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BC Family Practice Manual--ONLINE ACCESS

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Essential tips, tools, and techniques for family law practice in British Columbia!

This publication is essential for: a learning resource for junior family lawyers and a reference for all other family practitioners.

Current to: April 1, 2016

The British Columbia Family Practice Manual is the practice-oriented guide for British Columbia legal professionals working in family law. This long-standing, comprehensive resource is written and reviewed by leading members of the family law bar and esteemed members of the judiciary, and is updated each spring.

With this resource, you will have quick access to:

  • step-by-step, practical guidance on topics ranging from effectively running your practice and managing relationships with clients to screening for family violence, entering orders, and conducting appeals
  • the forms and precedents you need available as downloads
  • checklists on the procedures to follow in a family law file

Online access conveniently places this resource at your fingertips and is fully searchable with links to full-text cases and legislation.

Highlights of the 2016 update

  • discussion of all significant British Columbia Court of Appeal and British Columbia Supreme Court decisions over the past year, including decisions providing
    • what is meant by family violence and what evidence is required under the Family Law Act
    • the meaning of a “guardian” in the context of “regularly care for the child”
    • the factors leading to a finding of a “marriage-like” relationship
    • the test for “material change of circumstances”
    • the significance of using excluded property to improve the value of family property and the transfer of excluded property to the spouse during the relationship to the tracing provisions in the Family Law Act
    • when the court will rely on s. 87 to change the valuation date for property
    • further developments in interpreting “significant unfairness” in the context of s. 95
    • the use of experts for valuing property and the threshold for ordering a s. 211 report
    • the different tests that apply to initial spousal support applications versus variation applications
    • the standard a court will apply on an application to change or cancel a spousal support order
    • the basis for an award of special costs
  • more on
    • resolving family law disputes using different processes
    • practice under the Civil Marriage Act
    • the doctrine of paramountcy
    • changes to the child care benefit scheme
    • the use of experts for valuing property and the threshold for ordering a s. 211 report
    • the Family Homes on Reserves and Matrimonial Interest or Rights Act
    • the new Pension Benefits Standards Act
    • includes new change of name forms under the Vital Statistics Act
    • when and how penalties will be imposed under Family Law Act s. 213

All features, including Commentary, Case and Statute Tables, Forms and Precedents, Practice Directions, and Limitation Periods are current to April 1, 2015.

CLEBC Legal Editor
Morag MacLean
mmaclean@cle.bc.ca

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