Family Court in British Columbia: What Survivors Need to Know (Custody, Access, Support)

In British Columbia, the legal system for families is governed primarily by the provincial Family Law Act (FLA) and the federal Divorce Act. Both laws have strong provisions to protect survivors of family violence, but the terminology and processes can be confusing.

As of late 2025, British Columbia continues to expand its "Early Resolution" court model, which has specific implications for survivors. This guide explains your rights and the protections available to you.

1. New Terminology: "Custody" is Outdated

In BC, the terms "custody" and "access" are no longer used in the Family Law Act. Instead, the law focuses on parental responsibilities:

• Guardianship: Parents are generally "guardians," meaning they have a responsibility to care for the child. However, a parent who has been violent may lose guardianship or have their powers significantly restricted.

• Parenting Arrangements: This covers where the child lives and who makes decisions.

• Parental Responsibilities: The right to make decisions about education, health, religion, etc. In cases of violence, the court can allocate these solely to the survivor.

• Parenting Time: The time a child spends with a guardian. This can be supervised if there is a safety risk.

• Contact: The time a person who is not a guardian (e.g., a grandparent, or sometimes a parent who has been removed as a guardian) spends with the child.

2. "Family Violence" is Broadly Defined

Under the BC Family Law Act, you do not need a criminal conviction to prove abuse. The definition of Family Violence is broad and includes:

• Physical abuse (including forced confinement).

• Sexual abuse.

• Coercive Control: A pattern of behavior used to intimidate, isolate, or regulate your daily life (e.g., cutting off access to money, tracking your location).

• Psychological or emotional abuse.

• Exposing a child to violence (directly or indirectly).

Key Legal Impact: When making decisions about a child, the court must consider the impact of family violence on the child's safety and well-being.

3. Protection Orders (PO) vs. Peace Bonds

You have two main options for legal protection in BC:

• Family Law Protection Order (FLA s. 183):

  • What it is: A civil court order from Provincial or Supreme Court designed specifically for family safety.

  • What it does: Can stop your ex from contacting you, going to your home/work, or possessing weapons.

  • Enforcement: Police can enforce this order directly. Breaching it is a criminal offense (s. 127 Criminal Code).

  • Benefit: Easier to obtain than a criminal charge; you can apply for this alone (ex parte) if the danger is urgent.

• Peace Bond (Criminal Code s. 810):

  • What it is: A criminal court order.

  • Process: Usually requires police involvement, though you can apply privately. It is often used when no family court case exists.

4. The "Early Resolution" Process & Safety Exemptions

As of 2025, many BC court registries (including Vancouver, Surrey, Victoria, Kelowna, Nanaimo) are "Early Resolution Registries." This means you generally must meet with a Family Justice Counsellor and attempt mediation before seeing a judge.

CRITICAL EXEMPTION: If you are a survivor of family violence, you are EXEMPT from mandatory dispute resolution (mediation). You must clearly state during your intake screening that there is a history of violence. Mediation is often unsafe in these situations due to the power imbalance.

5. Financial Support

• Child Support: Mandatory based on the payor’s income (Federal Guidelines).

• Spousal Support: Not automatic; depends on the length of relationship, roles during the relationship, and financial need.

• Excluded Property: Property you owned before the relationship is generally yours to keep, but the increase in value is shared. Violence and "economic abuse" (coerced debt) can be factors raised during property division negotiations.

Frequently Asked Questions (FAQ)

Q1: Can I move away with my child to escape abuse?

Be careful. Under the FLA, moving a child ("Relocation") usually requires 60 days' written notice to the other parent. However, if you are fleeing violence, the court can waive this notice or authorize an immediate move. You must apply for an urgent court order permitting the move immediately; otherwise, you could be ordered to return the child.

Q2: Will the judge understand "coercive control"?

Ideally, yes. Federal "Keira's Law" (passed 2023) now mandates judicial training on coercive control. Furthermore, recent 2025 federal bills are moving to criminalize coercive control explicitly. You should document patterns of control (text logs, bank statements showing financial restriction) to help the judge see the "big picture" beyond just physical incidents.

Q3: Do I qualify for Legal Aid in BC?

Legal Aid BC has specific coverage for family violence cases. Even if you don't qualify for a full lawyer, you may qualify for specific services like obtaining a Protection Order. There is also Family Duty Counsel (free lawyers at the courthouse) who can help you on the day of your hearing.

Q4: My ex is threatening to take the house. Can he?

Not immediately. You can apply for an order for "Exclusive Occupancy" of the family home. This allows you and the children to stay in the home while the legal issues are sorted out, regardless of whose name is on the title/lease.

Q5: What if I don't have money for a lawyer?

In addition to Legal Aid, Rise Women’s Legal Centre creates legal resources and sometimes offers representation for women in BC. Access Pro Bono also offers free legal advice clinics.

Q6: Can I keep my address secret?

Yes. In BC, you can ask the court registry to seal your contact information so your ex cannot see it on the court file. You should also ensure you are part of the Address Confidentiality Program if eligible.

References & Resources

• VictimLinkBC: 1-800-563-0808 (24/7 help and referral to shelters).

• Legal Aid BC: 1-866-577-2525.

• Rise Women’s Legal Centre: Specific support for women dealing with family law and violence.

• Battered Women's Support Services (BWSS): Crisis line and legal advocacy.

• Legislation: Family Law Act, S.B.C. 2011, c. 25.