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Your A to Z guide to family law practice and procedure
This publication is essential for: lawyers who need to understand family law practice and procedure.
Current to: April 1, 2018
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? 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 2018 update
- discussion of significant BC Court of Appeal and BC Supreme Court decisions over the past year, including decisions regarding:
- disclosure obligations
- “excluded property”
- the end of the presumption of advancement
- relocation: criteria to consider and appropriate procedures
- denial of parenting time: what constitutes denial, and remedies
- BC Supreme Court’s inherent jurisdiction, including its parens patriae jurisdiction to fill legislative gaps
- conflicts of laws pertaining to jurisdiction over family property claims
- when occupation rent may be claimed
- use of s. 211 reports
- expert evidence: use of different types of experts and requirements of expert evidence
- use of summary trials in family cases
- appeals: standard of review and conduct of appeals from BC Provincial Court
- arbitration: conduct of and appeals from awards
- considerations in deciding whether BC Supreme Court or Provincial Court is the appropriate forum in light of remedies to be sought
- updates regarding new processes and statutory provisions
- updated consideration of alternative dispute resolution processes and “unbundled services”
- updated forms and references to further resources relevant to family practice
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CLEBC Legal Editor