JP Boyd on Family Law Editorial Manifesto

An editorial manifesto for a new public legal education resource

by John-Paul Boyd, May 2013

When Courthouse Libraries and I first started talking about this wiki project, there were some core values that I wanted the wiki to maintain. I’d never thought about these things before, but when we started talking about how the wiki would look and be run, I realized that there were in fact certain qualities of my old website that I wanted to preserve. From this came a set of guiding principles for the editorial tone of what is now called JP Boyd on Family Law. My hope is that this resource will continue to be:

1. Free
   The information should be available for free, to anyone, without restriction and without expectation of reward.
2. Plain language
   Information should be as accessible as possible and couched in colloquial language to the extent possible, without being inaccurate. It should avoid lawyer’s jargon to the extent possible, and may use humour, when humour is appropriate and relatively inoffensive.
3. Up-to-date and accurate
   The information should be timely and accurate, within reason and practicality.
4. Recommendatory of subject matter
   The information should not solely be about describing the options, but be prescriptive and recommendatory, when being prescriptive and recommendatory is appropriate. To some extent this will be an expression of policy and preference.
5. Promoting of good behaviour in the justice system
   The information should promote the overall functioning of the justice system by promoting behaviours that are helpful and facilitate resolution and discouraging those which do not and, in particular, behaviours that degrade the efficiency of court registry services, chambers applications and trial processes.
6. For sharing and redistribution
   The information should be broadly shared, and sharing and redistribution should be encouraged on the conditions that the source of the information be identified and that any subsequent reuse not be for a commercial purpose.
7. Helpful
   Above all, the information should be helpful. It should be practical and pragmatic and the wiki should provide other resources, like court forms, charts and checklists, where they would serve a practical purpose.

The bit about this resource being prescriptive and recommendatory needs a bit of an explanation. Writing as an individual I have always felt free to express my views on things through my website, although I took care to ensure that my employers wouldn't be tarred with my opinions. As a result, rather than trying to provide a legally complete, politically neutered website that in trying to say all things for all people wound up saying nothing, I have felt free to use the forbidden terms “should” and “shouldn’t;” I have said that parenting coordination can be expensive (it can), that grandparents will have a hard time getting parenting time over the objections of a parent (they will) and that the cost of resolving a legal dispute through trial can be prohibitively expensive (it is). There is value, I think, in being able to say “yes you can make an application for an order restraining the children from having their hair cut on Wednesdays, but you shouldn’t because it’s not worth the time, the money, the conflict or the anxiety.”

Finally, I was reading the 2012 report of the Family Justice Working Group of the Action Committee on Access to Justice in Civil and Family Matters, and gained further insight into the purposes behind my website. In discussion about court-provided information programs, the working group commented that:

“Beyond the obvious value of orienting and helping to organize the parties, these programs are premised on two ideas. The first is that information is essential to a fair resolution. The second is that information is a dispute resolution tool, or put in the negative, misinformation can generate and prolong disputes. … Early information has been demonstrated to be sufficiently effective in reducing conflict and expediting resolution that many provinces have elected to make it mandatory.”

I took two principles from this. First, that accurate legal information is essential to the fair resolution of family law disputes. Second, that accurate legal information is itself a tool for the resolution of family law disputes. Cool. That was kind of what I had always had in mind for my website.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

A judge of the superior courts of British Columbia, being the Supreme Court and the Court of Appeal.

A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched and reviewed.

A type of hearing in the BC Supreme Court, where a judge or an associate judge hears applications. Unlike trials, evidence is presented through affidavits instead of live witnesses, the proceedings are less formal (no one wears robes), and the result is often an interim order instead of a final order. Chambers can address procedural issues, but also interim orders dealing with parenting or support concerns, or other issues that come up before a family law trial is held.

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

A child-focused dispute resolution process used to resolve disputes about parenting arrangements and the implementation of a parenting plan set out in a final order or agreement. See "alternative dispute resolution" and "parenting coordinator."

Under the Family Law Act, a term which describes the time a guardian has with a child and during which is responsible for the day-to-day care of the child. Under the Divorce Act, a term which describes the time a spouse has with a child and during which is responsible for the day-to-day care of the child. See "guardian" and "spouse."

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "assisted reproduction," "natural parent" and "stepparent."

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

Processes used to resolve legal disputes, including negotiation, collaborative settlement processes, mediation, arbitration and litigation.