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British Columbia Family Law Practice, 2019 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
$147.00
Quantity
In Stock
Published:
ISBN/ISSN: 9780433499183

Product details




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, 2019 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 issues of recent concern such as:
    • Differences in approaches to mobility applications under Division 2 and Division 6 of Part 4 of the Family Law Act
    • Supreme Court of Canada’s decision in Office of the Children's Lawyer v. Balev regarding application of Hague Convention to child return issues
    • Costs against lawyers personally
  • Discussion of key recent B.C. Court of Appeal decisions such as:
    • E.B.G. v. S.M.B. (exceptions to application of the general rule of presumptive date of retroactivity)
    • Sandy v. Sandy (subsequent child or spousal support application not precluded by previous dismissal of claim for support)
    • Hellberg v. Netherclift (mobility applications)
    • McClement v. McClement (reformulation of the approach to be taken in dealing with child support for adult children undertaking continuing education)
    • Lozinski v. Lozinski (principles of shared parenting arrangements)
    • Steward v. Ferguson (arbitration awards)
    • Kumagai v. Campbell Estate (valuation of family property)
    • Carpentier v. British Columbia (Director of Family Maintenance Enforcement)  (effect of the death of the payee parent)
    • J.P. v. British Columbia (Director of Child, Family and Community Services (expert evidence)
    • Kane v. Proffitt and Ratnam v. Priyanthan (standard of proof for claims of excluded property under s. 85 of FLA)
  • Legislative amendments to:
    • Child, Family and Community Service Regulations, up to B.C. Reg. B.C. Reg. 20/2018, , in force April 1, 2018
  • The 2017 Federal Child Support Guidelines (Simplified Tables for British Columbia), in force November 22, 2017
  • Updated appendices of directories of BC Family Mediators, Parent Co-ordinators and Child Interviewers

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