Proposals aim to improve parenting arrangements, expand protection order eligibility
The British Columbia government has announced its plans to propose changes to the Family Law Act, 2011 (FLA), seeking to support families and those undergoing family violence, improve parental arrangements, and prioritize children’s needs.
According to the provincial government’s news release, the contemplated changes include:
- updating the legal definition of family violence to ensure the recognition of all family violence forms, including coercive and controlling behaviour, and more easily identify those experiencing these issues
- expanding protection order eligibility
- extending the default length of these orders from one to two years
- lessening the burden on survivors seeking further protection orders
- requiring courts to consider safety arrangements for a parent, guardian, child, or other family member at risk of family violence
- clarifying how to make decisions regarding caring for and spending time with a child
- giving children more opportunities to share their insights on the legal process
- addressing a child’s cultural, linguistic, religious, and spiritual heritage when making decisions impacting them
- supporting parents and guardians in resolving family law matters via out-of-court agreements
BC said it intends to introduce the policy changes to inform any FLA amendments to the legislature as soon as feasible.
“This is the next step in our plan to update family law in B.C. and make the justice system more supportive and accessible,” said Niki Sharma, BC attorney general, in the news release. “It includes proposed reforms to better support survivors of family and intimate-partner violence, which remains one of my top priorities.”
Proposals’ context
The provincial government said its multi-year FLA review allows it to collaborate with Indigenous communities, legal stakeholders, and others in BC to modernize the legislation to reflect the current society, family dynamics, and recent judicial rulings.
The review’s first phase addressed pension division, spousal support, property division, and pet ownership after a separation or divorce. Public engagement in 2022 informed amendments that have since taken effect.
A policy paper made during the review’s second phase included the changes BC is currently contemplating. The province said this paper reflected much research and engagement with those with lived experience and other interested persons and organizations.
“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, in BC’s news release. “This project helps us make sure that our systems are inclusive and equitable for all.”
“I’m grateful to everyone who shared their experience to help guide this work, and I look forward to continuing to improve our laws to meet the needs of families throughout the province,” Sharma added.
In June 2025, independent reviewer Kim Stanton released a report aiming to improve how BC’s legal systems deal with intimate partner violence and sexual violence and those affected by these issues.
Stanton has practised Aboriginal and constitutional law in BC and Ontario. She served as legal director of the Women’s Legal Education and Action Fund (LEAF) from 2013–17 and as a commissioner on the Mass Casualty Commission from 2020–23.
In its news release, BC said some of its proposals aligned with Stanton’s recommendations. The province added that it would keep going over her recommendations. It expects to offer an update this fall.
