Stay up to date on developments in family law in British Columbia
This publication is essential for: all family lawyers.
Current to: December 1, 2015
The Family Law Sourcebook for British Columbia is British Columbia's trusted source of important legal principles and leading case law in family law. A project of the Vancouver Family Law Section of the BC Branch, Canadian Bar Association, this long-standing resource is written and peer-reviewed by members of the judiciary and leading members of the family law bar.
With this resource, you will save time:
- finding concise statements of key family law principles
- discovering leading cases on issues in family law
- keeping current on new developments in family law through annual updates
Online access conveniently places this resource at your fingertips and is fully searchable with links to full-text cases and legislation.
Highlights of the 2015 update:
- the factors determining territorial jurisdiction based on ordinary residence (chapters 1 and 4)
- the meaning of a “guardian” in the context of “regularly care for the child” (chapters 1 and 2)
- the factors leading to a finding of a “marriage-like” relationship (chapters 1 and 6)
- further exploration of the doctrine of paramountcy under the current provincial legislation (chapters 1 and 2)
- the appropriate approach to take when there are concerns about a guardian’s parenting capacity (chapter 2)
- the meaning and scope of “family violence” (chapter 2)
- the test for “material change of circumstances” (chapter 2)
- the tests to be applied on relocation applications under the FLA in face of existing child care agreements (chapter 2)
- the circumstances that warrant a departure from the Guideline amount under s. 44 (chapter 3)
- the requirement that at least one of the parties have the intention to terminate the relationship for separation to have occurred (chapter 4)
- 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 FLA (chapter 4)
- when the court will rely on s. 87 to change the valuation date for property (chapter 4)
- further developments in interpreting “significant unfairness” in the context of s. 95 (chapter 4)
- the new Pension Benefits Standards Act (chapter 5)
- the tests applied on initial spousal support applications do not apply on variation applications and the “significant unfairness” threshold to set aside an agreement for spousal support is higher (chapters 6 and 7)
- the meaning of “mistake” when considering a separation agreement (chapter 7)
- when a court will order interim disposition of assets or order the sale of property (chapter 8)
- the consequences for non-disclosure of property, documents, or income (chapters 8 and 9)
- the use of experts for valuing property and the threshold for ordering a s. 211 report (chapter 8)
- further changes under WESA (chapter 13)
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CLEBC Legal Editor
Morag MacLean
mmaclean@cle.bc.ca