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: June 24, 2019
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! View a sample from this book!
Highlights of the 2019 Update include:
- significant legislative revisions to the Child, Family and Community Service Act and Rules with respect to child protection proceedings involving Indigenous children
- details of the new Victoria Early Resolution and Case Management Model in the Victoria Provincial Court registry effective May 13, 2019
- revisions to enforcement methods under the Family Maintenance Enforcement Act, including restrictions on drivers' licences, and the new filing of notices of maintenance orders in the land title office
- discussion of significant decisions over the past year, including decisions regarding:
- the authority of parenting coordinators
- the Supreme Court of Canada settling the "hybrid" approach to determining a child's habitual residence, and the approach to a child's views in Hague Convention applications
- the meaning of "habitual residence" under the Family Law Act
- when the obligation to pay child and spousal support continues after death
- disclosure obligations, and the consequences for failure to meet them
- property and support issues for Indigenous clients
- the Supreme Court's inherent jurisdiction, including its parens patriae jurisdiction
- conflict of laws pertaining to jurisdiction over family property claims
- updated forms relevant to family practice
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CLEBC Legal Editor