Form 41: Notice of Removal of Lawyer for Child
Form 41 gives formal notice that a lawyer has stopped representing a child in a BC Provincial Court family case.
The child’s lawyer files and serves Form 41 when that representation ends under Rule 162. This updates the court and parties so future documents and hearing notices are directed correctly.
When is Form 41 required?
Rule 162(1)(b) requires the lawyer representing a child to file and serve Form 41 when the lawyer stops representing the child in that family case. It is a notice of ending representation, not a parent’s request to remove opposing counsel or a court order terminating a lawyer’s involvement.
How is the notice prepared?
- Use the correct registry and court file number for the existing family proceeding.
- List each party’s full name as it appears in the file.
- Identify the lawyer whose representation of the child has ended.
- Identify each child who is no longer represented by that lawyer, using the child’s full name and date of birth as directed by the prescribed Form 41.
- Check the required acknowledgment that a filed copy must be served on each party.
- The lawyer files Form 41 with the registry and serves every party with the filed notice.
What happens after it is filed?
The notice tells the parties and registry that the identified lawyer no longer acts for the specified child or children. Check whether a replacement lawyer has been engaged and has filed a new Form 40; do not assume there is one. If a party is uncertain where to serve future documents, check the latest filed notices and any judge’s directions.
How is it different from Form 40 and Form 43?
Form 40 starts notice of representation for a child. Form 41 notifies its end. Form 43 concerns removal of a party’s lawyer under Rule 163, which follows different provisions and must not be confused with a child’s independent lawyer.
Worked example
An independent lawyer represented a child during a parenting dispute, but the engagement later ends. The lawyer files Form 41 identifying the child and serves both parents. The court file then reflects the end of that lawyer’s representation rather than continuing to treat them as active counsel.
Avoid these errors
A parent should not sign Form 41 on behalf of the departing lawyer; a party’s dissatisfaction alone does not complete the child lawyer’s removal; and a generic email does not substitute for required filing and service. Check who represents the child before the next application or court date.
Official sources
- Official BC government Form 41 (PDF)
- BC Provincial Court Family Rules — 162
- BC government Provincial Court family forms library
- Official prescribed Form 41 (BC Laws PDF)
Primary-source cross-check: October 13, 2026. Targeted guide review, not a certification of every possible case or later legal amendment.