Family Law Act: Law Society Task Force Releases Practice Requirements, Government Announces No Fall Sitting

Proposed Practice Requirements 

On Friday 7 September 2012, the Law Society's Family Law Task Force released its recommendations (PDF) on the qualifications lawyers should be required to have before being able to practice as family law arbitrators, family law mediators and parenting coordinators as provided under the new Family Law Act. The proposed qualifications are rigourous, and, I suspect, appropriately so.

Family Law Arbitrators

The Task Force recommends that lawyers practicing as family law arbitrators have 10 years of practice or experience as a judge or master, sufficient knowledge and skills to arbitrate family law matters in a competent manner, 40 hours of training in arbitration, 40 hours of training in mediation and 14 hours of training in family violence. Arbitrators should also be required to take at least six hours of continuing professional development per year in dispute resolution skills training and/or theory.

Family Law Mediators

Lawyers practicing as family law arbitrators should have sufficient knowledge and skills to mediate family law matters in a competent manner, 80 hours of training in mediation and 14 hours of training in family violence. Mediators should also be required to take at least six hours of continuing professional development per year in dispute resolution skills training and/or theory.

Parenting Coordinators

Lawyers practicing as family law arbitrators should have 10 years of practice or experience as a judge or master, sufficient knowledge and skills to act as a parenting coordinator in a competent manner, 40 hours of training in parenting coordination, 40 hours of training in arbitration, 80 hours of training in mediation and 14 hours of training in family violence. Parenting coordinators should also be required to take at least six hours of continuing professional development per year in dispute resolution skills training and/or theory.

The recommendations of the Task Force must be approved by the Benchers of the Law Society.

Fall Sitting

The CBC reports House Leader and former Attorney General Mike de Jong as saying that the provincial legislature will not sit this fall. As a result, no amendments to the Family Law Act can be tabled until the spring sitting in 2013; the act is scheduled to come into force on 18 March 2013.

Update: 17 September 2012

According to a newsletter distributed by the Law Society today, the recommendations of the Family Law Task Force were approved by the benchers at their meeting on 7 September 2012. Lawyers currently practicing as mediators, arbitrators and parenting coordinators are advised to look at the grandfathering provisions of the recommendations.

Access Pro Bono Drop-In Legal Advice Events

Access Pro Bono's annual open-air legal advice event is running today in Vancouver from 10:00am to 5:00pm at Victory Square Park, at 200 West Hastings Street. The free event is intended to facilitate access to justice for low- and modest-income people, including the homeless, on all legal issues and to raise money to support the organization's programs through pledges raised by the volunteer lawyers.

The even repeats in New Westminster from 10:00am to 2:00pm on 11 September 2012 at Hyack Square, in Kelowna from 10:00am to 2:00pm on 14 September 2012 in the City Park, and in Victoria from 10:00am to 2:00pm on 18 September 2012 at Centennial Square.

Access Pro Bono raised over $50,000 for pro bono programming in British Columbia last year, and hopes to raise $60,000 this year. For more information visit the event website.

Trio Tie the Knot in Brazil

CNN reports that a public notary in Brazil has "set off a firestorm" by granting a civil union registration to a trio composed of one man and two women. According to the article, the three live together and love one another like persons in any other cohabiting relationship, and granting the registration will give the trio the legal benefits of marriage and recognition as a family unit.

This raises of course, a question that has been waiting to be raised in British Columbia for some time now. The Family Relations Act defines "spouse" as including married spouses and persons for have "lived with another person in a marriage-like relationship for a period of at least 2 years." Nothing in this definition says that you can't be living with more than one person in a marriage-like relationship, although I think you would have to read the definition as establishing separate spousal relationships among the parties to the relationship. In other words, A would be in a spousal relationship with B while simultaneously being a spousal relationship with C, and B and C would have a spousal relationship of their own. The definition of spouse in the Family Law Act also allows for this eventuality.

The point, of course, is that being in a spousal relationship provides certain legal entitlements that arise on the breakdown of that relationship. Under the Family Relations Act these involve spousal support and obligations in respect of stepchildren. Under the Family Law Act, unmarried spouses will also be entitled to share in family property.

My thanks to my friend and colleague Agnes Huang for sharing the CNN article with me.

Guest Column: "Six Tips for Single Parents with Back to School Children"

by Lois Tarter

Summer is almost over and a new school year is on the horizon. The back to school divorced parent has a lot to deal with by the time the first school bell rings. When a new school year kicks off there are adjustments for kids and parents alike in any household. Here are six helpful tips that will get you through the tough transitional process this school year.

Don’t Burn Out: No need to take on the world. In the end, you will wind up getting burnt out. A single parent needs to take a steady, but comfortable pace and they will win the race.

Coordinate: Reach out to other parents and find out how you can all work together as a team. There are sure to be many rides to sports events, practices and parties, so coordinating with the other parents will help out tremendously.

Teamwork at Home: Working together as a family at home after school will make everything run much more smoothly. For example, if you and your ex washed the dishes after dinner it’s now time to bring one of your children into the fold. Kids have lots of energy and they want to learn, so pass a dish to dry and get them involved.

Teacher’s Pet: Let your children’s teacher know that you are divorced and navigating this school year as a newly single parent. They may have some helpful tips for you. Also, it’s your kids first school year with single parents. Maybe the teacher can let you know if there are any behavioral changes in your child because they are also going through a tough adjustment.

Meet with Your Ex: With the school year about to be in full swing, it’s important to have a meeting with your ex! There are lots of things to cover from back to school clothes to weekend visits to sporting events. No matter how you may feel about your ex, you’re still parents and the better communication you have about the children the better it will be for everybody at the end of the day.

Back to School Night: You and your ex will probably see each other at back to school night and parent teacher conferences throughout the year. Don’t make it back to school fight! Keep it civil and focused on the well-being of your children for this school year.

About Lois Tarter

Lois Tarter has a Bachelor of Arts Degree in Sociology and a Master’s Degree in Alternative Dispute Resolution. After receiving her Master’s Degree in Alternative Dispute Resolution, Tarter worked as a Mediator for the City Attorney’s office in Los Angeles.

Lois has written articles about divorce for such popular publications as The Huffington Post, SheKnows and More magazine. For more information, visit TheDivorceRitual.com and Twitter.com/LoisTarter.

Unmarried Couples, the Division of Property and the New Family Law Act

Courthouse Libraries BC has posted a short comment of mine on how the transitional provisions of the Family Law Act are going to work with unmarried couples' existing property claims. Read the post on Courthouse Libraries' blog, The Stream.