How Do I Make an Interim Application in a Family Law Matter in the Provincial Court?
When to make an application
You can make an application any time after an Application to Obtain an Order has been filed.
If the registry the action is filed in is a Family Justice Registry, you may have to meet with a family justice counsellor before you can make your application.
Where there is a genuine emergency, however, you can make your application without having to first see the family justice counsellor, and without having to give notice or very much notice to the other side.
How to make an application
The only court form you will need is a Notice of Motion (Form 16). The form is available online. See the Provincial Court Forms section. Your Notice of Motion tells the court the orders that you want the court to make.
You must file your Notice of Motion in the court registry where the Application to Obtain an Order was filed. The court registry staff may book a date for the hearing of your application right there or they may want you to go to a first appearance hearing with the other side before booking the date. The hearing date will be written on your Notice of Motion.
You must serve the filed Notice of Motion on the other side at least seven days before the date set for the hearing, along with a copy of any documents you intend to use at the hearing.
- Rule 12: How to make an interim application
- Rule 13: The rule about affidavits
- Rule 5: The Family Justice Registry rule
For more information
You can find a more complete discussion of the interim application process and the different timelines and deadlines in the chapter Resolving Family Law Problems in Court within the section Interim Applications in Family Matters.
|The above was last reviewed for legal accuracy by Thomas Wallwork, September 27, 2014.|
|JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.|