Governing Legislation and Resources for Family Law (3:II)

A. Note on the Family Law Act and this Manual

On March 18, 2013, British Columbia’s Family Law Act [FLA] came into force. The FLA is the culmination of many years of research and policy development, and has transformed British Columbia family law dramatically .

The current Manual chapter deals primarily with the FLA rather than the previous Family Relations Act [FRA]. If you are starting a legal challenge in family law now or in the future, the FLA will apply to your case. However, if you made a claim for property division before the FLA came into force (March 18, 2013), then those claims will be decided under the FRA; all of your other claims (such as for parenting arrangements, child support, spousal support) will be dealt with under the FLA, or the Divorce Act (DA), if it applies.

If your case still involves the FRA, we encourage you to look at an older version of this Manual, as we will not deal with the FRA in this version.

B. Resources in Print

1. Continuing Legal Education Society of British Columbia, Family Law Sourcebook for British Columbia (Vancouver: Continuing Legal Education Society of British Columbia, 2014).
   • This loose-leaf sourcebook contains a thorough overview of all aspects of family law, with cites to the relevant authorities for each statement of law.
2. Continuing Legal Education Society of British Columbia, Annotated Family Practice 2011 - 2012 [regular updates]. (Vancouver: Continuing Legal Education Society of British Columbia, 2008).
   • This is an essential resource for many family law lawyers, and is updated each year.
3. Continuing Legal Education Society of British Columbia, British Columbia Family Practice Manual, 5th ed. [regular updates] (Vancouver: Continuing Legal Education Society of British Columbia, 2011).
   • Loose leaf manual providing a solid how-to approach to common family law problems and processes.
4. Continuing Legal Education Society of British Columbia, Desk Order Divorce—An Annotated Guide (Vancouver: Continuing Legal Education Society of British Columbia, 2013).
   • Annotated guide to divorce, with regular updates.
5. John D. Gardner and A.K. Korde, British Columbia Family Law: Annotated Legislation (Markham: Lexis Nexis Butterworths, 1984-2008).
   • This loose leaf guide contains annotated legislation and judicial consideration of statutes pertaining to family law. Remember, it will only contain amendments up to the date of publication.
6. The Honourable Madam Justice Carol Huddart and Trudi L Brown, QC, British Columbia Family Law Practice, 2015 Edition + E-Book (Markham: Lexis Nexis Butterworths, 1984-2008).
   • This loose leaf guide contains annotated legislation and judicial consideration of statutes pertaining to family law. Remember, it will only contain amendments up to the date of publication.

Library References:

1. Mary Jane Mossman, Families and the Law in Canada: Cases and Commentary (Toronto: Emond Montgomery Publications, 2004).
   • A good casebook, which provides an overview of new family law issues in Canada.
2. Julien D. Payne, Payne on Divorce (Scarborough: Carswell, 1996).
   • A very good Canadian text on family law.

C. Resources on the Internet

1. Ministry of Justice – Family Law Legislation

Website: http://www.ag.gov.bc.ca/legislation/family-law

Resources that are particularly relevant include:

• Table of Concordance – allows for quick cross-referencing from the FRA sections to the FLA sections.
• Family Law Act Explained – an excellent primer on the major changes behind the FLA, breaking down the purpose of each new section individually.
• Questions and Answers – perhaps the best and most concise introduction to the changes that can be found on this website.

2. BC Supreme Court Services

Website: http://www.supremecourtselfhelp.bc.ca

• This service provides information to help users prepare the procedural aspects of a family or civil case. There is an office at 290 – 800 Hornby Street in Vancouver, but it does not handle phone, e-mail, or written inquiries. The staff cannot provide substantive advice on legal issues.

3. J.P. Boyd’s BC Family Law Web Resource

Website: http://wiki.clicklaw.bc.ca/index.php/JP_Boyd_on_Family_Law.

• This is an excellent site for those unfamiliar with family law rights and procedures, written in plain English. It is a good place to begin for those who have not had the benefit of a family law course.
• The Family Law Resource is one of the leading resources in BC, particularly for the Family Law Act.
• There is a link to forms for both matters in the Provincial Court and Supreme Court.

4. BC Family Maintenance Enforcement Program (FMEP)

Website: http://www.fmep.gov.bc.ca

• Administered by the Ministry of Human Resources, this program helps families to enforce child support and spousal support orders from ex-partners. The program is administered through select BC Employment and Assistance centres.

5. Legal Services Society Family Law in British Columbia

Website: http://www.familylaw.lss.bc.ca

• This site has general information on family law, including self-help materials, forms a client needs to file for an uncontested divorce, and step-by-step instructions for filling out the forms. It also houses web versions of Legal Services Society family law publications. Living Together, Living Apart: Common-Law Relationships, Marriage, Separation and Divorce is very useful. This publication is available in English, French, Simplified and Traditional Chinese, Punjabi, and Spanish.