Research Guides | Law - Family Law Cases & Materials

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This guide highlights some resources that can be used for researching family law.

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Overview

Start your research with a textbook or legal encyclopedia for an overview of family law.

DOMESTIC RELATIONS -- GENERALLY

Auxier & Nordlinger, Marriage, Separation and Divorce British Columbia
LAW LIBRARY reference room (level 2): KEB194.Z82 M37 1998 (LC)
Self-Counsel Press publication that provides an overview of separation, divorce and annulment, maintenance and support, children and property rights.

Brown, Family Law: Battling Bias: Materials Prepared for the Continuing Legal Education Seminar
LAW LIBRARY level 3: KEB194.Z85 .F331 2001 (LC)
Contains materials examining the trends in case law, and how and if the courts consider gender, colour, sexuality, cultural heritage, and other such factors. Also available online via CLE Online .

CCH Canadian Limited, Canadian Family Law Guide
LAW LIBRARY reference room (level 2): KE537.5 .C36 (LC)
Reproduces the full text of legislation and digests of recent cases relating to family law in Canada. Also includes extensive commentary on issues relating to: Marriage and Divorce; Spousal and Child Support; Children; Custody and Access; Status of Children; Guardianship; Adoption; Children in Need of Protection; Family Mediation; Domestic Contracts; Pensions; and Taxation. Also available via CBCA and CCH Online .

Canadian Bar Association & Continuing Legal Education Society of B.C., Family Law Sourcebook for British Columbia
LAW LIBRARY reference room (level 2): KEB194 .F35 (LC)
Identifies the applicable legal principles and practice in family law cases, featuring concise statements of the legal principles in many important areas. Also available online via CLE Online .

Continuing Legal Education Society of B.C., Annotated Family Practice
LAW LIBRARY reference room (level 2): KEB194.Z85 A56 (LC)
Includes child support guidelines, the Divorce Act, Family Relations Act and court rules. Also available online via CLE Online .

Continuing Legal Education Society of B.C., British Columbia Family Practice Manual
LAW LIBRARY reference room (level 2): KEB194.A6 B75 2006 (LC)
Includes relevant case law, forms, precedents, procedural checklists and commentary. Also available online via CLE Online .

Fodden, Family Law
LAW LIBRARY reference room (level 2): KE539 .F63 1999 (LC)
Provides summary and analysis of areas where the family and the law intersect. Includes statutory framework within which families are created; the law's involvement in the on-going family when it fails to serve a member well and issues such as custody and access, divorce, distribution of family property, and financial support. Also available online .

Kronby, Canadian Family Law, 10th ed.
LAW LIBRARY reference room (level 2): KE539.2 .K76 2010 (LC)
Provides information on recent developments in family law, such as same-sex marriage, alternative dispute resolution and child support.

Payne & Payne, Canadian Family Law, 4th ed.
LAW LIBRARY reference room (level 2): KE539.2 .P39 2011 (LC)
Provides an overview. Incorporates new developments in the areas of child and spousal support and dispute resolution with a thorough analysis of family law in Canada. Includes Federal Child Support Guidelines, alternative dispute resolution, as well as the fundamental principles of family law within topics such as Marriage, Cohabitational Relationships, Domestic Contracts, Family Violence, Spousal Separation and Divorce, and Matrimonial Property Rights. Also available online .

ANTENUPTIAL CONTRACTS (marriage contracts)

Anderson et al., Family Law Agreements: Annotated Precedents (loose-leaf)
LAW LIBRARY reference room (level 2): KEB194.A6 F36 1998 (LC)
Provides sample clauses for family law agreements and commentary on when and how to use these clauses with concise discussions of current law, practice tips and tax implications. Included are sample separation, cohabitation and marriage agreements.

Sawyer, Contracts for Couples
LAW LIBRARY reference room (level 2): KE559 .S29 2003 (LC)
Details when a domestic contract should be made and how to write one whether married, engaged, or living together (including same-sex couples). Includes what can be covered; what terms are or are not legally enforceable; fairness in contracts; the importance of independent legal advice, and in what circumstances an agreement can be set aside.

Stark & MacLise, Domestic Contracts: A Comprehensive Guide to Marriage, Cohabitation and Separation Agreements in British Columbia and Ontario
LAW LIBRARY reference room (level 2): KE559.A62 S73 2004 (LC)
Contains a comprehensive collection of samples for marriage, cohabitation and separation agreements. Describes the laws and practice that affect all agreements; provides an interview checklist; provides Independent Legal Advice forms; and sets out relevant legislation and policies. Also available online via Westlaw Canada's FamilySource tab .

CHILD CUSTODY AND ACCESS

McLeod, Child Custody Law and Practice
LAW LIBRARY reference room (level 2): KE600 .M45 (LC)
Covers all aspects of law and practice related to custody and access in Canada with expert commentary on the stages of a custody-access proceeding including interim proceedings, decisions on the merits, enforcement, variation and appeals. Includes other topics of current interest such as expansion of access rights including access for grandparents, child representation, mobility rights and the effect of religion on custody and access. Also available via Westlaw Canada's FamilySource tab .

CHILD SUPPORT

Canada. Dept. of Justice, Federal Child Support Guidelines: Reference Manual
LAW LIBRARY reference room (level 2): KE602 .F43 (LC)
Provides guidelines and support tables with explanations of the mechanics of the legislation and the more important provisions.

MacDonald & Wilton, Child Support Guidelines Law and Practice
LAW LIBRARY reference room (level 2): KE602.A6 M32 1998 (LC)
Incorporates new developments in the areas of child and spousal support and dispute resolution with a thorough analysis of family law in Canada. Includes Federal Child Support Guidelines, alternative dispute resolution, as well as the fundamental principles of family law within topics such as Marriage, Cohabitational Relationships, Domestic Contracts, Family Violence, Spousal Separation and Divorce, and Matrimonial Property Rights. Also available via Westlaw Canada's FamilySource tab .

Payne & Payne, Child Support Guidelines in Canada, 2006
LAW LIBRARY level 3: KE602 .P39 2009 (LC)
Provides quick and efficient means to gain access to pertinent information on all aspects of the Federal Child Support Guidelines and corresponding provincial guidelines. Cites all of the most recent relevant cases from every province and territory. Also available online as an UBC Library e-Book .

DIVORCE

Hainsworth, Divorce Act Manual
LAW LIBRARY reference room (level 2): KE567.5 .H35 (LC)
Focuses on how trial and appellate courts are applying the law in cases brought before them. Includes information regarding the current state of the common law dealing with the federal Divorce Act, including divorce, child and spousal support, child access and the variation of court orders made under the Act.

MacDonald et al., The Annotated Divorce Act
LAW LIBRARY reference room (level 2): KE564.57 .M33 (LC)
Includes the Divorce Act and Federal Child Support Guidelines.

McDonald, Canadian Divorce Law and Practice
LAW LIBRARY reference room (level 2): KE564.54 .M33 1986 (LC)
Provides an overview of divorce law and includes family law forms. Also available via Westlaw Canada's FamilySource tab .

Preston & Continuing Legal Education Society of British Columbia, Desk Order Divorce: An Annotated Guide
LAW LIBRARY reference room (level 2): KEB201 .D47 1999 (LC)
Provides step-by-step instructions in putting together a successful desk order divorce package. Commentary explains desk order divorce procedure and strategy, and each document that must be submitted is annotated with sample provisions and practice tips. Also available online via CLE Online .

To find other texts using the library catalogue, do a subject heading search and click on applicable search results -- particularly ones ending with "British Columbia" and/or "Canada"
A few family subject headings are listed below:

adoption	dispute resolution (law)	marriage law
antenuptial contracts	divorce--law and legislation	marriage settlements
child support	domestic relations	matrimonial actions
child support--law and legislation	equitable distribution of marital property	mothers
child support--taxation	fathers	parent and child (law)
children--legal status, laws, etc.	guardian and ward	right of property
common law marriage	joint custody of children	separation (law)
custody of children	marital property	support (domestic relations)
desertion and non-support	marriage--annulment	visitation rights (domestic relations)

LEGAL ENCYCLOPEDIA

Canadian Encyclopedic Digest, 4th (Western)
LAW LIBRARY reference room (level 2): KE156.2 .C364 (LC)
See Volume 14, Title 63 Family Law (Divorce) and Volume 14A, Title 63.1 Family Law (General) for an overview of family law, including leading cases, primarily from Western Canada. Update the text by referring to the grey-edged pages at the beginning of the sections. Also available via Westlaw Canada .

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Internet Resources

Family Law (Canadian Bar Association - BC Branch - Dial-A-Law)
Provides transcripts of taped phone commentary on specific legal topics such as: divorce, separation or support; children, custody or adoption; common-law relationships; and marriage, family, violence and other family law topics.
Do-It-Yourself Divorce in B.C. (British Columbia, Ministry of Attorney General)
Outlines the requirements, procedures, necessary documents and time limits involved in filing for a divorce in B.C.
Family Justice (British Columbia, Ministry of Attorney General)
Provides information to individuals who have separated or who are contemplating separation.
Family Law in British Columbia (Legal Services Society)
Includes self-help materials; links to people and places to get more legal help or information; and general information about family law.
Programs and Initiatives (Canada Department of Justice)
Links to topics such as: Child-Centred Family Justice Strategy (Parenting After Divorce), Child Support, and Family Violence Initiative.

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Finding Cases - Print

British Columbia Decisions: Civil Cases (B.C.D.)
LAW LIBRARY reference room (level 2) & LAW LIBRARY level 4: KEB104.2 .B75 (LC) (also available online via BestCase )
Summarizes decisions of British Columbia Supreme Court, Court of Appeal and selected Provincial Court decisions. Digests are arranged by the specific topics under the heading FAMILY LAW. Check annual volumes for the last 5 years or more. Use the set's Table of Cases volume to determine if the case is published in a law report. Copy the citation(s) provided.

Canadian Abridgment
LAW LIBRARY reference room (level 2): KE173 .C3663 (LC) (also available online via Westlaw Canada )
This large multi-volume set provides a summary of every reported case in Canada, and selective coverage of unreported decisions. To find cases relevant to your topic within Family Law, use either the Key & Research Guide (providing a detailed table of contents) or the General Index volume. Once you have located case digests on your topic in the relevant bound volume of the Canadian Abridgment, update your research by consulting the relevant softcover supplement, and monthly issues of Canadian Current Law.

See Getting a Print Copy of the Case for an explanation of how to find the full-text of decisions.

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Finding Cases - Electronic Resources

British Columbia Decisions: Civil Cases (B.C.D.) (BestCase)
Summarizes decisions of British Columbia Supreme Court, Court of Appeal and selected Provincial Court decisions. Digests are arranged by the specific topics under the heading FAMILY LAW. Also available in print at LAW LIBRARY reference room (level 2) & LAW LIBRARY level 4: KEB104.2 .B75 (LC).
CanLII
Search for cases from the British Columbia Supreme Court, Court of Appeal, and Provincial Court, as well as from other Canadian courts.
Case Digest Connection (Continuing Legal Education of British Columbia)
Covers decisions British Columbia superior court and selected provincial court cases from 1996 onwards. To find digests of family law cases, browse by desired subject area under the heading FAMILY. Links to full text judgments are provided for most of the digests.
LSLAP (UBC Law Students Legal Advice Program)
See the LSLAP Manual Chapter 3: Family Law
Family Law (LexisNexis Quicklaw)
Found by topic in Source Directory in LexisNexis Quicklaw . Includes Canadian Journal of Family Law, Family Law Commentary and Family Law Netletters.
FamilySource (Westlaw Canada)
Via tab in Westlaw Canada . Family law cases from all Canadian jurisdictions, including the Reports of Family Law, plus an archive of unreported decisions. Includes commentaries/analysis from family law specialists: Jay McLeod, Jim MacDonald, Hugh Stark & Kirstie MacLise.

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Getting a Print Copy of the Case

If you have a citation for a reported case, try searching the law report series' abbreviation (e.g., BCLR) by title in UBC's online catalogue to find the location and call number of the report series. If this method is unsuccessful, check here or in print, the Abbreviations section in the Canadian Abridgment's KEY volume -- at LAW LIBRARY reference room (level 2): KE173 .C364 2003 (LC). Once you know the law report's full title, find its location and call number by searching online catalogue

Example: Van de Perre v Edwards (2001), 94 BCLR (3d) 199.

A Title search in UBC's online catalogue for BCLR finds British Columbia Law Reports (3d) at LAW LIBRARY level 4: KEB104 .A243 (LC). Most law reports are located on level 4 of the library. Browse the BCLR (third series) to locate volume 94, then turn to page 199 to find Van de Perre v Edwards. You may find copies of recent (1990 or later) BC decisions from the Courts of British Columbia website using significant words from the case name as your search terms. For example, "Vinderskov near Vinderskov" retrieves Vinderskov v Vinderskov, 2002 BCCA 590.

Note: Recent unreported decisions from the B.C. courts use neutral citation; cases are cited by a number given them by the courts. For example, 2002 BCCA 590 means case #590 decided in 2002 by B.C. Court of Appeal.

These resources are important tools for carrying out effective legal research. However, this guide provides a selective listing only, and is not meant to be exhaustive. There are many other legal materials that may be relevant to the issues you are researching. Please consult a librarian for assistance with your particular topic.

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Law - Family Law Cases & Materials