News

Family Law Practice Law Direction Issued by the Provincial Court of British Columbia

by Syngrafii – January 8, 2024

Syngrafii is pleased to flag this Family Law Practice Law Direction issued by the Provincial Court of British Columbia

 

BRITISH COLUMBIA — January 8, 2024 — The court’s recognition of the value of the handwritten signature in electronic submissions to improve compliance, non-repudiation and accountability of the signatory is an important step forward into the next era of e-signature usage.

iinked Sign™ by Syngrafii’s proprietary “iink it” mode is compliant with the Court's Practice Direction.

 

PRACTICE DIRECTION

Effective Date: 13 December 2023

FAM 10

PRACTICE DIRECTION

ELECTRONIC SIGNATURES ON FAMILY FORMS AND ORDERS AND FILING OF FAMILY ORDERS

Purpose

The purpose of this Practice Direction is to clarify: (1) the use of electronic signatures on forms* and orders made under the Family Law Act, S.B.C. 2011, c. 25 (FLA), Child, Family and Community Service Act, R.S.B.C. 1996, c. 46 (CFCSA), Family Maintenance Enforcement Act,

R.S.B.C. 1996, c. 127 (FMEA), Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29, and Adult Guardianship Act, R.S.B.C. 1996, c. 6. (collectively “Family Form or Order”); and (2) the method by which counsel must file Family Orders.

* For the purpose of this Practice Direction, “form” means a court form where a signature is required but does not include a Financial Statement or an Affidavit.

Application

This practice direction applies to all court registries in the Province.

 

Directions

1. A party or counsel may use an electronic signature (in lieu of handwritten signature) to sign a Family Form or Order. An electronic signature includes a digital image of a handwritten signature or a signature drawn in digital ink (by using, for example, a stylus, mouse, or trackpad), but does not include a typewritten name or typewritten certificate-based digital signature.

 

For a full copy of the Provincial Court’s Practice Direction:

https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/FAM10.pdf

 

For a short introduction to the importance of a handwritten signature in e-signatures:

iinked Sign Intro Video