FAM 10 - Electronic Signatures on Family Forms and Orders

  • May 17, 2021

Effective Date: 17 May 2021
FAM 10

PRACTICE DIRECTION
ELECTRONIC SIGNATURES ON FAMILY FORMS AND ORDERS

Purpose

To clarify 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”).

* 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

  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.
  2. If a party or counsel uses an electronic signature to sign a Family Form or Order, they should only file the electronically signed version of a Family Form or Order at the applicable court registry. They should not additionally file a copy of a Family Form or Order with their handwritten signature.

History of Practice Direction 

  • Original practice direction effective May 17, 2021.

I make this practice direction pursuant to my authority under the Provincial Court Act, R.S.B.C. 1996, c. 379, Rule 8(11) of the Provincial Court (Child, Family and Community Services Act) Rules, B.C. Reg. 533/95, and Rule 160 of the Provincial Court Family Rules, B.C. Reg. 120/2020.

Melissa Gillespie
Chief Judge
Provincial Court of British Columbia