British Columbia Family Practice Manual

Practice Point

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!

Highlights of the 2020 update

  • significant legislative revisions to the Divorce Act that come into effect on July 1, 2020
  • discussion of significant decisions over the past year
  • updated discussion of alternative dispute resolution processes
  • updates regarding new processes and statutory provisions
  • updated references to further resources and articles
  • updated forms relevant to family practice

Editorial Board 

The Honourable Madam Justice Margot Fleming — Supreme Court of BC, Vancouver
The Honourable Judge Rose Raven — Provincial Court of BC, Vancouver
Todd R. Bell — Schuman Basran Robin & Bell, 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

Kelsey K. Beazer — Jenkins Marzban Logan LLP, Vancouver
Fiona Beveridge — Watson Goepel LLP, Vancouver
Ingrid Bloomfield — Vital Statistics Agency, BC Ministry of Health, Kelowna
Alex R.H. Chan — Henderson Heinrichs LLP, Vancouver
James M.W. Cudmore — Clark Wilson LLP, Vancouver
Anne Demeulemeester — Aaron Gordon Daykin Nordlinger LLP, Vancouver
Fiona S. Gow — Ministry of Attorney General, Legal Services Branch, Victoria
David C. Halkett — McQuarrie Hunter LLP, Surrey
Rain A. Henderson — Henderson Heinrichs LLP, Vancouver
Julia M. Hibbard — Hayward Sheppard, Vancouver
Phyllis M. Kenney, QC — Barrister & Solicitor, Vancouver
Shelagh M. Kinney — Watson Goepel LLP, Vancouver
Crystal Reeves — Mandell Pinder LLP, Vancouver
Angie Riano — Henderson Heinrichs LLP, Vancouver
Johanna M. Stein — Boughton Law Corporation, Vancouver
Zara Suleman — Suleman Family Law Corporation, North Vancouver

Part 1—Child Support Guidelines

1. Annotated Federal Child Support Guidelines

Part 2—Divorce Act, Family Law Act, and Spousal Support Advisory Guidelines

2. Divorce Act (Canada)

3. Annotated Family Law Act

4. Spousal Support Advisory Guidelines [excerpts]

Part 3—Court Rules

5. Supreme Court Family Rules

6. Court of Appeal Rules

7. Provincial Court (Family) Rules

8. Annotated Provincial Court (Child, Family and Community Service Act) Rules

Part 4—Practice Directions

9. Family Law Practice Directions

10. Select Civil Practice Directions That Apply to Family Law Cases

11. [has been deleted]

Part 5—Statutes

12. Adoption Act

13. Annotated Child, Family and Community Service Act

14. Court of Appeal Act [excerpts]

15. Evidence Act [excerpts]

16. Family Maintenance Enforcement Act

17. Income Tax Act (Canada) [excerpts]

18. Infants Act

19. Interjurisdictional Support Orders Act

20. Land (Spouse Protection) Act

21. Marriage Act

22. Name Act

23. Partition of Property Act

Part 6 — Regulations

24. Adoption Regulation

25. Annotated Child, Family and Community Service Regulation

26. Division of Pensions Regulation

27. Family Law Act Regulation

28. Family Maintenance Enforcement Act Regulation

29. Interjurisdictional Support Orders Regulation

30. Notice to Mediate (Family) Regulation

Case Table

Index

“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