Family Law Sourcebook for British Columbia

Practice Point

The efficient way to find key principles and cases in BC family law

This publication is essential for: all lawyers who need to understand and keep current on family law in BC.

Need to know the current state of the law on an issue in your family law file? Turn to the Family Law Sourcebook for British Columbia first to get a complete understanding of the legal principles and leading case law on all of the issues you face in BC family law. For over 25 years, this is the trusted resource that the BC bench and bar keep at their fingertips.

With this resource, you will be able to:

  • easily find the current law on issues such as care of children, child support, property division, pension division, spousal support, adoption, and child protection
  • quickly go to the leading cases so you can spend more time looking for specific decisions suited to your facts
  • understand the relationship between specific issues in the BC family law context

Buy today and save time finding your way through BC family law!

Highlights of the 2023 Update include:

  • new case law on jurisdiction for obtaining a divorce, prejudice from divorce, date of separation, and collusion
  • updated discussion on tort claims in family law proceedings, including remedies for family violence
  • updated discussion and case law on parenting issues, including counselling, relocation, changes of parenting arrangements, appointment of parenting coordinators, and contempt
  • updated analysis and case law on child support issues such as treatment of capital gains and stock benefits in determining income, income averaging approaches, ss. 7 and 9 of the Child Support Guidelines, high-income earners, imputation of income, and lump sum awards
  • updated discussion and case law on property division, including: new content on companion animals under the Family Law Act, analysis of the May 2023 amendments to the Family Law Act eliminating the presumptions of advancement and resulting trust, prescribing new significant unfairness factors for dividing excluded property, and addressing property transfers between spouses, and recent cases on inheritances, settlements/awards of damages, valuation of property, and the effect of bankruptcy
  • updated analysis and case law on spousal support issues, including “marriage-like relationships,” limitation periods, entitlement, retirement as a change of circumstances, and the effect of bankruptcy
  • updated procedures for case planning conferences and trial briefs; given the September 2023 amendments to the Supreme Court Family Rules
  • new case law on family law agreements (including oral agreements, improper advantage, limitation periods and application of the Family Relations Act, and independent legal advice), injunctive relief (including exclusive occupancy, online posts, and anonymization), discovery and financial disclosure, evidence (including joint experts, medical test results, counsel for children, and admissibility of recordings, emails, and texts), and costs
  • the November 2022 updates to the Adoption Act and new case law on non-placement adoptions

Editorial Board
The Honourable Mr. Justice Bruce Butler — Court of Appeal for BC, Vancouver
The Honourable Madam Justice Heather MacNaughton — Supreme Court of BC, Vancouver
Todd R. Bell — Farris LLP, Vancouver
Scott L. Booth, KC — Jenkins Marzban Logan LLP, Vancouver
Morag M.J. MacLeod, KC — Barrister & Solicitor, Vancouver

Authors
Alex Boland — Connect Family Law, Kelowna
Leneigh Bosdet — Pushor Mitchell LLP, Kelowna
Colin P. Galinski — Galinski Pension and Benefits Law, Vancouver
Delia Jane Ramsbotham — Sunrise Family Services Society, Vancouver
Amanda Winters — Farris LLP, Vancouver
H. Hailey Graham — Hamilton Fabbro Lawyers, Vancouver
Daylyn J. Miller — Hamilton Fabbro Lawyers, Vancouver

Chapters

1. Overview of Family Law Claims
2. Parenting and Care of Children
3. Child Support
4. Property under the Family Law Act
5. Pension Division under the Family Law Act
6. Spousal Support
7. Family Law Agreements
8. Injunctive Relief in Family Law
9. Discovery and Financial Disclosure in Family Law
10. Evidence in Family Law Matters
11. Procedural Alternatives in Family Law
12. Costs in Family Law
13. Testamentary Issues in Family Law
14. Protection of Children
15. Adoption

Tables

Case Table
Statute Table and Related Material Table
Index

“CLEBC’s Family Law Sourcebook is THE single most helpful resource in family law. It is an essential tool for any lawyer setting up their family law practice. I tell family law lawyers that this publication is the best starting point for researching family law issues.”

~ Lisa J. Hamilton, KC, Partner, Hamilton Fabbro