Difference between revisions of "How Do I Reply to a Priority Parenting Matter Application in the Provincial Court?"

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==Replying to the Application==
==Replying to the application==
The process for dealing with ''priority parenting matter'' applications is different from how you respond to regular applications for family law orders in Provincial Court. Things happen much quicker, so you need to watch your time.


The person making an interim application, the ''applicant'', must serve you with his or her Notice of Motion in Form 16 at least 7 days before the date of the hearing, along with any other documents he or she will be using at the hearing. The hearing date will usually have been fixed by the court registry, not by the applicant.
The person making an priority parenting matter application, the ''applicant'', will probably serve you with their Form 15 Application About Priority Parenting Matter at least seven days before the date of the hearing. They will also serve other documents that they <span class="noglossary">will</span> use at the hearing. The hearing date <span class="noglossary">will</span> likely have been fixed by the court registry, not by the applicant. It's possible that the applicant may be serving you with fewer than seven days notice if they had obtained permission from the court to have the matter heard on ''short leave'', in which case your time to prepare could be even less.  


There is no document that you must file to reply to the application, although it is possible to respond using the Reply used to respond to Applications to Obtain an Order. Whether you file a Reply or not, you must show up on the date set for the hearing or the court may make the order sought by the applicant. Make sure that you bring any important documents with you that will help at the hearing of the application.
There is no document that you must file to reply to the application, but you can respond using the Form 19 Written Response to Application. Form 19 is available online. See the [https://family.legalaid.bc.ca/forms/provincial Legal Aid BC's helpful list of Provincial Court forms]. Also, you should look into the relatively new [https://justice.gov.bc.ca/apply-for-family-order/ Apply for a Family Law Act Order] tool from the BC Government, which is not only for applicants, but application respondents too. This tool helps you prepare documents online, and it can save you time.  


==The Rules==
Whether you file a written response or not, you must show up on the date set for the hearing or the court may make the order sought by the applicant. Make sure that you bring any important documents with you that <span class="noglossary">will</span> help at the hearing of the application.


*Rule 12: How to make an interim application
==The rules==
*Rule 13: The rule about affidavits.
Consult the [https://canlii.ca/t/b8rn Provincial Court Family Rules]:
*Rule 5: The Family Justice Registry rule
*Rule 75-79: applications for priority parenting matters
*Rule 171-175: affidavits


==Further Reading==
==More information about priority parenting matters==
For more information about the steps you need to take to respond to a priority parenting matter application, look into [https://family.legalaid.bc.ca/bc-legal-system/ive-been-served-court-form/served-provincial-court-form/respond-to-form-10-12-15-16-or-29 Legal Aid BC's Family Law website's practical guide] on this topic. If do consult the Legal Aid BC guide, remember that the form you are responding to is ''Form 15'' (since the guide covers a few other kinds of applications).


A more complete discussion of the interim application process and the different timelines and deadlines can be found in the ____ page.
Read [[How Do I Make a Priority Parenting Matter Application in the Provincial Court?]], which is another Helpful Guides and Common Questions page in this section. That page explains what an applicant needs to think about, but it also discusses:
*What are ''priority parenting matters'', and what are not.
*How priority parenting matters are different from ordinary applications for a family law order using Form 3.
 
{{REVIEWED | reviewer = [[Matthew Ostrow]], September 19, 2023}}


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Latest revision as of 00:01, 16 January 2024

Replying to the application[edit]

The process for dealing with priority parenting matter applications is different from how you respond to regular applications for family law orders in Provincial Court. Things happen much quicker, so you need to watch your time.

The person making an priority parenting matter application, the applicant, will probably serve you with their Form 15 Application About Priority Parenting Matter at least seven days before the date of the hearing. They will also serve other documents that they will use at the hearing. The hearing date will likely have been fixed by the court registry, not by the applicant. It's possible that the applicant may be serving you with fewer than seven days notice if they had obtained permission from the court to have the matter heard on short leave, in which case your time to prepare could be even less.

There is no document that you must file to reply to the application, but you can respond using the Form 19 Written Response to Application. Form 19 is available online. See the Legal Aid BC's helpful list of Provincial Court forms. Also, you should look into the relatively new Apply for a Family Law Act Order tool from the BC Government, which is not only for applicants, but application respondents too. This tool helps you prepare documents online, and it can save you time.

Whether you file a written response or not, you must show up on the date set for the hearing or the court may make the order sought by the applicant. Make sure that you bring any important documents with you that will help at the hearing of the application.

The rules[edit]

Consult the Provincial Court Family Rules:

  • Rule 75-79: applications for priority parenting matters
  • Rule 171-175: affidavits

More information about priority parenting matters[edit]

For more information about the steps you need to take to respond to a priority parenting matter application, look into Legal Aid BC's Family Law website's practical guide on this topic. If do consult the Legal Aid BC guide, remember that the form you are responding to is Form 15 (since the guide covers a few other kinds of applications).

Read How Do I Make a Priority Parenting Matter Application in the Provincial Court?, which is another Helpful Guides and Common Questions page in this section. That page explains what an applicant needs to think about, but it also discusses:

  • What are priority parenting matters, and what are not.
  • How priority parenting matters are different from ordinary applications for a family law order using Form 3.
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Matthew Ostrow, September 19, 2023.


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