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Difference between revisions of "Responding to a Court Proceeding in a Family Matter"
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Responding to a Court Proceeding in a Family Matter (view source)
Revision as of 15:06, 31 July 2017
, 15:06, 31 July 2017no edit summary
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*Rule 15-2.1: guardianship orders | *Rule 15-2.1: guardianship orders | ||
Links to and examples of the Response to Family Claim, Counterclaim and other court forms can be found in [[Supreme Court Forms (Family Law)|Supreme Court Forms & Examples]]. For a quick introduction to how to reply to a proceeding, see [[How Do I Respond to a Family Law Action in the Supreme Court?]] It's located in the section Defending an Action in the ''How Do I?'' part of this resource. | Links to and examples of the Response to Family Claim, Counterclaim and other court forms can be found in [[Supreme Court Forms (Family Law)|Supreme Court Forms & Examples]]. For a quick introduction to how to reply to a proceeding, see [[How Do I Respond to a Family Law Action in the Supreme Court?]] It's located in the section ''Defending an Action'' in the ''How Do I?'' part of this resource. | ||
===Quick tips: Defending an action in the Supreme Court=== | ===Quick tips: Defending an action in the Supreme Court=== | ||
The following tips are located in the section Defending an Action in the ''[[JP_Boyd_on_Family_Law_—_How_Do_I%3F|How Do I?]]'' part of this resource: | The following tips are located in the section ''Defending an Action'' in the ''[[JP_Boyd_on_Family_Law_—_How_Do_I%3F|How Do I?]]'' part of this resource: | ||
* '''Can't pay your court fees:''' If you can't afford to pay court fees, you can apply for indigent status. If you are granted indigent status the court fees for all or part of the proceeding will be waived. To find out more, see [[How Do I Apply for Indigent Status in the Supreme Court?]] | * '''Can't pay your court fees:''' If you can't afford to pay court fees, you can apply for indigent status. If you are granted indigent status the court fees for all or part of the proceeding will be waived. To find out more, see [[How Do I Apply for Indigent Status in the Supreme Court?]] | ||
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The form you must use is Form F4, set out in the Supreme Court Family Rules. This is a special form of response used only in family law cases. | The form you must use is Form F4, set out in the Supreme Court Family Rules. This is a special form of response used only in family law cases. | ||
The Response to Family Claim must be filed in the court registry and be served on the claimant by ordinary service. It | The Response to Family Claim must be filed in the court registry and be served on the claimant by ordinary service. It <span class="noglossary">costs</span> $25 to file a Response to Family Claim. When you file any document in Supreme Court (including the Response to Family Claim), the registry will keep the original of the document, so you will want to make and keep at least two additional copies (one for you to keep and one to give to the other party). Ordinary service means sending a copy of the filed response to the claimant at any of the addresses for service identified in the Notice of Family Claim. | ||
===Preparing, filing and serving a counterclaim=== | ===Preparing, filing and serving a counterclaim=== | ||
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If there are any orders you would like to ask for, you may file a Counterclaim at the court registry within 30 days of being served with the claimant's Notice of Family Claim. Your Counterclaim describes the additional orders you would like the court to make. | If there are any orders you would like to ask for, you may file a Counterclaim at the court registry within 30 days of being served with the claimant's Notice of Family Claim. Your Counterclaim describes the additional orders you would like the court to make. | ||
It can be very important to file a Counterclaim if you want the court to make an order on different terms or about a different issue than the claims made in the Notice of Family Claim. Think of it like this: your Response to Family Claim is your defence to the claims made by the claimant in | It can be very important to file a Counterclaim if you want the court to make an order on different terms or about a different issue than the claims made in the Notice of Family Claim. Think of it like this: your Response to Family Claim is your defence to the claims made by the claimant in his or her Notice of Family Claim. Your Response to Family Claim doesn't ask for anything; it just says what you do and don't agree with. Unless a Counterclaim is filed, the only person asking for any orders is the claimant. If you are successful in your defence, there may be no claims left for the court to make an order about. | ||
Rule 4-4 of the Supreme Court Family Rules provides information about Counterclaims. The form you must use is Form F5, set out in the Supreme Court Family Rules. This is a special form of counterclaim used in family law cases. Additional pages that require more detailed information must be added to the Counterclaim when you are asking for orders about: | Rule 4-4 of the Supreme Court Family Rules provides information about Counterclaims. The form you must use is Form F5, set out in the Supreme Court Family Rules. This is a special form of counterclaim used in family law cases. Additional pages that require more detailed information must be added to the Counterclaim when you are asking for orders about: | ||
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*other orders, like protection orders or orders for the change of a person's name. | *other orders, like protection orders or orders for the change of a person's name. | ||
The Counterclaim must be filed in the court registry and be served on the claimant by ordinary service. It | The Counterclaim must be filed in the court registry and be served on the claimant by ordinary service. It <span class="noglossary">costs</span> $200 to file a Counterclaim. When you file any document in Supreme Court (including the Counterclaim), the registry will keep the original of the document, so you will want to make and keep at least two additional copies (one for you to keep and one to give to the other party). | ||
===Deadline for reply=== | ===Deadline for reply=== | ||
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#After some initial scuffles, neither you nor the claimant will take any further steps in the court proceeding and the proceeding will languish. | #After some initial scuffles, neither you nor the claimant will take any further steps in the court proceeding and the proceeding will languish. | ||
For more information on the next steps in a family law proceeding, see [[Next Steps: An Overview of Case Conferences and Discovery in a Family Law Matter|Next Steps: An Overview of Case Conferences and Discovery]] | For more information on the next steps in a family law proceeding, see [[Next Steps: An Overview of Case Conferences and Discovery in a Family Law Matter|Next Steps: An Overview of Case Conferences and Discovery]]. | ||
==The Provincial Court== | ==The Provincial Court== | ||
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*Rule 21: Parenting After Separation program | *Rule 21: Parenting After Separation program | ||
Links to and examples of the Reply and other court forms can be found in [[Provincial Court Forms (Family Law)|Provincial Court Forms & Examples]]. For a quick introduction to how to reply to a proceeding, see [[How Do I Respond to a Family Law Action in the Provincial Court?]] It's located in the section Defending an Action in the ''How Do I?'' part of this resource. | Links to and examples of the Reply and other court forms can be found in [[Provincial Court Forms (Family Law)|Provincial Court Forms & Examples]]. For a quick introduction to how to reply to a proceeding, see [[How Do I Respond to a Family Law Action in the Provincial Court?]] It's located in the section ''Defending an Action'' in the ''How Do I?'' part of this resource. | ||
===Limitations of the Provincial Court=== | ===Limitations of the Provincial Court=== | ||
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The additional steps that follow the commencement of a proceeding in the Provincial Court are a simplified version of the Supreme Court process. There are fewer hoops to jump through, but also fewer means to extract information and documents from the other side. | The additional steps that follow the commencement of a proceeding in the Provincial Court are a simplified version of the Supreme Court process. There are fewer hoops to jump through, but also fewer means to extract information and documents from the other side. | ||
For more information on the next steps in a family law proceeding, see [[Next Steps: An Overview of Case Conferences and Discovery in a Family Law Matter | For more information on the next steps in a family law proceeding, see [[Next Steps: An Overview of Case Conferences and Discovery in a Family Law Matter|Next Steps: An Overview of Case Conferences and Discovery]]. | ||
==Resources and links== | ==Resources and links== | ||
