Form 40: Notice of Lawyer for Child
Form 40 is filed and served by a lawyer when the lawyer begins representing a child in a BC Provincial Court family case.
When a child has a lawyer, the lawyer files and serves Form 40 under Rule 162. The form alerts the parties and court that the child is represented and that the lawyer must receive documents and hearing notices.
Who completes Form 40?
The child’s lawyer, not one of the parents simply acting for themselves, completes the notice when representation begins. This notice does not itself appoint a lawyer, determine who pays the lawyer, or decide the child’s wishes. Representation can start at any time in a case under Rule 162(3).
Appointment is different from notice: the official form explains that court permission is not required merely for a lawyer to begin representing a child, but an appointment order may be needed under section 203 of the Family Law Act or to address fees and disbursements. Form 40 does not decide those matters.
What goes into the form?
- Confirm the court registry and file number of the existing Provincial Court family case.
- Provide the full names of each party as they appear on the court file.
- Identify the lawyer and firm (if relevant).
- Identify each child represented, including their full name and date of birth as requested in Part 2 of the prescribed form.
- In Part 2, select the actual issue(s) the lawyer represents the child on (for example parenting, support, contact, guardianship, relocation or a protection order); do not imply the lawyer acts on every issue automatically.
- Supply the lawyer’s professional contact and address-for-service information as requested by the official form.
- The lawyer files the completed Form 40 and serves each party with the filed copy.
What changes when Form 40 is filed?
Rule 162(2) says the child’s lawyer must be notified of all hearings, conferences and trial dates; must be served with documents served on parties; and may attend all hearings, conferences and trial dates. The prescribed form also alerts parties of the requirement to serve court documents on the child’s lawyer unless the court orders otherwise.
Does this lawyer represent a parent?
No. The child’s lawyer represents the child in the stated case, which is different from Form 42: Notice of Lawyer for Party. Serving the child’s lawyer does not usually replace serving a parent or any other party. A parent should not assume the child’s lawyer is their own counsel.
Worked example
During an existing parenting case, a lawyer begins acting for a child. The lawyer files Form 40 and serves the parties. From that point, each party includes the lawyer when serving relevant applications and notifying them of court dates, subject to the judge’s directions.
When does Form 40 stop applying?
If that lawyer stops representing the child, Rule 162(1)(b) requires the lawyer to file and serve Form 41: Notice of Removal of Lawyer for Child. Do not assume that a missed hearing, lack of emails, or a parent’s statement ends the representation without the required court notice.
Official sources
- Official BC government Form 40 (PDF)
- BC Provincial Court Family Rules — 162
- BC government Provincial Court family forms library
- Official prescribed Form 40 (BC Laws PDF)
Primary-source cross-check: October 13, 2026. Targeted guide review, not a certification of every possible case or later legal amendment.