The law in British Columbia about how
family law issues are resolved is about to drastically change. The new Family Law Act comes into force in
March 2013. Starting in March 2013,
family lawyers will be called “Family Dispute Resolution Professionals” or FDR
Professionals. Other professionals,
such as counsellors, can also be FDR Professionals under the new legislation,
and thereby take on a role in the dispute resolution process formerly occupied
only by lawyers. The new Family Law Act
actually spells out that “Resolution Out
of Court is Preferred”! Lawyers will be obligated to set out to the
client the alternatives to going to court, and what resources are available to
the client locally, and then to provide a Certificate showing that he or she has so
advised the client, before that lawyer can commence a court action for that
client. The new Family Law Act codifies many of the principles of collaborative
practice as set out by the International Academy of Collaborative
Professionals. This is a giant leap
in the right direction to protect children of uncoupling parents from harm, and to encourage and foster peace and understanding between uncoupling parties. This legislation is in stark contrast to the
current common practice of going to court to have each party attempt to prove
the other wrong. The new Family Law Act
recognizes that often the non-legal issues, that is, the emotions or
psychological issues, are really fueling the dispute, not the legal issues. Best of all, the new Family Law Act
encourages a team approach to dispute resolution in family law cases in British
Columbia. Halleluiah. This has been a long time coming. I look forward to seeing how this huge change in
British Columbia family law is going to play itself out.
