BC Family Practice Manual

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, 2015

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 or on a CD
• 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.

ONLINE ONLY annual subscriptions are available. Subscribe now.

Highlights of the 2015 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
  • guidance on when and how penalties will be imposed under Family Law Act s. 213
  • impact of value depreciated excluded property on the division of family property
  • the effect of s. 202 on the common law test of admissibility of hearsay evidence
  • the court’s jurisdiction to vary a consent order
  • the standard applied 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 Hague Convention on Civil Aspects of International Child Abduction
  • the doctrine of paramountcy
  • concurrent child protection and family law proceedings
  • the Family Homes on Reserves and Matrimonial Interest or Rights Act, now in effect
  • enforcing disclosure orders in provincial court
• includes new change of name forms under the Vital Statistics Act

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

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

CONTENTS
________________________________________

Chapters
Overview—Family Law Act
1. Conducting a Family Law Practice
2. Building Effective Relationships
3. Assessing the Legal Issues in a Family Law File 
4. Gathering Information in a Family Law File
5. Working Toward Settlement
6. Recording a Settlement in a Family Law File
7. Commencing Proceedings
8. Using Conferences Effectively in a Family Law Case
9. Obtaining Court-ordered Interim Relief
10. Obtaining Discovery in a Family Law Case 
11. Using Alternatives to Trial in a Family Law Case
12. Conducting a Family Law Trial in Supreme Court
13. Obtaining Court-ordered Costs in a Family Law Case
14. Practising in Provincial Court
15. Drafting Orders
16. Varying Orders and Challenging Family Agreements in Supreme Court
17. Enforcing Orders and Agreements
18. Conducting Appeals of Supreme Court Judges and Masters Orders in a Family Law Case
19. Child Protection
20. Adoption
21. Naming
22. Aboriginal Family Law Issues

Checklists
1. Family Practice Interview
2. Family Law Agreement Procedure
3. Separation Agreement Drafting
4. Marriage Agreement Drafting
5. Family Law Proceeding
6. Child, Family and Community Service Act Procedure

Forms and Precedents
I. Building Effective Relationships
II. Assessing the Legal Issues
III. Gathering Information
IV. Working Toward Settlement
V. Recording a Settlement
VI. Commencing Proceedings
VII. Using Conferences Effectively
VIII. Obtaining Court-ordered Interim Relief
IX. Obtaining Discovery
X. Using Alternatives to Trial
XI. Conducting a Trial
XII. Obtaining Court-ordered Costs
XIII. Practising in Provincial Court
XIV. Drafting Orders
XV. Varying Orders and Challenging Agreements
XVI. Enforcing Orders and Agreements
XVII. Conducting Appeals
XVIII. Child Protection
XIX. Adoption
XX. Naming

Limitation Periods
Adoption Act
Canada Pension Plan
Child, Family and Community Service Act
Court of Appeal Act
Divorce Act
Family Maintenance Enforcement Act
Family Law Act
Land (Spouse Protection) Act
Land Title Act
Marriage Act

Practice Directions
I. Family Law Practice Directions
II. Civil Practice Directions
III. Administrative Notices

FEATURES

• complete set of forms and precedents
• annual updates
• tables of cases, statutes, and references
• comprehensive subject index
• checklists
• online access to electronic version with hyperlinks to primary law

Editorial Board
Todd R. Bell — Schuman Daltrop Basran & Robin, Vancouver
The Honourable Mr. Justice G. Bruce Butler — Supreme Court of British Columbia, Vancouver
Phyllis M. Kenney — Barrister & Solicitor, Vancouver
The Honourable Judge Rose Raven — Provincial Court of British Columbia, Surrey
Jane Reid — Jenkins Marzban Logan LLP, Vancouver

Authors
Kathryn L. Basran — Schuman Daltrop Basran & Robin, Vancouver
Todd R. Bell — Schuman Daltrop Basran & Robin, Vancouver
Ingrid Bloomfield — Vital Statistics Agency, BC Ministry of Health, Kelowna
Lindsey Cruickshank — Schuman Daltrop Basran & Robin, Vancouver
Anne DeMeulemeester — Aaron Gordon Daykin Nordlinger LLP, Vancouver
Kathryn J. Ferriss — Family Duty Counsel Project, Legal Services Society, Vancouver
Geeta Gill — Hamilton Fabbro, Vancouver
Andrea Glen — Hamilton Fabbro, Vancouver
Fiona S. Gow — Legal Services Branch, Ministry of Justice, Victoria
David Halkett — McQuarrie Hunter LLP, Surrey
Rain A. Henderson — Henderson Heinrichs, Vancouver
Lawrence A. Kahn, QC — Kahn Zack Ehrlich Lithwick, Richmond
Phyllis M. Kenney — Barrister & Solicitor, Vancouver
Wilson Lee — Family Maintenance Enforcement Program, Burnaby
Robin P. McQuillan — Barrister & Solicitor, Vancouver
Colin A. Millar — Richards Buell Sutton LLP, Vancouver
Crystal Reeves — Mandell Pinder LLP, Vancouver
Meghan Selinger — Hamilton Fabbro, Vancouver
Sheilagh M. Sparks — North Shore Law LLP, North Vancouver
William R. Storey — Barrister & Solicitor, Vancouver
Zara Suleman — Suleman Family Law, North Vancouver
Dalmar F. Tracy — Barrister & Solicitor, Victoria