Victoria – The Province is intending to propose changes to the Family Law Act (FLA) to give more support to families and people experiencing family violence and to offer more parenting arrangements that put children’s needs first.
To read the policy intentions paper for Phase 2: Care of and Time with Children & Protection from Family Violence, visit: https://engage.gov.bc.ca/app/uploads/sites/121/2025/08/FLA-Policy-Intentions-Paper.pdf
The proposed changes come from a policy paper developed during Phase 2 of the multi-year review of the Family Law Act. The FLA is the main law that deals with family violence, guardianship, parenting duties, support payments and dividing property after a separation. The review looks at how the law can better reflect today’s society and recent court decisions.
The policy paper was informed by extensive research, as well as engagement with interested individuals and organizations and people with lived experience. Some of the key proposals align with recommendations made by independent reviewer Kim Stanton in her June 2025 report to improve the ways B.C.’s legal systems treat intimate-partner and sexual violence and people who are affected by it.
The proposals include:
- updating the legal definition of family violence to ensure all forms of family violence are recognized, including coercive and controlling behaviour, and make it easier to identify people experiencing violence;
- expanding eligibility for protection orders and extending the default length of the orders from one to two years; and
- reducing the burden on survivors who are applying for subsequent protection orders.
Other proposed changes would improve parenting arrangements and emphasize putting the needs of children first, including:
- requiring courts to consider safety arrangements for a parent, guardian, child or other family member at risk of family violence;
- clarifying how decisions about caring for and spending time with a child should be made;
- improving children’s opportunities to share their views in the legal process;
- considering a child’s cultural, linguistic, religious and spiritual heritage when making decisions that affect them; and
- supporting parents and guardians to resolve family law matters through agreements, outside of court.
“As our societal values and understandings evolve, it is important that our policies and laws keep up,” said Jennifer Blatherwick, parliamentary secretary for gender equity. “This project helps us make sure that our systems are inclusive and equitable for all. Ensuring that our family justice system is responsive and reflective of diverse family structures helps people of all genders, cultures and backgrounds feel safe and welcomed here in B.C.”
The proposed policy changes will inform amendments to the FLA, which will be introduced to the legislature for consideration as soon as is feasible.
The review of the FLA took place in phases to allow the Province, Indigenous Peoples, legal stakeholders and people throughout B.C. to continue working together to modernize the law to ensure it remains reflective of today’s family dynamics.
