BC Family Practice Manual

This publication is essential for: a learning resource for junior family lawyers and a reference for all other family practitioners.

Current to: April 1, 2014 

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 2014 update

• includes discussion of all significant British Columbia Court of Appeal and British Columbia Supreme Court decisions over the past year, including decisions providing
  • exclusive occupancy can be ordered despite a finding that there was no violence
  • the court may order the interim release of property to afford the parties more equal ability to litigate
  • how to draft conduct orders
  • when financial documents used in a mediation may be ordered to be produced for discoveries
  • when the courts will draw an adverse inference when assets have not been disclosed
  • when a court will make its own order for a s. 211 report, and will appoint a financial expert as a joint expert
  • when the economic benefits from a new relationship are relevant to calculating the financial resources available to a party, and when the courts have a duty to consider benefits as a member of a First Nation when determining income from spousal support
  • when summary trial is a suitable procedure for a discrete issue
  • when costs on an interim matter will be payable forthwith to allow a party to participate fully in litigation
  • whether custody under the Divorce Act and guardianship under the Family Law Act are operationally inconsistent
  • what role grandparents can fulfil when determining the best interests of a child with Aboriginal heritage
• includes two new precedents
  • language to be used when applying for orders in the Provincial Court in an easy to use chart format
  • sample order for directions for appeal from an order of the Provincial Court under the Child, Family and Community Service Act

All features, including Commentary, Case and Statute Tables, Forms and Precedents, Practice Directions, and Limitation Periods are current to April 1, 2014.

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
4. Gathering Information
5. Working Toward Settlement
6. Recording a Settlement
7. Commencing Proceedings
8. Using Conferences Effectively
9. Obtaining Court-ordered Interim Relief
10. Obtaining Discovery
11. Using Alternatives to Trial
12. Conducting a Trial
13. Obtaining Court-ordered Costs
14. Practising in Provincial Court
15. Drafting Orders
16. Varying Orders and Challenging Agreements
17. Enforcing Orders and Agreements
18. Conducting Appeals
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 Relations 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
Anne DeMeulemeester — Aaron Gordon Daykin Nordlinger LLP, Vancouver
Devlin T. Farmer — Brown Henderson Melbye, Victoria
Kathryn J. Ferriss — Family Duty Counsel Project, Legal Services Society, Vancouver
Fiona S. Gow — Legal Services Branch, Ministry of Justice, Victoria
David Halkett — McQuarrie Hunter LLP, Surrey
Rain A. Henderson — Henderson Heinrichs, Vancouver
Annie C. Kaderly — Aaron Gordon Daykin Nordlinger LLP, 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
Anna Silver — Hamilton Fabbro Law Corporation, 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