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In British Columbia, the federal Divorce Act, and the provincial Family Relations Act govern most family matters. All family cases are heard by either the Supreme Court of British Columbia or the Provincial (Family) Court of British Columbia.
The nature of the marital status and relief claimed will influence which legislation a party will rely on for court proceedings. The Divorce Act governs divorce while the Family Relations Act governs guardianship of children and property division. Both the Divorce Act and Family Relations Act regulate child custody, access to children and spousal and child support.
Only married persons or former spouses may invoke the Divorce Act, with the exception that the court may grant leave permitting another person to seek a custody or access order of a child of the marriage.
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