Family Law Provincial Court Practice 2012

Course Date: May 25, 2012

Welcome and Introduction

Introductory Remarks: Family Practice in Provincial Court

Associate Chief Judge Nancy N. Phillips — Provincial Court of BC, Vancouver

Tricks and Traps in Current Family Court Practice

A. “Who’s on First….?”—Concurrent, Inherent, and Paramount Jurisdiction

  • which court to choose: Provincial Court vs. Supreme Court
  • proceedings in both courts
  • moving between courts
  • multiple proceedings in Provincial Court
    • same parties, different registries
    • different parties, same child

David C. Dundee — Paul & Company, Kamloops

B. Current Issues for Proceeding in the Provincial Court

  • enforcement of court orders
  • effect of criminal proceedings on family proceedings
  • challenges with using the Family Relations Act in Provincial Court

Olga R. Volpe — Lead Family Duty Counsel, Provincial Court of BC, Surrey

C. Effect of Child, Family and Community Services Act Proceedings on Provincial Court Practice

  • acting for parents under the CFCSA
  • practice, procedure, and interplay between the FRA and the CFCSA

Bruce Clokie — Barrister & Solicitor, Vancouver

Networking Break

Changes to Family Court Practice with the Family Law Act

  • will the Family Law Act eliminate the traps in Family Court?
  • what are the possible changes to the Provincial Court Rules?

Jill Dempster — Civil Policy and Legislation Office, Justice Services Branch, Ministry of Justice, Victoria
Kathryn J. Ferriss — Lead Family Duty Counsel, Provincial Court of BC, Vancouver

Lunch (on your own)

Financial Disclosure in Provincial Court: Avoiding the Traps

  • Form 4 Financial Statement: a wish list or an accurate reflection?
  • what information should you obtain from your client to prepare a Form 4?
  • how do you obtain the best information from your client and present it to the court?
  • dealing with inadequate disclosure from the other party: a primer on imputing income in the face of inadequate disclosure

Ralph Krikke — Peterson Stark Scott, Surrey
G. C. (Scottie) Scott — Peterson Stark Scott, Surrey

Disclosure and Cost Efficiency in Provincial Court

  • Queensbury Rules or Trial by Ambush?
  • getting court time and how to best use it
  • making good time estimates
  • obtaining and using medical records and opinions in court
  • disclosure by MCFD
  • obtaining police records

Michelle B. Fuchs — Michelle Fuchs Law Office, Cranbrook
Robin P. McQuillan — Barrister & Solicitor, Vancouver

Networking Break

Government Agencies: Common Mistakes and How to Avoid Them

  • what do they do? what do they need from us?
  • Passport Office
  • Vital Statistics
  • Public Guardian and Trustee Office

Angela M. Accettura — Director, Legal Services, Family Maintenance Enforcement Program, Burnaby
Dina Barbosa — Assistant Manager, Passport Canada, Surrey
Jeremy Berland — Deputy Representative, Office of the Representative for Children and Youth, Victoria
Kimberley D.B. Norris — Barrister & Solicitor, Child and Youth Services, Public Guardian and Trustee of BC,  Vancouver