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British Columbia Family Law Practice, 2017 Edition + E-Book

This book covers the Divorce Act, Child Support Guidelines, the B.C. Child, Family and Community Service Act, Family Law Act and other federal and provincial family legislation.
Publication Language: English
Book + Ebook
$139.00
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Published:
ISBN/ISSN: 9780433491026

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A One-Stop Resource for Practising Family Law in British Columbia – With annotations of all key family law statutes, Child Support Guidelines and practice rules

British Columbia Family Law Practice, 2017 Edition is once again your source for all the annotated legislation that a B.C. family law professional needs. This new edition reflects recent court approaches in interpreting and applying the Divorce Act, Child Support Guidelines, the B.C. Child, Family and Community Service Act, Family Law Act and other federal and provincial family legislation. It also continues to offer the original Ministry interpretations of every FLA provision, and cross-references to help you negotiate the new legislation.

Highlights of the New Edition

  • Discussion of key recent B.C. Court of Appeal decisions such as:
    • E.B. v. British Columbia (Director of Child, Family and Community Services) ( judicial review of child protection orders by Provincial Court)
    • British Columbia (Director of Child, Family and Community Services) v. A.D.T. (factors to consider on a leave to appeal application pursuant to s. 82 of the CFCSA)
    • Leung v. Yung (security for costs of appeal)
    • Beissner v. Matheusik (guidelines for income imputation)
    • Newton v. Crouch (eligibility of unmarried partner to property division)
    • Austin v. Goerz (approaches to determining marriage-like relationships)
    • Berthin v. Berthin (determination of separation agreements)
    • B.K. v. J.B. (interim orders)
  • Legislative amendments to:
    • Adoption Act, from S.B.C. 2015, ch. 5, in force March 10, 2016
    • Adoption Regulation, from B.C. Reg. 50/2016, in force September 1, 2016
    • Child, Family and Community Service Act, from S.B.C. 2016, ch. 5, in force March 10, 2016
    • Child, Family and Community Service Regulations, from B.C. Reg. 15/2016, effective April 5, 2016
    • Family Law Act, from S.B.C. 2016, ch. 5, in force March 10, 2016
    • Supreme Court Family Rules, from B.C. Reg. 4/2016, in force July 1, 2016
  • Updated appendices of directories of BC Family Mediators, Parent Co-ordinators and Child Interviewers
  • Recently released Practice Directions
  • Recently revised User's Guide to Spousal Support Advisory Guide

Unique Features

  • E-book format – Access the information you need, whenever and wherever you need it, on your computer or mobile device
  • Fully annotated Divorce Act – Featuring comprehensive case law coverage from across Canada, along with case law, cross-references and commentary annotations of all the other statutes, federal Child Support Guidelines and practice rules
  • Explanations of key sections of the Divorce Act, Child Support Guidelines, and Family Law Act – Featuring comprehensive case law coverage from across Canada with cross-references to the new B.C. Supreme Court Family Rules
  • Full text of the Spousal Support Advisory Guidelines & User's Guide– Introduction by Trudi Brown, Q.C., and cases showing how they have been applied
  • Federal Child Support Guidelines tables for British Columbia – Extensive case annotations, making the child support quantum numbers readily accessible
  • Expert-written practitioner's notes – Alerting you to key cases and statutory provisions, including case law which helps interpret the new Family Rules
  • Relevant cases – Covering important precedents for legal points across Canada not yet addressed by B.C. courts, and showing how the provision has been applied in practice
  • Scan-friendly limitations table – To ensure filing deadlines are met
An Invaluable Reference for
  • Family lawyers and mediators who need legislation, practice rules and key cases in one convenient, portable format
  • Judges who require an authoritative source of all pertinent national and provincial jurisprudence
  • Students of family law who want the easiest way to access and understand its jurisdictional complexities
  • Legal clerks and assistants who need accessible forms and a reliable procedural limitations table to meet all filing timelines

Featured authors

Table of contents

Limitations Table

Part I – Substantive Law
1: Federal Legislation and Regulations

  • Divorce Act (Annotated) and Regulations
  • Federal Child Support Guidelines (Annotated) and Table
  • Civil Marriage Act
  • Assisted Human Reproduction Act
  • Marriage (Prohibited Degrees) Act

2: British Columbia Legislation and Regulations

  • Adoption Act (Annotated) and Regulations
  • Child, Family and Community Service Act (Annotated) and Regulation
  • Family Law Act (Annotated)
  • Family Relations Act (Parts 5 and 6 - Annotated)
  • Marriage Act
  • Name Act
  • Vital Statistics Act

3: Miscellaneous Statutory Provisions

  • Law and Equity Act (B.C.) s. 60 (Annotated)
  • Canada Pension Plan ss. 53–55.3
  • Income Tax Act ss. 56, 56.1, 60, 60.1(1)–(4), 252(1)–(4)

Part II – Enforcement
1: Federal Legislation and Regulations

  • Family Orders and Agreements Enforcement Assistance Act and Regulations
  • Garnishment, Attachment and Pension Diversion Act ss. 2, 3, 31–47

2: British Columbia Legislation and Regulations

  • Family Maintenance Enforcement Act and Regulation
  • Interjurisdictional Support Orders Act and Regulation
  • Land (Spouse Protection) Act
  • Partition of Property Act s. 6 (Annotated)

Part III – Practice Rules
B.C. Supreme Court Act, s. 18
B.C. Supreme Court Family Law Rules (Annotated)
B.C. Provincial Court (Family) Rules (Annotated)
B.C. Provincial Court (Child, Family and Community Service Act) Rules
B.C. Court of Appeal Act and Rules
Family Practice Directions 1-7
Appendices
1. Spousal Support Advisory Guidelines & Revised User's Guide
2. B.C. Family Mediators contact information
3. B.C. Child Interviewers contact information
4. B.C. Parent Co-ordinators contact information