorney Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia andrew@resolutionslawcorp.com or 778-372-7107

What’s an Examination for Discovery?

If you have a proceeding that’s going to trial, you may encounter a step in the process called an Examination for Discovery (XFD). While examinations for discovery are not mandatory, they can be very important in respect to your trial.

So, what exactly is it? An examination for discovery is a meeting where a party asks the opposing party questions about the issues in dispute. Since these meetings are under oath and will be attended by a court reporter who will prepare a transcript that can be used at trial, this is a great opportunity to gather more information from the opposing side, explore contradictions in their facts, and gauge what their conduct will be like at the trial.

Some examples of the things that can be done at an examination for discovery are:

Pin down admissions
Discover additional facts you may need for trial by asking questions about documents
Discover the strengths and weaknesses of your case to prepare for trial
Make requests for documents
Narrow down your issues
Get a sense of how the witness or their lawyer will act at the trial

Because everything you say will end up on the transcript and could potentially be used as evidence in trial, it is vitally important to be well prepared for an examination for discovery. This meeting is also one of the first opportunities to meet the lawyer of the other party, so it is important as well to make a good impression.

If you need advice regarding Examinations for Discovery, consult Vancouver and Burnaby family law lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia at andrew@resolutionslawcorp.com or 778-372-7107.

What’s a Judicial Case Conference?

In any family law proceeding, it is almost always mandatory to arrange a Judicial Case Conference (JCC).

But what exactly is a Judicial Case Conference? A JCC in British Columbia is a private and informal meeting between the parties, their lawyers, and a Supreme Court judge or master. It’s an opportunity to discuss and resolve some or all of the issues regarding your case without having to go through further litigation and trial.

What happens in a Judicial Case Conference?

JCCs are confidential and held off the record. Although there is a recording made of the proceeding, you are not allowed to have a copy of the recording without the judge or master’s permission.

The following are examples of what the judge or master may do at a JCC:

Identify issues and explore how they may be resolved
Make orders to which all the parties consent
Refer you to a family dispute resolution professional or a family justice counsellor
Reserve a trial date
Give a non-binding opinion on the probable outcome of a hearing or trial

Outcomes of a Judicial Case Conference:

In a best-case scenario, a settlement would be reached with the judge or master making a consent order on the spot, thus ending the hearing and saving you lots of stress as well as money and time that would otherwise be spent on further legal action.
However, if further legal action and trial is necessary, the JCC provides an opportunity to set a plan for the litigation that will ensure the trial is heard and a decision is made in a just and timely manner.

A Judicial Case Conference is a very important stage of any family law litigation in BC and should be used wisely and efficiently. It always helps to come into a JCC well prepared, with a plan or with strategies as to how to resolve your case.

If you need advice regarding Judicial Case Conferences, consult Vancouver and Burnaby family law lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia at andrew@resolutionslawcorp.com or 778-372-7107.