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British Columbia Family Law Practice, 2020 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
$160.00
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Hardcover + E-Book | 2,400 pages | Annual – Standing Order Terms Apply

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Published:
ISBN/ISSN: 9780433503064

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Bill C-78 Amendments to Divorce Act in force July 1, 2020 – Get Ahead of the Game!

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, 2020 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.

New In This Edition

  • On June 21, 2019, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, S.C. 2019 c. 16 (Bill C-78), was granted Royal Assent. Most of the Divorce Act amendments will come into force on July 1, 2020, while most of the GAPDA amendments and some of the FOAEAA amendments came into force upon Royal Assent. Highlights include:
    • Amendments to s. 16 of the Divorce Act (Parenting and Contact Orders) – Bests interest of child is re-enacted to maintain the best interests of the child as the only consideration for parenting decisions and include various measures to promote the best interests of the child.
    • Amendments to Terminology – The amendments replace the terms “custody” and “access” with terminology focused on parents’ responsibilities for their children.
    • A new framework for Mobility rights – The new framework for changes of residence and relocation includes three broad components: 1) Notice of a proposed change of residence or relocation, 2) Additional best interests criteria for relocation cases, and 3) Burdens of proof that will apply in certain relocation cases
    • Amendments to address family violence through: 1) Coordination of court proceedings, 2) Evidence-based definition of family violence, and 3) Best interests of the child criteria.
  • Key FOAEAA amendments include:
    • Administrative child support recalculation services
    • Interjurisdictional proceedings involving provinces or involving a province and a foreign designated jurisdiction
  • Key GAPDA amendments include:
    • Extension of the period within which a garnishee summons must be served on the federal Crown
    • MEPs will now be able to apply for pension diversion on behalf of support recipients, without obtaining a certified copy of the support order.
  • Changes to International Conventions
  • Amendments to Family Law Act from S.B.C. 2019, c. 4, ss. 1-3
  • Amendments to Child, Family and Community Services Act from S.B.C. 2018, c. 27, in force April 1, 2019
  • Amendments to B.C. Supreme Court Family Rules from B.C. Reg. 105/2019, in force July 1, 2019
  • Discussion of recent key cases such as:
    • F.J.V. v. W.K.S., [2019] B.C.J. No. 228, 2019 BCCA 67 (parenting coordinators)
    • Duggan v. White, [2019] B.C.J. No. 1010, 2019 BCCA 200 (status quo)
    • Kong v. Song, [2019] B.C.J. No. 337, 2019 BCCA 84 (habitual residence and parenting arrangements in multi-jurisdictional cases)
    • Namdarpour v. Vahman, [2019] B.C.J. No. 765, 2019 BCCA 153 (evidential presumptions in property division)
    • Baryla v. Baryla, [2019] B.C.J. No. 48, 2019 BCCA 22 (property division)
    • K.P.B. v. K.E., [2019] B.C.J. No. 763, 2019 BCCA 152 (family property)
    • Nestor v. Nestor, [2019] B.C.J. No. 1019, 2019 BCCA 203 (interim support orders)
    • And many more

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