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: February 1, 2023
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 2023 Update include:
- discussion of significant decisions over the past year, including Barendregt v. Grebliunas, 2022 SCC 22, and updates regarding new and amended statutory provisions, processes, and forms and precedents relevant to family practice
- revised discussion and recent case law on "habitual residence," special and extraordinary expenses, appropriateness of summary trial, variation of interim orders, duress with respect to family agreements, and costs, including offers to settle and special costs in the context of non-disclosure
- new discussion on the Child Support Recalculation Service, the Informal Trial Pilot Project, and interim relocation orders at Provincial Court
- new rules and procedure regarding protection orders and approval and execution of orders at BC Supreme Court
- updated information on filing notices of property agreements at the Land Title Office, including cancellation and postponement
- commentary on amendments to the Adoption Act and Child, Family and Community Service Act arising from the Indigenous Self-Government in Child and Family Services Amendment Act
- updated case law on Indigenous family law issues, including determination of child support and court involvement in determining Indigenous identity and heritage
- revised material and guidance related to practice and procedure for family law cases at the Court of Appeal, given the repeal and replacement of the Court of Appeal Act and Court of Appeal Rules
- new and updated forms and precedents, including revised Court of Appeal forms; new Forms 10.2 Consent Adjournment and 10.5 Application to Change Method Attendance under the Provincial Court (Child, Family and Community Service Act) Rules; and amended Form F54 Order Terminating Protection Order and new Form F32.1 Order Signing Instructions under the Supreme Court Family Rules
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CLEBC Legal Editor