(LSRS)Introduction

Introduction

Some terms in the Divorce Act changed on March 1, 2021

Effective March 1, 2021, the federal Divorce Act uses terms similar to those in the BC Family Law Act.

  • The terms decision-making responsibility and parenting time replaced "custody."
  • The terms contact and parenting time replaced "access."

You've been served with a Notice of Application (Form F31)

The applicant has served you with this form because they're asking the Supreme Court to set aside all or part of an existing agreement, and they think you won't agree with the change they're asking for. This includes changes they want to the parts about:

  • guardianship, parenting arrangements, or contact, or
  • child or spousal support (including cancelling or reducing arrears).

You must respond to this application within 14 business days. If you don't respond, the applicant can continue with the application and will appear at the court hearing without you. The judge can make orders in your absence.

If you agree with the proposed changes to the agreement

If you don't want to oppose (fight) the application and you're willing to agree to the other person's request to change the agreement without going to court, let them know. They can then withdraw the court application, and you can sit down and come up with a new agreement together.

For more information about coming to an agreement, see:

At any stage of the proceedings — even during a trial — you can make an agreement with the other person and have a judge make a consent order in court covering what you both agree on.

How do you find a lawyer or get legal aid?

It's a good idea to get some legal help before you begin a guide. If you can't afford a lawyer, there are other ways to get legal help, including:

For information about legal aid, see the Legal Aid BC website.

Updated on 1 March 2021