About - Michelle Kinney Law

About Michelle Kinney

As one of the architects of the British Columbia Family Law Act, Michelle has in-depth knowledge of the family laws. Michelle’s practice focusses on “family building”, including through assisted reproduction and cohabitation agreements, and “cooperative separation” through mediation and legal coaching so clients can help themselves navigate their family law issues.

Michelle received her law degree from the University of Victoria in 2006. She was called to the Bar in British Columbia (BC) in 2007 and called to the Bar in Nunavut in 2020. Michelle is accredited as a Family Law Mediator and a Family Law Arbitrator by the BC Law Society. She is recognized as an expert in her areas of law and is a regular presenter and contributor to a range of education materials on family law, law reform, family violence and fertility law.

As Michelle is an avid photographer, all of the photos on Michelle Kinney Law Webpage are Michelle’s photos.

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Background

Michelle spent approximately 7 years (2007 -2014) in the British Columbia government where she was an integral team member in the sweeping comprehensive reform of the family law. This culminated in the BC Family Law Act, which contributed largely to the framework for Canada’s new Divorce Act. Her team was awarded the Exemplary Service Team Award by the Attorney General for Family Law Act Reform Project. She spent the next 6 years self-employed in private practice at the Victoria boutique law firm of Cassels Murray, where she specialized in family law and fertility law, resolving disputes through negotiation, mediation, out-of-court dispute resolution, and litigation in Provincial and Supreme Court. Michelle is a founding member of Fertility Law BC, which was established in 2015 between a small group of fertility lawyers dedicated to developing resources and best practices in this ground breaking and evolving area of law. The Family Law BC website is a key resource for families navigating assisted reproduction. Michelle taught the Family Law Course at the University of Victoria Law School in 2024, and at the University of British Columbia Law School in 2016. In 2020, Michelle moved to Nunavut where she worked for approximately 1.5 years as legal counsel in the Government of Nunavut’s Department of Justice. Michelle continues to serve Nunavut on a contract and private practice basis. Her personal experience as a single mother navigating the family justice system, prior to attending law school, also provides Michelle with a unique understanding of the issues faced by clients.

Publications & Speaking Engagements

Michelle’s expertise on this area of law has resulted in her regularly presenting at conferences and contributing to a range of education materials on family law, law reform, family violence and parentage/ fertility law, including the following:

PUBLICATIONS:

• Law Society of BC Practice Checklist Manual (2023): Draft new part on Fertiltiy Law.

• BC Continuing Legal Education Family Law Agreements Manual (2017- 2020 and 2024): Contributing author- Drafter of manual for lawyers on parenting matters with precedents, draft new clauses for fertility agreements.

LexisNexis Practice Advisor (2018- 2020): Contributing author- Drafter of legal resource manual for lawyers on parenting matters and court precedents (with Lynda Cassels).

• Baby Steps II: Assisted Reproductive Technology and the BC Family Law Act (2015), co-author.

• BC Legal Services Society, Supreme Court Self-Help Resources Project: 2014-2015: Contributing author- Develop public legal resources and sample court materials, to assist self-represented family law litigants in Supreme Court.

• Public education materials on the BC Family Law Act,including: Contributing author to Family Law Act Transition Guide (2012), drafting Government website content and public education materials, policy and consultation papers, legal review of organization training including police, victim services, and Crown.

• Co-Chair Of Federal-Provincial-Territorial Working Group On Family Violence, 2011-2014: Co-Drafter Of Report: “Making the Links in Family Violence Cases: Collaboration among Family, Child Protection and Criminal Justice Systems”.

SPEAKING ENGAGEMENTS

Family & Fertility Law, Including:

Canadian Bar Association BC: Fertility Law Basics for Family Law Agreements (2024)
Free public presentation at KWENCH Co-working space: 10 Things Your Family Lawyer Wished You Knew Before Moving In (2024)
Inns of Court, Victoria: Family Law for Non-Family Lawyers (2023)
Canadian Bar Association subsection: Choose your own adventure and live your best life (while practicing family law) (2023)
The Secret Society: A Feature Film on Egg Donation in Canada: interviewed and featured as one of the lawyers/ experts in the film.
Fertility Matters Canada: remote presentation for public across Canada on assisted reproduction with donors or surrogates (2020) (See Blog)
American Bar Association Family Law Fall Conference: “Speaking for the Commonwealth Countries on Assisted Reproduction Law” (2016) (See Blog)
Baby Making- Fertility Law and Assisted Human Reproduction: Conference facilitator, organizer, presenter (2015) and facilitator (2021) BC Continuing Legal Education

Nunavut:

• Canadian Bar Association Nunavut: The new Divorce Act 2021 for lawyers

• Guest speaker at the Nunavut Law School on Fertility and Family Law

National Family Law Program Presenter:

• Cell Phones, Plastic Surgery, and Dance Costume: Section 7 Expenses in a Changing World: child support special expenses, with Christine Murray (2018) (and accepted for 2020 National Family Law Conference for Part 2, cancelled due to Covid-19)

• Family Violence: Collaboration between Civil and Criminal Systems with retired judge Honourable Donna Martinson (2014)

BC Continuing Legal Education (CLE) Presenter/ Contributor, including:

• Good Lawyering for Bad Parents: Relocation: the good the bad, and the ugly (2018)
• Family Law Act for Estate Practitioners (2014)
• Family Law Act: Everything You Ever Wanted to Know”(2013- 3 cities)

o Family Violence panel with the Honourable Donna Martinson

o Q&A with Government on the Family Law Act (government rep)

o Family Law Act Transition Guide: Contributor as government

University Of British Columbia Allard Law School:

• Sessional professor of 3^rd year Family Law course (co-taught with Christine Murray) (2016)

University Of Victoria Faculty Of Law:

• Sessional professor Family Law course (co-taught with Christine Murray) (2024)

Repeat guest speaker in Family & Contract Law class

• Panellist at Diversity Session (2014)

• Panelist at Women in Law (2018)

• Centre For Asia-Pacific Initiatives: Thai Judges training on family law (2019)

• Numerous other training/education sessions on family law, family violence, assisted reproduction and law reform including to BC Arbitration and Mediation Institute; Crown Counsel; Victoria Pride Festival; Victoria doctors and midwives and Nunavut and BC family lawyers, Canadian Bar Association.