How Do I Stop a Family Law Action in the Supreme Court?

From Clicklaw Wikibooks

Only the claimantThe person who starts a court proceeding seeking an order for specific remedy or relief against another person, the respondent. See "action" and "respondent." to a Supreme Court proceedingIn law, the whole of the conduct of a court proceeding, from beginning to end, and the steps in between; may also be used to refer to a specific hearing or trial. See "action." can stop the court proceedingA legal proceeding in which one party sues another for a specific remedy or relief, also called an "action," a "lawsuit" or a "case." A court proceeding for divorce, for example, is a proceeding in which the claimant sues the respondent for the relief of a divorce order. without the proceeding going to trialThe testing of the claims at issue in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a determination of the parties' claims against one another that is final and binding on the parties unless appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction." or being settled.

No one can stop a court proceeding for the claimant or force the claimant to stop a proceeding.

While it often happens that a proceeding is abandoned, typically when no one does anything in the actionA court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order. for a long time, that doesn't stop the court proceeding altogether or cancel any orders that have already been made.

To bring everything to a halt, the claimant must file a Notice of Discontinuance in Form F39, and deliver a copy of the filed notice to everyone else named in the proceeding. If the claimant does this too late, after a court proceeding has already been set for trial, the claimant can only stop everything with the consent of the other parties or a court orderA mandatory direction of the court, binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. See "appeal," "consent order," "decision" and "declaration.".

While there is no fee charged to file a Notice of Discontinuance, Rule 11-4(4) says that the respondentThe person against whom a claim has been brought by Notice of Family Claim. See “application” and “Notice of Family Claim." may be entitled to claimThe assertion of a legal right to an order or to a thing; the remedy or relief sought by a party to a court proceeding. their court costsA calculation of the allowable legal expenses of a party to a court proceeding, as determined by the Supreme Court Family Rules. The party who is most successful in a court proceeding is usually awarded their "costs" of the proceeding. See "account, "bill of costs," "certificate of costs," and "lawyer's fees." of the proceeding up to the date it is discontinued.

More information

You can find more information about Supreme Court procedure in the chapter Resolving Family Law Problems in Court within the section Starting a Court Proceeding in a Family Matter.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Thomas Wallwork, May 9, 2017.
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