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British Columbia Family Practice Manual

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Your A to Z guide family law practice and procedure

This publication is essential for: lawyers who need to understand family law practice and procedure.

There are many decisions to make about how to proceed in a family law file—which Act applies, should you mediate or start an action, and which court should you proceed in practice and procedure along the way. Let the British Columbia Family Practice Manual be your guide to the choices to make, the steps to follow in a process, the time limits that govern, and the forms you need to complete.

With analysis of case law on procedural issues as well as specialized chapters on indigenous family law issues, adoption, and child protection, this manual provides you with the direction you need to confidently advise and manage your family law clients’ issues.

With this resource, you will be able to:

  • smoothly navigate family law processes such as settlement, obtaining interim relief, trial and trial alternatives, obtaining costs, drafting and enforcing orders, and appeals
  • save time drafting court documents by accessing over 200 family law forms and precedents
  • effectively maintain your family law files by using file management checklists

Buy today and have the support you need to run your family law practice!

Read a sample from the book

Features and Highlights

Highlights of the 2024 Update:

  • all chapters, forms and precedents, checklists, and other features of the manual have been brought current to February 1, 2024
  • added discussion of the new T3 return filing requirements for trusts
  • new commentary regarding self-dealing by administrators
  • new content regarding the application of the Underused Housing Tax to probate matters
  • revised chapter on estates under the Indian Act, with discussion focused on estate administration
  • added discussion regarding the nature and tax treatment of tax free First Home Savings Accounts on death

Contributors

Editorial Board 

The Honourable Madam Justice Margot Fleming — Supreme Court of BC, Vancouver
The Honourable Judge Robin McQuillan — Provincial Court of BC, Vancouver
Todd R. Bell — Farris LLP, Vancouver
Chantal M. Cattermole — Clark Wilson LLP, Vancouver
Annie C. Kaderly — Aaron Gordon Daykin Nordlinger LLP, Vancouver
Jane M. Reid — Jenkins Marzban Logan LLP, Vancouver

Authors

Jeannette Aucoin — Clark Wilson LLP, Vancouver
Fiona M. Beveridge — Fiona Beveridge Family Law, Vancouver
Lynda Cassels — Cassels Murray, Victoria
Alex R.H. Chan — Henderson Heinrichs LLP, Vancouver
Alison Colpitts — Clark Wilson LLP, Vancouver
James M.W. Cudmore — Clark Wilson LLP, Vancouver
Cassandra E. Drake — Lindsay Kenney LLP, Vancouver
Fiona S. Gow — Ministry of Attorney General, Legal Services Branch, Victoria
Isha Gupta — Coal Harbour Law, Vancouver
David C. Halkett — McQuarrie Hunter LLP, Surrey
Julia M. Hibbard — Hayward Sheppard, Vancouver
Kiran Kang — Richards Buell sutton LLP, Vancouver
Shelagh M. Kinney — Watson Goepel LLP, Vancouver
Delia Jane Ramsbotham — Sunrise Family Services Society, North Vancouver
Crystal Reeves — Mandell Pinder LLP, Vancouver
Angie Riano — Henderson Heinrichs LLP, Vancouver
Peter F. Schmidt — BTM Lawyers LLP, Port Moody
Alicia Singh — Ministry of Health—Health Sector Information, Analysis and Reporting Division, Victoria
Brandon St. Pierre — Aaron Gordon Daykin Nordlinger LLP, Vancouver
Johanna M. Stein — Coal Harbour Law, Vancouver
Josephine Wong — Hayward Sheppard, Vancouver
Fanda Wu — Lindsay Kenney LLP, Vancouver

Table of Contents

Volume 1

1. Conducting a Family Law Practice

2. Building Effective Relationships

3. Assessing the Legal Issues

4. Indigenous Family Law Issues

5. Gathering Information

6. Working Toward Settlement

7. Recording a Settlement

8. Commencing Proceedings

9. Practising in Provincial Court

10. Using Conferences Effectively

11. Obtaining Court-ordered Interim Relief

12. Obtaining Discovery

13. Using Alternatives to Trial

14. Conducting a Family Law Trial in Supreme Court

15. Drafting Supreme Court Orders

Volume 2

16. Varying Orders and Challenging Family Agreements in Supreme Court

17. Obtaining Court-ordered Costs in Supreme Court

18. Enforcing Orders and Agreements

19. Conducting Appeals of Supreme Court Orders

20. Fertility Law and Assisted Reproduction

21. Adoption Procedure

22. Naming

23. Child Protection Practice and Procedure

Checklists

Forms and Precedents

Limitation Periods

Tables
Case Table
Statutes and Related Material Table
Index

Buy Now

“It happens to all of us. You wake up in a cold sweat in the middle of the night with an issue running through your head. Who you gonna call? Don’t worry. Ease your mind. It will be okay. First thing in the morning, pull out CLEBC’s British Columbia Family Practice Manual. There you will find the answer.

Organized, in a practical format, is the latest information with respect to all of the elements of a family law case. Still feeling a bit uneasy? Look at the list of editorial board members and contributing authors. It is a “who’s who” of dispute resolution professionals in British Columbia. They have taken the time and applied their considerable expertise in ensuring the manual is up to date with references to the most current case authorities. The manual is a must have reference tool. Don’t delay! Get it now!”

~ Colin A. Millar, Q.Arb,  Partner, Richards Buell Sutton LLP