Clicklaw Wikibooks - User contributions [en]

I Want to Get My Affairs in Order in Case I Become Incapable

2017-03-10T18:42:53Z

Audrey Jun: March 2017 update

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There are a number of options for you to make sure the people you trust are appointed to help you manage your affairs now or in the future:

* '''Enduring Power of Attorney''', or '''EPA''': A '''power of attorney''' is a legal document that you can make to appoint someone to be your "attorney". You can give this person the power to deal with your financial and legal affairs. You must be considered mentally capable when making a power of attorney. You can make the power of attorney '''enduring''', so that your attorney can still act on your behalf if you are later considered mentally incapable. A power of attorney, enduring or not, does not include authority for health care or personal care decisions. You also have the option of making your EPA so it is in effect when you are capable. You can still manage your own affairs during this time. You may want your attorneys to assist you during temporary illness or injury, or when you are facing gradual effects from conditions such as dementia.

*'''Representation Agreement Section 9 (RA9)''': A representation agreement is a legal document you can make to appoint one or more persons as your representative. There are two types of Representation Agreements (Section 7 or Section 9) and different capability requirements for each:
**A Section 9 RA is for people who are capable of understanding the nature and consequences of making the agreement.
**A Section 7 RA has no specific capability requirements, and is available to people even if they are incapable of making a contract, managing their health care, personal care or legal matters, or the routine management of their financial affairs. (See [[I want to help a friend or relative manage their affairs]])
:If you meet the requirements for a RA9, you can grant broader powers to your representative to assist with health care and/or personal care decisions. For example, an RA9 can cover decisions about refusing life support, if specified in the agreement.

An enduring power of attorney and RA9 combined can broadly cover the four areas of concern in personal planning: legal, financial, health and personal.

==First steps==

===(Enduring) Power of Attorney===

#Find out about your options. You will want to consider whether to do a ''general'' power of attorney to give your attorney a wide range of powers, or one limited to specific tasks. For example, some banks provide power of attorney forms to appoint someone to deal with your financial affairs at that specific bank and for no other purpose. You will also want to consider whether you want your power of attorney to be enduring. See the publications [http://www.clicklaw.bc.ca/resource/1276 Power of Attorney and Representation Agreements] and [http://www.clicklaw.bc.ca/resource/2262 Enduring Power of Attorney Fact Sheet] for more information.
#Identify an ''attorney'' (and a possible alternate). This should be someone you trust with your money (for example, a spouse, friend or immediate family member). The word ''attorney'' as used here does not mean and does not have to be a lawyer. You can choose who to appoint, with some exceptions. For example, a paid nurse who looks after you cannot be appointed (unless that person is your child, parent or spouse). If you appoint someone under the age of 19, they cannot act until they are an adult.
#Find help to make the document. The power of attorney (enduring or not) can be a complicated document to make and execute properly. There are specific rules around the wording of clauses, witnessing and signing requirements. There are also special rules if you include real estate. It is a good idea to consult a lawyer or a notary public who is familiar with drafting personal planning documents, so that your intentions are properly expressed. See the [http://www.clicklaw.bc.ca/resource/4135 Guide to Making & Registering Your Enduring Power of Attorney (EPA)] to get informed about your options before meeting with a legal professional.

===Representation Agreement Section 9 (RA9)===

#See the publication [http://www.clicklaw.bc.ca/resource/2364 Representation Agreement Overview] to consider your options.
#Identify the potential representative(s), alternates and monitor. There are multiple roles that people can have in the agreement.
#Make a Representation Agreement. See the resource [http://www.clicklaw.bc.ca/resource/2493 Legal forms for Representation Agreements] which contain guidance and standard forms for different types of Representation Agreements. You can get assistance with [http://www.clicklaw.bc.ca/helpmap/service/1136 Nidus In-Person or Phone Appointments] to help you determine which documents you need and where to get the legal forms, and more. You can also get help from a lawyer or notary who is familiar with drafting personal planning documents.

{{Tipsbox
| width = 60%
| tips = You must be at least 19 years of age to make a Representation Agreement in British Columbia.
}}
 
{{Tipsbox
| width = 60%
| tips = Some people refer to a "living will" or "advance care plan"— which are informal documents that express wishes and preferences for health care treatments if you become incapable of making those decisions. Although a living will or advance care plan-type document may be helpful to those you appoint, they are not legal documents in BC.
}}

==Where to get help==

See the Resource List in this Guide for a list of helpful resources. Your best bets are:
*[http://nidus.ca/ Nidus Personal Planning Resource Centre and Registry]: Free [http://www.nidus.ca/?page_id=6308 DIY RA9 forms], [http://www.nidus.ca/?page_id=6159 20 minute appointments for personal help] (in person in Vancouver or over the phone), [http://www.nidus.ca/?page_id=220 webinars].
**[http://www.clicklaw.bc.ca/resource/4224 Types of Planning: Personal Planning & Estate Planning] – this resource provides a good introduction and overview of the personal planning documents available in BC.
**[http://www.clicklaw.bc.ca/helpmap/service/1110 The Nidus Personal Planning Registry] is a service of the Nidus Personal Planning Resource Centre. The Registry lets you store your personal planning information, copies of your completed document(s), and other important documents like wills.
*[http://www.clicklaw.bc.ca/helpmap/service/1040 Access Pro Bono], [http://www.clicklaw.bc.ca/helpmap/service/1044 Lawyer Referral Service], and private bar lawyers.

{{REVIEWED | reviewer = [[Audrey Jun]], March 2017}}

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I Want to Help a Friend or Relative Manage Their Affairs

2017-03-10T18:26:27Z

Audrey Jun:

{{Template:Legal Help Guide TOC}}
There are options for assisting people who have not made personal planning documents in advance, and need help now to deal with their financial, legal, health and/or personal affairs. If the person is considered mentally capable, see the options in the question [[I want to get my affairs in order in case I become incapable]]. If the person needs help with making decisions due to a condition that has affected their mental capability, some of the options are:
*'''Representation Agreement Section 7 (RA7):''' The RA7 would allow your friend or relative to appoint one or more representatives to assist in making the following:
**routine financial decisions (e.g. managing pension deposits and paying bills)
**legal decisions (e.g. hiring a lawyer)
**health care decisions (e.g. medications, tests, dental visits)
**personal care decisions (e.g. living arrangements, exercise)
*'''Committeeship:''' Committeeship is a formal procedure to apply for adult guardianship, where the adult is declared mentally incompetent and a "committee" is appointed by BC Supreme Court to manage their affairs. Committeeship removes the adult's decision-making ability and is a 'last resort' option.

== First steps ==
=== Representation Agreement Section 7 (RA7) ===

#See the publication [http://www.clicklaw.bc.ca/resource/2364 Representation Agreement Overview] to consider the options and help you determine if an RA7 is the right choice.
#Identify the potential representative(s), alternates and monitor. There are multiple roles that people can have in the agreement.
#Make a Representation Agreement. See the resource [http://www.clicklaw.bc.ca/resource/2493 Legal forms for Representation Agreements] which contain guidance and standard forms for different types of Representation Agreements. You can also get help from a lawyer or notary who is familiar with drafting personal planning documents.

{{Tipsbox
| width = 60%
| tips = You must be at least 19 years of age to make a Representation Agreement in British Columbia.
}}

=== Committeeship ===

#See the publications [http://www.clicklaw.bc.ca/resource/1468 Committeeship] and the [http://www.clicklaw.bc.ca/resource/2175 Private Committee Handbook] for more information.
#Consult with a lawyer about the procedures to apply to Supreme Court, which include obtaining sworn statements (affidavits) from one or usually two doctor(s) licensed to practice in BC and costs several thousand dollars.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[http://nidus.ca/ Nidus Personal Planning Resource Centre and Registry]: Free [http://www.nidus.ca/?page_id=12009 DIY RA7 forms], [http://www.nidus.ca/?page_id=6159 20 minute appointments for personal help] (in person in Vancouver or over the phone), [http://www.nidus.ca/?page_id=220 webinars]
**[http://www.clicklaw.bc.ca/resource/4224 Types of Planning: Personal Planning & Estate Planning] – this resource provides a good introduction and overview of the personal planning documents available in BC.
**[http://www.clicklaw.bc.ca/helpmap/service/1110 The Nidus Personal Planning Registry] is a service of the Nidus Personal Planning Resource Centre. The Registry lets you store your personal planning information, copies of your completed document(s), and other important documents like wills.
*[http://www.clicklaw.bc.ca/helpmap/service/1040 Access Pro Bono], [http://www.clicklaw.bc.ca/helpmap/service/1044 Lawyer Referral Service], private bar lawyers.

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{REVIEWED | reviewer = [[Audrey Jun]], March 2017}}

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{{Creative Commons for Legal Help Guide}}

I Want to Help a Friend or Relative Manage Their Affairs

2017-03-10T18:22:20Z

Audrey Jun: update for march 2017

{{Template:Legal Help Guide TOC}}
There are options for assisting people who have not made personal planning documents in advance, and need help now to deal with their financial, legal, health and/or personal affairs. If the person is considered mentally capable, see the options in the question [[I want to get my affairs in order in case I become incapable]]. If the person needs help with making decisions due to a condition that has affected their mental capability, some of the options are:
*'''Representation Agreement Section 7 (RA7):''' The RA7 would allow your friend or relative to appoint one or more representatives to assist in making the following:
**routine financial decisions (e.g. managing pension deposits and paying bills)
**legal decisions (e.g. hiring a lawyer)
**health care decisions (e.g. medications, tests, dental visits)
**personal care decisions (e.g. living arrangements, exercise)
*'''Committeeship:''' Committeeship is a formal procedure to apply for adult guardianship, where the adult is declared mentally incompetent and a "committee" is appointed by BC Supreme Court to manage their affairs. Committeeship removes the adult's decision-making ability and is a 'last resort' option.

== First steps ==
=== Representation Agreement Section 7 (RA7) ===

#See the publication [http://www.clicklaw.bc.ca/resource/2364 Representation Agreement Overview] to consider the options and help you determine if an RA7 is the right choice.
#Identify the potential representative(s), alternates and monitor. There are multiple roles that people can have in the agreement.
#Make a Representation Agreement. See the resource [http://www.clicklaw.bc.ca/resource/2493 Legal forms for Representation Agreements] which contain guidance and standard forms for different types of Representation Agreements. You can also get help from a lawyer or notary who is familiar with drafting personal planning documents.

{{Tipsbox
| width = 60%
| tips = You must be at least 19 years of age to make a Representation Agreement in British Columbia.
}}

=== Committeeship ===

#See the publications [http://www.clicklaw.bc.ca/resource/1468 Committeeship] and the [http://www.clicklaw.bc.ca/resource/2175 Private Committee Handbook] for more information.
#Consult with a lawyer about the procedures to apply to Supreme Court, which include obtaining sworn statements (affidavits) from two doctors licensed to practice in BC.

== Where to get help ==
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
*[http://nidus.ca/ Nidus Personal Planning Resource Centre and Registry]: Free [http://www.nidus.ca/?page_id=12009 DIY RA7 forms], [http://www.nidus.ca/?page_id=6159 20 minute appointments for personal help] (in person in Vancouver or over the phone), [http://www.nidus.ca/?page_id=220 webinars]
**[http://www.clicklaw.bc.ca/resource/4224 Types of Planning: Personal Planning & Estate Planning] – this resource provides a good introduction and overview of the personal planning documents available in BC.
**[http://www.clicklaw.bc.ca/helpmap/service/1110 The Nidus Personal Planning Registry] is a service of the Nidus Personal Planning Resource Centre. The Registry lets you store your personal planning information, copies of your completed document(s), and other important documents like wills.
*[http://www.clicklaw.bc.ca/helpmap/service/1040 Access Pro Bono], [http://www.clicklaw.bc.ca/helpmap/service/1044 Lawyer Referral Service], private bar lawyers.

Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

{{REVIEWED | reviewer = [[Audrey Jun]], March 2017}}

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Google Analytics for Clicklaw Website Contributors

2016-10-05T20:59:35Z

Audrey Jun: /* Viewing the Report */

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[[Category:Clicklaw Website Contributor Guide]]

Clicklaw uses Google Analytics (GA) to collect, report, and analyze data about its website usage. The report featured below shows outbound traffic from Clicklaw to contributor websites. The metric here is the number of clicks on links to contributor websites. Each time a Clicklaw visitor clicks the link, Google Analytics reports it as one click. Currently, we only provide the instruction for viewing the outbound traffic report. We welcome any suggestions on other reports that could be useful for Clicklaw contributors and will be happy to share them here. Please email editor@clicklaw.bc.ca with your suggestions.

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[[Category:Clicklaw Website Contributor Guide]]

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2016-10-05T20:59:23Z

Audrey Jun:

Google Analytics for Clicklaw Website Contributors

2016-10-05T20:58:29Z

Audrey Jun: GA change

__NOTOC__
{{GUIDEPAGE}}
[[Category:Clicklaw Website Contributor Guide]]

Clicklaw uses Google Analytics (GA) to collect, report, and analyze data about its website usage. The report featured below shows outbound traffic from Clicklaw to contributor websites. The metric here is the number of clicks on links to contributor websites. Each time a Clicklaw visitor clicks the link, Google Analytics reports it as one click. Currently, we only provide the instruction for viewing the outbound traffic report. We welcome any suggestions on other reports that could be useful for Clicklaw contributors and will be happy to share them here. Please email editor@clicklaw.bc.ca with your suggestions.

{{Tipsbox
| width = 70%
| tips = For PDF files, Clicklaw generally sends traffic directly to the files residing on your web server, which is reported in the above report. When your website is using Google Analytics to track inbound traffic, this direct-to-PDF traffic does not get reported because of the way GA tracking works. Clicklaw’s report can then provide a piece of the missing picture and complement your own GA report.
}}

==Google Analytics Account==

You could log in to Google Analytics to access the report using Clicklaw's account or using your own account.

===Using Clicklaw's GA account===

Clicklaw has a GA account for contributors. When you [http://wiki.clicklaw.bc.ca/index.php/Logging_in_to_the_Clicklaw_contributor_site log in to Clicklaw], you can see the information about the user name and password for this purpose.

[[File:google_analytics_contributors_account_info.png | border| link=]]

===Using your own GA account===

If you already have a GA account, we could give permission to your account to access Clicklaw's GA reports. This way, Clicklaw will show up under your list of sites whenever you log in to your GA account. Please let us know your GA account's email address by sending an email to editor@clicklaw.bc.ca.

==Viewing the Report==

#Go to http://www.google.ca/analytics/.
#Enter the user account and password
#Click on Clicklaw – [v2]. [[File:viewing_the_report_1.png | border| link=]] 
#Go to Behavior --> Events --> Top Events. You will see a list of organization names on the screen. Click on your organization name to see your report. [[File:viewing_the_report_2.png | border| link=]] 
#You will see a list of resource titles/service names and the traffic data in a table. [[File:reading_the_report_1.png | border| link=]] 
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#You may want to change how the report looks like. Switching the display option to Performance will show you a bar chart instead of just numbers. Click on the icon as shown below. [[File:viewing_the_report_4.png | border| link=]] 

==Filtering the report==
You can filter the report if you'd like to search for specific resources. For example, you have a resource that is available in several languages and you'd like to see how much traffic went to each of the language version.

#Enter your search keywords and click on the search icon. [[File:filtering_the_report_1.png | border| link=]] 
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==Exporting the report==

You may want to export the report, for example into an Excel or a PDF file, to share it with others in your organization.

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#Select a format to download the report file.

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[[Category:Clicklaw Website Contributor Guide]]

JP Boyd on Family Law

2016-02-11T20:00:14Z

Audrey Jun: /* How Do I? */

{{Cover Thumbnail
|filename = jpboydcover.png
|title = ''JP Boyd on Family Law'' (print edition released May 29, 2013)
}} {{Export_Badge
|SavedBookName = JP_Boyd_on_Family_Law
}}
{{fmbox
| type =
| small =
| image = none
| style = width:260px;clear: right;float: right;
| smallimage =
| textstyle =
| text = [[File:jpboydblog.jpg|200px|center|link=http://bcfamilylawresource.blogspot.ca/]]The '''[http://bcfamilylawresource.blogspot.ca/ JP Boyd on Family Law Blog]''' provides updates and commentary on family law developments from [[JP Boyd|John-Paul Boyd]].
}}

Completely updated for the ''Family Law Act,'' this trusted source for divorce and family law information is based on [[JP Boyd|John-Paul Boyd's]] popular website, BC Family Law Resource. Written in plain language, with rollover definitions for legal words and phrases, '''''JP Boyd on Family Law''''' provides practical, in-depth coverage of family law and divorce law in British Columbia. To get started, read [[Family Law in British Columbia]] for a quick introduction. Then dive into the main chapters of the wikibook, or see the [[JP Boyd on Family Law — How Do I?|How Do I?]] section for answers to common procedural questions. Read about the [[Introduction to JP Boyd on Family Law|transition of this resource to a wiki format]]. View the many [[:Category:JP Boyd on Family Law Contributors|lawyers and judges]] who keep this resource updated.

==Contents==

===Getting Started===
*[[Introduction to JP Boyd on Family Law|Introduction]]{{·}} [[Family Law in British Columbia]]{{·}} [[Terminology|Definitions]]{{·}} [[Legislation in Family Matters|Family Law Legislation]]{{·}} [[Divorce Act Basics|''Divorce Act'' Basics]]{{·}} [[Family Law Act Basics|''Family Law Act'' Basics]]

===Chapters===
{|
|- style="vertical-align:top;"
|
*'''[[Introduction to the Legal System for Family Matters|The Legal System]]'''
**[[The Court System for Family Matters|The Court System]]{{·}}[[The Law for Family Matters|The Law]]{{·}}[[You & Your Lawyer]]
| [[Don Kawano|Don Kawano, QC]] and [[Mark Norton]]
|- style="vertical-align:top;"
|
*'''[[Resolving Family Law Problems out of Court|Resolving Problems out of Court]]'''
**[[Collaborative Processes]]{{·}}[[Family Law Mediation|Mediation]]{{·}} [[Family Law Arbitration|Arbitration]]{{·}} [[Parenting Coordination]]
| [[Jane Henderson|Jane Henderson, QC]] and [[Taryn Moore]]
|- style="vertical-align:top;"
|
*'''[[Resolving Family Law Problems in Court|Resolving Problems in Court]]'''
**[[Starting a Court Proceeding in a Family Matter|Starting a Court Proceeding]]{{·}} [[Replying to a Court Proceeding in a Family Matter|Replying to a Court Proceeding]]{{·}} [[Case Conferences in a Family Law Matter|Case Conferences]]{{·}} [[Interim Applications in Family Matters|Interim Applications]]{{·}} [[Enforcing Orders in Family Matters|Enforcing Orders]]{{·}} [[Changing Final Orders in Family Matters|Changing Final Orders]]
| [[Angela Thiele]] and [[Agnes Huang]]
|- style="vertical-align:top;"
|
*'''[[Family Law Agreements]]'''
**[[Cohabitation Agreements|Cohabitation Agreements]]{{·}} [[Marriage Agreements|Marriage Agreements]]{{·}} [[Separation Agreements|Separation Agreements]]{{·}} [[Enforcing Family Law Agreements|Enforcing Agreements]]{{·}} [[Changing Family Law Agreements|Changing Agreements]]
| [[Beatrice McCutcheon]]
|- style="vertical-align:top;"
|
*'''[[Children in Family Law Matters|Children]]'''
**[[Parenting after Separation]]{{·}} [[Guardianship, Parenting Arrangements and Contact|Guardianship, Parenting Arrangements & Contact]]{{·}} [[Custody and Access|Custody & Access]]{{·}} [[Changing Family Law Orders and Agreements Involving Children|Making Changes]]{{·}} [[Estrangement and Alienation|Estrangement & Alienation]]
| [[Mary Mouat|Mary Mouat, QC]] and [[Justin Werb]]
|- style="vertical-align:top;"
|
*'''[[Child Support]]'''
**[[Child Support Guidelines|The Guidelines]]{{·}} [[Exceptions to the Child Support Guidelines|Exceptions to the Guidelines]]{{·}} [[Making Changes to Child Support|Making Changes]]{{·}} [[Child Support Arrears]]
| [[Eugene Raponi|Eugene Raponi, QC]] and [[Inga Phillips]]
|- style="vertical-align:top;"
|
*'''[[Spousal Support]]'''
**[[Basic Principles of Spousal Support|Basic Principles]]{{·}} [[The Spousal Support Advisory Guidelines|The Advisory Guidelines]]{{·}} [[Making Changes to Spousal Support|Making Changes]]{{·}} [[Spousal Support Arrears]]
| [[David Dundee]] and [[Amanda Rose]]
|- style="vertical-align:top;"
|
*'''[[Property & Debt in Family Law Matters|Property & Debt]]'''
**[[Basic Principles of Property & Debt in Family Law|Basic Principles]]{{·}} [[Protecting Property & Debt in Family Law Matters|Protecting Property & Debt]]{{·}} [[Dividing Property & Debt in Family Law Matters|Dividing Property & Debt]]
| [[Megan Ellis | Megan Ellis, QC]]
|- style="vertical-align:top;"
|
*'''[[Family Relationships]]'''
**[[Marriage & Married Spouses]]{{·}} [[Unmarried Spouses]]{{·}} [[Other Unmarried Relationships]]{{·}} [[Children's Caregivers and Extended Family|Caregivers & Extended Family]]{{·}} [[Adoption]]{{·}} [[Parentage and Assisted Reproduction|Parentage & Assisted Reproduction]]
| [[Stephen Wright]] and [[Michael Sinclair]]
|- style="vertical-align:top;"
|
*'''[[Separation & Divorce]]'''
**[[Separation]]{{·}} [[Separating Emotionally]]{{·}} [[Divorce]]
| [[Vanessa Van Sickle]] and [[Thomas Wallwork]]
|- style="vertical-align:top;"
|
*'''[[Specific Communities and Family Law|Specific Communities]]'''
**[[Aboriginal Family Law Issues|Aboriginals]]{{·}} [[Immigrants and Family Law|Immigrants]]{{·}} [[Same-Sex Relationships and Issues Affecting Transgendered and Transsexual People|LGBT]]
| [[Arlene Henry|Arlene Henry, QC]] and [[Rhaea Bailey]]
|- style="vertical-align:top;"
|
*'''[[Family Violence]]'''
| [[Gayle Raphanel]] and [[Samantha Simpson]]
|- style="vertical-align:top;"
|
*'''[[Overlapping Legal Issues and Family Law|Overlapping Legal Issues]]'''
**[[Naming and Changes of Name|Naming & Changes of Name]]
| [[Don Kawano]] and [[Mark Norton]]
|}

===How Do I?===
*'''Marriage, Separation & Divorce'''
**[[How Do I Get Married in British Columbia?|Get Married in British Columbia?]]{{·}} [[How Do I Prepare for Separation?|Prepare for Separation?]]{{·}} [[How Do I Separate from My Spouse?|Separate from My Spouse?]]{{·}} [[How Do I Find Out if I'm Divorced?|Find Out if I'm Divorced?]]{{·}} [[How Do I Get Divorced|Get Divorced?]]{{·}} [[How Do I Get my Certificate of Divorce?|Get my Certificate of Divorce?]]

*'''Avoiding an Obligation'''
**[[How Do I Get Out of Paying Child Support?|Get Out of Paying Child Support?]]{{·}} [[How Do I Get Out of Paying Spousal Support?|Get Out of Paying Spousal Support?]]{{·}} [[How Do I Get Out of Sharing My Assets?|Get Out of Sharing My Assets?]]

*'''Alternatives to Court'''
**[[How Do I Start Negotiations with My Spouse?|Start Negotiations with My Spouse?]]{{·}} [[How Do I Start Mediation with My Spouse?|Start Mediation with My Spouse?]]{{·}} [[How Do I Start a Collaborative Settlement Process with My Spouse?|Start a Collaborative Process with My Spouse?]]{{·}} [[How Do I Start Arbitration with My Spouse?|Start Arbitration with My Spouse?]]{{·}} [[How Do I Hire a Parenting Coordinator?|Hire a Parenting Coordinator?]]

More [[JP Boyd on Family Law — How Do I?|How Do I?]] topics...

===Court Forms & Documents===
*[[Supreme Court Forms (Family Law)|Supreme Court Forms & Examples]]{{·}} [[Provincial Court Forms (Family Law)|Provincial Court Forms & Examples]]{{·}} [[Other Forms and Documents (Family Law)|Other Family Law Forms & Documents]]

===From the Author===
*[[JP Boyd on Family Law Editorial Manifesto|Editorial Manifesto]]{{·}} [[Rights and Responsibilities of Self-Represented Litigants]]

==Editors and Advisory Committee==
===Current editors===
[[:Category:JP Boyd on Family Law Editors (2015)|Many contributors and editors]] help to improve ''JP Boyd on Family Law'' and keep it current, including:
{| style="font-size:85%; border: 1px;"
|[[File:ddundee.png|border|x125px|link=David Dundee]] <div class="center">[[David Dundee]]</div> || [[File:jhenderson.jpg|border|x125px|link=Jane Henderson]] <div class="center">[[Jane Henderson|Jane Henderson, QC]]</div> || [[File:ahuang.jpg|border|x125px|link=Agnes Huang]] <div class="center">[[Agnes Huang]]</div> || [[File:dkawano.png|border|x125px|link=Don Kawano]] <div class="center">[[Don Kawano|Don Kawano, QC]]</div> || [[File:Mmouat.png|border|x125px|link=Mary Mouat]] <div class="center">[[Mary Mouat|Mary Mouat, QC]]</div> || [[File:jwerb.png|border|x125px|link=Justin Werb]] <div class="center">[[Justin Werb]]</div>
|}

===Advisory committee===
A multi-disciplinary [[:Category:JP Boyd on Family Law Advisory Committee (2013)|advisory committee]] of lawyers, educators, and librarians provided valuable guidance, perspective and assistance recruiting editors for this Clicklaw Wikibook.

==Creative Commons==

{{Creative Commons
|title = JP Boyd on Family Law
|author = [[JP Boyd|John-Paul Boyd]] and Courthouse Libraries BC
}}
{{JP Boyd on Family Law Navbox|type=chapters}}
__NOTOC__
__NOGLOSSARY__
[[Category:Navigation Page]]
[[Category:JP Boyd on Family Law]]

Template:JP Boyd on Family Law Navbox

2016-02-11T19:49:45Z

Audrey Jun:

{{Navbox with collapsible groups
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| list1 = [[Introduction to JP Boyd on Family Law|Introduction]]{{·}} [[Family Law in British Columbia]]{{·}} [[Terminology|Definitions]]{{·}} [[Legislation in Family Matters|Family Law Legislation]]{{·}} [[Divorce Act Basics|''Divorce Act'' Basics]]{{·}} [[Family Law Act Basics|''Family Law Act'' Basics]]

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|state2 = {{#switch:{{{type}}} |collapsed=uncollapsed|started=collapsed|chapters=uncollapsed|how=collapsed|forms=collapsed}}
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| group1 = [[Introduction to the Legal System for Family Matters|The Legal System]]
| list1 = [[The Court System for Family Matters|The Court System]]{{·}} [[The Law for Family Matters|The Law]]{{·}} [[You & Your Lawyer]]

| group2 =  [[Resolving Family Law Problems out of Court|Resolving Problems out of Court]]
| list2 = [[Collaborative Processes]]{{·}} [[Family Law Mediation|Mediation]]{{·}} [[Family Law Arbitration|Arbitration]]{{·}} [[Parenting Coordination]]

| group3 = [[Resolving Family Law Problems in Court|Resolving Problems in Court]]
| list3 = [[Starting a Court Proceeding in a Family Matter|Starting a Court Proceeding]]{{·}} [[Replying to a Court Proceeding in a Family Matter|Replying to a Court Proceeding]]{{·}} [[Case Conferences in a Family Law Matter|Case Conferences]]{{·}} [[Interim Applications in Family Matters|Interim Applications]]{{·}} [[Enforcing Orders in Family Matters|Enforcing Orders]]{{·}} [[Changing Final Orders in Family Matters|Changing Final Orders]]

| group4 = [[Family Law Agreements]]
| list4 = [[Cohabitation Agreements]]{{·}} [[Marriage Agreements]]{{·}} [[Separation Agreements]]{{·}} [[Enforcing Family Law Agreements|Enforcing Agreements]]{{·}} [[Changing Family Law Agreements|Changing Agreements]]

| group5 = [[Children in Family Law Matters|Children]]
| list5 = [[Parenting after Separation]]{{·}} [[Guardianship, Parenting Arrangements and Contact|Guardianship, Parenting Arrangements & Contact]]{{·}} [[Custody and Access|Custody & Access]]{{·}} [[Changing Family Law Orders and Agreements Involving Children|Making Changes]]{{·}} [[Estrangement and Alienation|Estrangement & Alienation]]

| group6 = [[Child Support]]
| list6 = [[Child Support Guidelines|The Guidelines]]{{·}} [[Exceptions to the Child Support Guidelines|Exception to the Guidelines]]{{·}} [[Making Changes to Child Support|Making Changes]]{{·}} [[Child Support Arrears|Arrears of Support]]

| group7 = [[Spousal Support]]
| list7 = [[Basic Principles of Spousal Support|Basic Principles]]{{·}} [[The Spousal Support Advisory Guidelines|The Advisory Guidelines]]{{·}} [[Making Changes to Spousal Support|Making Changes]]{{·}} [[Spousal Support Arrears|Arrears of Support]]

| group8 = [[Property & Debt in Family Law Matters|Property & Debt]]
| list8 = [[Basic Principles of Property & Debt in Family Law|Basic Principles]]{{·}} [[Protecting Property & Debt in Family Law Matters|Protecting Property & Debt]]{{·}} [[Dividing Property & Debt in Family Law Matters|Dividing Property & Debt]]

| group9 = [[Family Relationships]]
| list9 = [[Marriage & Married Spouses]]{{·}} [[Unmarried Spouses]]{{·}} [[Other Unmarried Relationships]]{{·}} [[Children's Caregivers and Extended Family|Children's Caregivers & Extended Family]]{{·}} [[Adoption]]{{·}} [[Parentage and Assisted Reproduction|Parentage & Assisted Reproduction]]

| group10 = [[Separation & Divorce]]
| list10 = [[Separation]]{{·}} [[Separating Emotionally]]{{·}} [[Divorce]]

| group11 = [[Specific Communities and Family Law|Specific Communities]]
| list11 = [[Aboriginal Family Law Issues|Aboriginals]]{{·}} [[Immigrants and Family Law|Immigrants]]{{·}} [[Same-Sex Relationships and Issues Affecting Transgendered and Transsexual People|LGBT]]

| group12 = [[Family Violence]]
| list12 = [[Family Violence]]

| group13 = [[Overlapping Legal Issues and Family Law|Overlapping Legal Issues]]
| list13 = [[Naming and Changes of Name|Naming & Changes of Name]]

}}

|group3= [[JP Boyd on Family Law — How Do I?|How Do I?]]
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|abbr3 = how
|list3={{Navbox subgroup
| group1 = Marriage, Separation & Divorce
| list1 = [[How Do I Get Married in British Columbia?|Get Married in British Columbia?]]{{·}} [[How Do I Prepare for Separation?|Prepare for Separation?]]{{·}} [[How Do I Separate from My Spouse?|Separate from My Spouse?]]{{·}} [[How Do I Find Out if I'm Divorced?|Find Out if I'm Divorced?]]{{·}} [[How Do I Get Divorced|Get Divorced?]]{{·}} [[How Do I Get my Certificate of Divorce?|Get my Certificate of Divorce?]]

| group2 = Avoiding an Obligation
| list2 = [[How Do I Get Out of Paying Child Support?|Get Out of Paying Child Support?]]{{·}} [[How Do I Get Out of Paying Spousal Support?|Get Out of Paying Spousal Support?]]{{·}} [[How Do I Get Out of Sharing My Assets?|Get Out of Sharing My Assets?]]

| group3 = Alternatives to Court
| list3 = [[How Do I Start Negotiations with My Spouse?|Start Negotiations with My Spouse?]]{{·}} [[How Do I Start Mediation with My Spouse?|Start Mediation with My Spouse?]]{{·}} [[How Do I Start a Collaborative Settlement Process with My Spouse?|Start a Collaborative Process with My Spouse?]]{{·}} [[How Do I Start Arbitration with My Spouse?|Start Arbitration with My Spouse?]]{{·}} [[How Do I Hire a Parenting Coordinator?|Hire a Parenting Coordinator?]]

| group4 = Agreements
| list4 = [[How Do I Execute a Family Law Agreement?|Execute a Family Law Agreement?]]{{·}} [[How Do I Change a Family Law Agreement?|Change a Family Law Agreement?]]{{·}} [[How Do I File an Agreement in Court?|File an Agreement in Court?]]

| group5 = Starting an Action
| list5 = [[How Do I Find My Ex?|Find My Ex?]]{{·}} [[How Do I Start a Family Law Action in the Provincial Court?|Start an Action in the Provincial Court?]]{{·}} [[How Do I Start a Family Law Action in the Supreme Court?|Start an Action in the Supreme Court?]]{{·}} [[How Do I Apply for Indigent Status in the Supreme Court?|Apply for Indigent Status in the Supreme Court?]]{{·}} [[How Do I Personally Serve Someone with Legal Documents?|Personally Serve Someone with Legal Documents?]]{{·}} [[How Do I Substitutionally Serve Someone with Legal Documents?|Substitutionally Serve Someone with Legal Documents?]] {{·}} [[How Do I Change Something in My Notice of Family Claim?|Change Something in My Notice of Family Claim?]]{{·}} [[How Do I Stop a Family Law Action in the Supreme Court?|Stop an Action in the Supreme Court?]]

| group6 = Defending an Action
| list6 = [[How Do I Respond to a Family Law Action in the Provincial Court?|Respond to an Action in the Provincial Court?]]{{·}} [[How Do I Respond to a Family Law Action in the Supreme Court?|Respond to an Action in the Supreme Court?]]{{·}} [[How Do I Apply for Indigent Status in the Supreme Court?|Apply for Indigent Status in the Supreme Court?]]{{·}} [[How Do I Change Something in My Response to Family Claim or Counterclaim?|Change Something in My Response to Family Claim or Counterclaim?]]{{·}} [[How Do I Stop Defending a Family Law Action in the Supreme Court?|Stop Defending an Action in the Supreme Court?]]

| group7 = Interim Applications
| list7 = [[How Do I Make an Interim Application in a Family Law Matter in the Provincial Court?|Make an Interim Application in the Provincial Court?]]{{·}} [[How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?|Make an Interim Application in the Supreme Court?]]{{·}} [[How Do I Reply to an Interim Application in a Family Law Matter in the Provincial Court?|Reply to an Interim Application in the Provincial Court?]]{{·}} [[How Do I Reply to an Interim Application in a Family Law Matter in the Supreme Court?|Reply to an Interim Application in the Supreme Court?]]

| group8 = Affidavits
| list8 = [[How Do I Prepare an Affidavit?|Prepare an Affidavit?]]{{·}} [[How Do I Prepare a Supplemental Affidavit?|Prepare a Supplemental Affidavit?]]{{·}} [[How Do I Fix an Error in an Affidavit or Add to an Affidavit?|Fix an Error in an Affidavit or Add to an Affidavit?]]

| group9 = Courtroom Protocol
| list9 = [[How Do I Address the Judge?|Address the Judge?]]{{·}} [[How Do I Address the Lawyer When I'm Representing Myself?|Address the Lawyer When I'm Representing Myself?]]{{·}} [[How Do I Conduct Myself in Court at an Application?|Conduct Myself in Court at an Application?]]

| group10 = Appealing a Decision
| list10 = [[How Do I Appeal a Provincial Court Decision?|Appeal a Provincial Court Decision?]]{{·}} [[How Do I Appeal an Interim Supreme Court Decision?|Appeal an Interim Supreme Court Decision?]]{{·}} [[How Do I Appeal a Final Supreme Court Decision?|Appeal a Final Supreme Court Decision?]]{{·}} [[How Do I Appeal a Court of Appeal Decision?|Appeal a Court of Appeal Decision?]]

| group11 = Other Litigation Issues
| list11 = [[How Do I Schedule a Family Case Conference for Hearing?|Schedule a Family Case Conference for Hearing?]]{{·}} [[How Do I Schedule a Judicial Case Conference for Hearing?|Schedule a Judicial Case Conference for Hearing?]]{{·}} [[How Do I Get a Needs of the Child Assessment?|Arrange a Needs of the Child Assessment?]]{{·}} [[How Do I Get a Views of the Child Report?|Arrange a Views of the Child Report?]]{{·}} [[How Do I Find an Order or Another Court Document?|Find an Order or Another Court Document?]]{{·}} [[How Do I Fix an Error in an Order?|Fix an Error in an Order?]]{{·}} [[How Do I Tell Everyone That I'm Representing Myself?|Tell Everyone That I'm Representing Myself?]]{{·}} [[How Do I Change My Address for Service?|Change My Address for Service?]]

| group12 = Miscellaneous
| list12 = [[How Do I Prepare for My First Meeting with a Lawyer?|Prepare for My First Meeting with a Lawyer?]]{{·}} [[How Do I Become a Lawyer?|Become a Lawyer?]]{{·}} [[How Do I Divide Our CPP Pensions after We're Divorced?|Divide Our CPP Pensions after We're Divorced?]]

}}

|group4= Forms and Documents
|state4 = {{#switch:{{{type}}} |collapsed=uncollapsed|started=collapsed|chapters=collapsed|how=collapsed|forms=uncollapsed}}
|abbr4 = forms
|list4={{Navbox subgroup
| group1 = Supreme Court
| list1 = [[Supreme Court Forms (Family Law)|Supreme Court Forms & Examples]]

| group2 =                                 Provincial Court
| list2 = [[Provincial Court Forms (Family Law)|Provincial Court Forms & Examples]]

| group3 = Family Law
| list3 = [[Other Forms and Documents (Family Law)|Other Forms & Documents]]

}}

}}

JP Boyd on Family Law — Helpful Guides and Common Questions

2016-02-11T19:45:30Z

Audrey Jun: /* Marriage, Separation & Divorce */

{{JP Boyd on Family Law How Do I TOC}}
This section of ''[[JP Boyd on Family Law]]'' explains common processes and procedures related to family law in British Columbia, from separating from your spouse to addressing the judge in court, and answers common questions about family law issues, such as how to find out if you're divorced and how to avoid paying child support.

The answers and explanations in this section are, of course, only general guides. For most problems, more detailed information can be found in the different [[JP Boyd on Family Law|chapters]] of this wikibook. The advice and assistance of a lawyer is always recommended, even if you're just hiring the lawyer to answer a few questions.

==How Do I?==
===Marriage, Separation & Divorce===
*[[How Do I Get Married in British Columbia?|Get Married in British Columbia?]]{{·}} [[How Do I Prepare for Separation?|Prepare for Separation?]]{{·}} [[How Do I Separate from My Spouse?|Separate from My Spouse?]]{{·}} [[How Do I Find Out if I'm Divorced?|Find Out if I'm Divorced?]]{{·}} [[How Do I Get Divorced|Get Divorced?]]{{·}} [[How Do I Get my Certificate of Divorce?|Get my Certificate of Divorce?]]

===Avoiding an Obligation===
*[[How Do I Get Out of Paying Child Support?|Get Out of Paying Child Support?]]{{·}} [[How Do I Get Out of Paying Spousal Support?|Get Out of Paying Spousal Support?]]{{·}} [[How Do I Get Out of Sharing My Assets?|Get Out of Sharing My Assets?]]

===Alternatives to Court===
*[[How Do I Start Negotiations with My Spouse?|Start Negotiations with My Spouse?]]{{·}} [[How Do I Start Mediation with My Spouse?|Start Mediation with My Spouse?]]{{·}} [[How Do I Start a Collaborative Settlement Process with My Spouse?|Start a Collaborative Process with My Spouse?]]{{·}} [[How Do I Start Arbitration with My Spouse?|Start Arbitration with My Spouse?]]{{·}} [[How Do I Hire a Parenting Coordinator?|Hire a Parenting Coordinator?]]

===Family Law Agreements===
*[[How Do I Execute a Family Law Agreement?|Execute a Family Law Agreement?]]{{·}} [[How Do I Change a Family Law Agreement?|Change a Family Law Agreement?]]{{·}} [[How Do I File an Agreement in Court?|File an Agreement in Court?]]

===Starting an Action===
*[[How Do I Find My Ex?|Find My Ex?]]{{·}} [[How Do I Start a Family Law Action in the Provincial Court?|Start an Action in the Provincial Court?]]{{·}} [[How Do I Start a Family Law Action in the Supreme Court?|Start an Action in the Supreme Court?]]{{·}} [[How Do I Apply for Indigent Status in the Supreme Court?|Apply for Indigent Status in the Supreme Court?]]{{·}} [[How Do I Personally Serve Someone with Legal Documents?|Personally Serve Someone with Legal Documents?]]{{·}} [[How Do I Substitutionally Serve Someone with Legal Documents?|Substitutionally Serve Someone with Legal Documents?]] {{·}} [[How Do I Change Something in My Notice of Family Claim?|Change Something in My Notice of Family Claim?]]{{·}} [[How Do I Stop a Family Law Action in the Supreme Court?|Stop an Action in the Supreme Court?]]

===Defending an Action===
*[[How Do I Respond to a Family Law Action in the Provincial Court?|Respond to an Action in the Provincial Court?]]{{·}} [[How Do I Respond to a Family Law Action in the Supreme Court?|Respond to an Action in the Supreme Court?]]{{·}} [[How Do I Apply for Indigent Status in the Supreme Court?|Apply for Indigent Status in the Supreme Court?]]{{·}} [[How Do I Change Something in My Response to Family Claim or Counterclaim?|Change Something in My Response to Family Claim or Counterclaim?]]{{·}} [[How Do I Stop Defending a Family Law Action in the Supreme Court?|Stop Defending an Action in the Supreme Court?]]

===Interim Applications===
*[[How Do I Make an Interim Application in a Family Law Matter in the Provincial Court?|Make an Interim Application in the Provincial Court?]]{{·}} [[How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?|Make an Interim Application in the Supreme Court?]]{{·}} [[How Do I Reply to an Interim Application in a Family Law Matter in the Provincial Court?|Reply to an Interim Application in the Provincial Court?]]{{·}} [[How Do I Reply to an Interim Application in a Family Law Matter in the Supreme Court?|Reply to an Interim Application in the Supreme Court?]]

===Affidavits===
*[[How Do I Prepare an Affidavit?|Prepare an Affidavit?]]{{·}} [[How Do I Prepare a Supplemental Affidavit?|Prepare a Supplemental Affidavit?]]{{·}} [[How Do I Fix an Error in an Affidavit or Add to an Affidavit?|Fix an Error in an Affidavit or Add to an Affidavit?]]

===Courtroom Protocol===
*[[How Do I Address the Judge?|Address the Judge?]]{{·}} [[How Do I Address the Lawyer When I'm Representing Myself?|Address the Lawyer When I'm Representing Myself?]]{{·}} [[How Do I Conduct Myself in Court at an Application?|Conduct Myself in Court at an Application?]]

===Appealing a Decision===
*[[How Do I Appeal a Provincial Court Decision?|Appeal a Provincial Court Decision?]]{{·}} [[How Do I Appeal an Interim Supreme Court Decision?|Appeal an Interim Supreme Court Decision?]]{{·}} [[How Do I Appeal a Final Supreme Court Decision?|Appeal a Final Supreme Court Decision?]]{{·}} [[How Do I Appeal a Court of Appeal Decision?|Appeal a Court of Appeal Decision?]]

===Other Litigation Issues===
*[[How Do I Schedule a Family Case Conference for Hearing?|Schedule a Family Case Conference for Hearing?]]{{·}} [[How Do I Schedule a Judicial Case Conference for Hearing?|Schedule a Judicial Case Conference for Hearing?]]{{·}} [[How Do I Get a Needs of the Child Assessment?|Arrange a Needs of the Child Assessment?]]{{·}} [[How Do I Get a Views of the Child Report?|Arrange a Views of the Child Report?]]{{·}} [[How Do I Find an Order or Another Court Document?|Find an Order or Another Court Document?]]{{·}} [[How Do I Fix an Error in an Order?|Fix an Error in an Order?]]{{·}} [[How Do I Tell Everyone That I'm Representing Myself?|Tell Everyone That I'm Representing Myself?]]{{·}} [[How Do I Change My Address for Service?|Change My Address for Service?]]

===Miscellaneous===
*[[How Do I Prepare for My First Meeting with a Lawyer?|Prepare for My First Meeting with a Lawyer?]]{{·}} [[How Do I Become a Lawyer?|Become a Lawyer?]]{{·}} [[How Do I Divide Our CPP Pensions after We're Divorced?|Divide Our CPP Pensions after We're Divorced?]]

__NOGLOSSARY__
[[Category:Navigation Page]]
[[Category:JP Boyd on Family Law]]

Template:JP Boyd on Family Law How Do I TOC

2016-02-11T19:41:47Z

Audrey Jun:

{{Sidebar with collapsible lists
|name = JP Boyd on Family Law How Do I TOC
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|topimage =
|pretitle =
|title = [[JP Boyd on Family Law]]
|image = [[image:jpboydcover.png|70px|left|link=JP Boyd on Family Law‎|alt=JP Boyd on Family Law]]This page is from the Clicklaw Wikibook '''''JP Boyd on Family Law'''''. See the [[JP Boyd on Family Law|full contents]] and the [[:Category:JP Boyd on Family Law Contributors|list of contributors]].
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|heading1 = Getting Started
|content1 = [[Introduction to JP Boyd on Family Law|Introduction]]{{·}} [[Family Law in British Columbia]] [[Terminology|Definitions]]{{·}} [[Legislation in Family Matters|Family Law Legislation]] [[Divorce Act Basics|''Divorce Act'' Basics]]{{·}} [[Family Law Act Basics|''Family Law Act'' Basics]]

|heading2 = [[JP Boyd on Family Law|Chapters]]
| list2name = chapters
| list2title = Chapter Titles
| list2 =
{{·}}[[Introduction to the Legal System for Family Matters|The Legal System]]

{{·}}[[Resolving Family Law Problems out of Court|Resolving Problems out of Court]]

{{·}}[[Resolving Family Law Problems in Court|Resolving Problems in Court]]

{{·}}[[Family Law Agreements]]

{{·}}[[Children in Family Law Matters|Children]]

{{·}}[[Child Support]]

{{·}}[[Spousal Support]]

{{·}}[[Property & Debt in Family Law Matters|Property & Debt]]

{{·}}[[Family Relationships]]

{{·}}[[Separation & Divorce]]

{{·}}[[Specific Communities and Family Law|Specific Communities]]

{{·}}[[Family Violence]]

{{·}}[[Overlapping Legal Issues and Family Law|Overlapping Issues]]

|heading3 =[[JP Boyd on Family Law — How Do I?|How Do I?]]
| list3name = marriage
| list3title = Marriage, Separation & Divorce
| list3 =
{{·}}[[How Do I Get Married in British Columbia?|Get Married in BC?]]

{{·}}[[How Do I Prepare for Separation?|Prepare for Separation?]]

{{·}}[[How Do I Separate from My Spouse?|Separate from My Spouse?]]

{{·}}[[How Do I Find Out if I'm Divorced?|Find Out if I'm Divorced?]]

{{·}}[[How Do I Get Divorced|Get Divorced?]]

{{·}}[[How Do I Get my Certificate of Divorce?|Get my Certificate of Divorce?]]

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| list4title = Avoiding an Obligation
| list4 =
{{·}}[[How Do I Get Out of Paying Child Support?|Get Out of Paying Child Support?]]

{{·}}[[How Do I Get Out of Paying Spousal Support?|Get Out of Paying Spousal Support?]]

{{·}}[[How Do I Get Out of Sharing My Assets?|Get Out of Sharing My Assets?]]

| list5name = alternatives
| list5title = Alternatives to Court
| list5 =
{{·}}[[How Do I Start Negotiations with My Spouse?|Start Negotiations?]]

{{·}}[[How Do I Start Mediation with My Spouse?|Start Mediation?]]

{{·}}[[How Do I Start a Collaborative Settlement Process with My Spouse?|Start a Collaborative Process?]]

{{·}}[[How Do I Start Arbitration with My Spouse?|Start Arbitration?]]

{{·}}[[How Do I Hire a Parenting Coordinator?|Hire a Parenting Coordinator?]]

| list6name = agreements
| list6title = Family Law Agreements
| list6 =
{{·}}[[How Do I Execute a Family Law Agreement?|Execute a Family Law Agreement?]]

{{·}}[[How Do I Change a Family Law Agreement?|Change a Family Law Agreement?]]

{{·}}[[How Do I File an Agreement in Court?|File an Agreement in Court?]]

| list7name = starting
| list7title = Starting an Action
| list7 =
{{·}}[[How Do I Find My Ex?|Find My Ex?]]

{{·}}[[How Do I Start a Family Law Action in the Provincial Court?|Start an Action in Provincial Court?]]

{{·}}[[How Do I Start a Family Law Action in the Supreme Court?|Start an Action in Supreme Court?]]

{{·}}[[How Do I Apply for Indigent Status in the Supreme Court?|Apply for Indigent Status?]]

{{·}}[[How Do I Personally Serve Someone with Legal Documents?|Personally Serve Someone?]]

{{·}}[[How Do I Substitutionally Serve Someone with Legal Documents?|Substitutionally Serve Someone?]]

{{·}}[[How Do I Change Something in My Notice of Family Claim?|Change Something in My Family Claim?]]

{{·}}[[How Do I Stop a Family Law Action in the Supreme Court?|Stop an Action in Supreme Court?]]

| list8name = defending
| list8title = Defending an Action
| list8 =
{{·}}[[How Do I Respond to a Family Law Action in the Provincial Court?|Respond in Provincial Court?]]

{{·}}[[How Do I Respond to a Family Law Action in the Supreme Court?|Respond in Supreme Court?]]

{{·}}[[How Do I Apply for Indigent Status in the Supreme Court?|Apply for Indigent Status?]]

{{·}}[[How Do I Change Something in My Response to Family Claim or Counterclaim?|Change Something in My Response?]]

{{·}}[[How Do I Stop Defending a Family Law Action in the Supreme Court?|Stop Defending in Supreme Court?]]

| list9name = interim
| list9title = Interim Applications
| list9 =
{{·}}[[How Do I Make an Interim Application in a Family Law Matter in the Provincial Court?|Make Applications in Provincial Court?]]

{{·}}[[How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?|Make Applications in Supreme Court?]]

{{·}}[[How Do I Reply to an Interim Application in a Family Law Matter in the Provincial Court?|Reply to Applications in Provincial Court?]]

{{·}}[[How Do I Reply to an Interim Application in a Family Law Matter in the Supreme Court?|Reply to Applications in Supreme Court?]]

| list10name = affidavits
| list10title = Affidavits
| list10 =
{{·}}[[How Do I Prepare an Affidavit?|Prepare an Affidavit?]]

{{·}}[[How Do I Prepare a Supplemental Affidavit?|Prepare a Supplemental Affidavit?]]

{{·}}[[How Do I Fix an Error in an Affidavit or Add to an Affidavit?|Fix or Add to an Affidavit?]]

| list11name = protocol
| list11title = Courtroom Protocol
| list11 =
{{·}}[[How Do I Address the Judge?|Address the Judge?]]

{{·}}[[How Do I Address the Lawyer When I'm Representing Myself?|Address the Lawyer in Court?]]

{{·}}[[How Do I Conduct Myself in Court at an Application?|Conduct Myself in Court?]]

| list12name = appeals
| list12title = Appealing a Decision
| list12 =
{{·}}[[How Do I Appeal a Provincial Court Decision?|Appeal a Provincial Court Decision?]]

{{·}}[[How Do I Appeal an Interim Supreme Court Decision?|Appeal an Interim Supreme Court Decision?]]

{{·}}[[How Do I Appeal a Final Supreme Court Decision?|Appeal a Final Supreme Court Decision?]]

{{·}}[[How Do I Appeal a Court of Appeal Decision?|Appeal a Court of Appeal Decision?]]

| list13name = other
| list13title = Other Litigation Issues
| list13 =
{{·}}[[How Do I Schedule a Family Case Conference for Hearing?|Schedule a Family Case Conference?]]

{{·}}[[How Do I Schedule a Judicial Case Conference for Hearing?|Schedule a Judicial Case Conference?]]

{{·}}[[How Do I Get a Needs of the Child Assessment?|Get a Needs of the Child Assessment?]]

{{·}}[[How Do I Get a Views of the Child Report?|Get a Views of the Child Report?]]

{{·}}[[How Do I Find an Order or Another Court Document?|Find a Court Document?]]

{{·}}[[How Do I Fix an Error in an Order?|Fix an Error in an Order?]]

{{·}}[[How Do I Tell Everyone That I'm Representing Myself?|Say That I'm Representing Myself?]]

{{·}}[[How Do I Change My Address for Service?|Change My Address for Service?]]

| list14name = miscellaneous
| list14title = Miscellaneous
| list14 =
{{·}}[[How Do I Prepare for My First Meeting with a Lawyer?|Prepare for Meeting with a Lawyer?]]

{{·}} [[How Do I Become a Lawyer?|Become a Lawyer?]]

{{·}} [[How Do I Divide Our CPP Pensions after We're Divorced?|Divide Our CPP Pensions?]]

|heading15 = Court Forms & Documents
|content15 = Supreme Court: [[Supreme Court Forms (Family Law)|Forms & Examples]] Provincial Court: [[Provincial Court Forms (Family Law)|Forms & Examples]] [[Other Forms and Documents (Family Law)|Other Family Law Forms & Documents]]
}}

Template:JP Boyd on Family Law Navbox

2016-02-11T19:38:47Z

Audrey Jun:

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|list1={{Navbox subgroup
| group1 =
| list1 = [[Introduction to JP Boyd on Family Law|Introduction]]{{·}} [[Family Law in British Columbia]]{{·}} [[Terminology|Definitions]]{{·}} [[Legislation in Family Matters|Family Law Legislation]]{{·}} [[Divorce Act Basics|''Divorce Act'' Basics]]{{·}} [[Family Law Act Basics|''Family Law Act'' Basics]]

}}

|group2= Chapters
|state2 = {{#switch:{{{type}}} |collapsed=uncollapsed|started=collapsed|chapters=uncollapsed|how=collapsed|forms=collapsed}}
|abbr2 = chapters
|list2={{Navbox subgroup

| group1 = [[Introduction to the Legal System for Family Matters|The Legal System]]
| list1 = [[The Court System for Family Matters|The Court System]]{{·}} [[The Law for Family Matters|The Law]]{{·}} [[You & Your Lawyer]]

| group2 =  [[Resolving Family Law Problems out of Court|Resolving Problems out of Court]]
| list2 = [[Collaborative Processes]]{{·}} [[Family Law Mediation|Mediation]]{{·}} [[Family Law Arbitration|Arbitration]]{{·}} [[Parenting Coordination]]

| group3 = [[Resolving Family Law Problems in Court|Resolving Problems in Court]]
| list3 = [[Starting a Court Proceeding in a Family Matter|Starting a Court Proceeding]]{{·}} [[Replying to a Court Proceeding in a Family Matter|Replying to a Court Proceeding]]{{·}} [[Case Conferences in a Family Law Matter|Case Conferences]]{{·}} [[Interim Applications in Family Matters|Interim Applications]]{{·}} [[Enforcing Orders in Family Matters|Enforcing Orders]]{{·}} [[Changing Final Orders in Family Matters|Changing Final Orders]]

| group4 = [[Family Law Agreements]]
| list4 = [[Cohabitation Agreements]]{{·}} [[Marriage Agreements]]{{·}} [[Separation Agreements]]{{·}} [[Enforcing Family Law Agreements|Enforcing Agreements]]{{·}} [[Changing Family Law Agreements|Changing Agreements]]

| group5 = [[Children in Family Law Matters|Children]]
| list5 = [[Parenting after Separation]]{{·}} [[Guardianship, Parenting Arrangements and Contact|Guardianship, Parenting Arrangements & Contact]]{{·}} [[Custody and Access|Custody & Access]]{{·}} [[Changing Family Law Orders and Agreements Involving Children|Making Changes]]{{·}} [[Estrangement and Alienation|Estrangement & Alienation]]

| group6 = [[Child Support]]
| list6 = [[Child Support Guidelines|The Guidelines]]{{·}} [[Exceptions to the Child Support Guidelines|Exception to the Guidelines]]{{·}} [[Making Changes to Child Support|Making Changes]]{{·}} [[Child Support Arrears|Arrears of Support]]

| group7 = [[Spousal Support]]
| list7 = [[Basic Principles of Spousal Support|Basic Principles]]{{·}} [[The Spousal Support Advisory Guidelines|The Advisory Guidelines]]{{·}} [[Making Changes to Spousal Support|Making Changes]]{{·}} [[Spousal Support Arrears|Arrears of Support]]

| group8 = [[Property & Debt in Family Law Matters|Property & Debt]]
| list8 = [[Basic Principles of Property & Debt in Family Law|Basic Principles]]{{·}} [[Protecting Property & Debt in Family Law Matters|Protecting Property & Debt]]{{·}} [[Dividing Property & Debt in Family Law Matters|Dividing Property & Debt]]

| group9 = [[Family Relationships]]
| list9 = [[Marriage & Married Spouses]]{{·}} [[Unmarried Spouses]]{{·}} [[Other Unmarried Relationships]]{{·}} [[Children's Caregivers and Extended Family|Children's Caregivers & Extended Family]]{{·}} [[Adoption]]{{·}} [[Parentage and Assisted Reproduction|Parentage & Assisted Reproduction]]

| group10 = [[Separation & Divorce]]
| list10 = [[Separation]]{{·}} [[Separating Emotionally]]{{·}} [[Divorce]]

| group11 = [[Specific Communities and Family Law|Specific Communities]]
| list11 = [[Aboriginal Family Law Issues|Aboriginals]]{{·}} [[Immigrants and Family Law|Immigrants]]{{·}} [[Same-Sex Relationships and Issues Affecting Transgendered and Transsexual People|LGBT]]

| group12 = [[Family Violence]]
| list12 = [[Family Violence]]

| group13 = [[Overlapping Legal Issues and Family Law|Overlapping Legal Issues]]
| list13 = [[Naming and Changes of Name|Naming & Changes of Name]]

}}

|group3= [[JP Boyd on Family Law — How Do I?|How Do I?]]
|state3 = {{#switch:{{{type}}}|collapsed=collapsed|started=collapsed|chapters=collapsed|how=uncollapsed|forms=collapsed}}
|abbr3 = how
|list3={{Navbox subgroup
| group1 =    Marriage, Separation & Divorce
| list1 = [[How Do I Get Married in British Columbia?|Get Married in British Columbia?]]{{·}} [[How Do I Prepare for Separation?|Prepare for Separation?]]{{·}} [[How Do I Separate from My Spouse?|Separate from My Spouse?]]{{·}} [[How Do I Find Out if I'm Divorced?|Find Out if I'm Divorced?]]{{·}} [[How Do I Get Divorced|Get Divorced?]]{{·}} [[How Do I Get my Certificate of Divorce?|Get my Certificate of Divorce?]]

| group2 = Avoiding an Obligation
| list2 = [[How Do I Get Out of Paying Child Support?|Get Out of Paying Child Support?]]{{·}} [[How Do I Get Out of Paying Spousal Support?|Get Out of Paying Spousal Support?]]{{·}} [[How Do I Get Out of Sharing My Assets?|Get Out of Sharing My Assets?]]

| group3 = Alternatives to Court
| list3 = [[How Do I Start Negotiations with My Spouse?|Start Negotiations with My Spouse?]]{{·}} [[How Do I Start Mediation with My Spouse?|Start Mediation with My Spouse?]]{{·}} [[How Do I Start a Collaborative Settlement Process with My Spouse?|Start a Collaborative Process with My Spouse?]]{{·}} [[How Do I Start Arbitration with My Spouse?|Start Arbitration with My Spouse?]]{{·}} [[How Do I Hire a Parenting Coordinator?|Hire a Parenting Coordinator?]]

| group4 = Agreements
| list4 = [[How Do I Execute a Family Law Agreement?|Execute a Family Law Agreement?]]{{·}} [[How Do I Change a Family Law Agreement?|Change a Family Law Agreement?]]{{·}} [[How Do I File an Agreement in Court?|File an Agreement in Court?]]

| group5 = Starting an Action
| list5 = [[How Do I Find My Ex?|Find My Ex?]]{{·}} [[How Do I Start a Family Law Action in the Provincial Court?|Start an Action in the Provincial Court?]]{{·}} [[How Do I Start a Family Law Action in the Supreme Court?|Start an Action in the Supreme Court?]]{{·}} [[How Do I Apply for Indigent Status in the Supreme Court?|Apply for Indigent Status in the Supreme Court?]]{{·}} [[How Do I Personally Serve Someone with Legal Documents?|Personally Serve Someone with Legal Documents?]]{{·}} [[How Do I Substitutionally Serve Someone with Legal Documents?|Substitutionally Serve Someone with Legal Documents?]] {{·}} [[How Do I Change Something in My Notice of Family Claim?|Change Something in My Notice of Family Claim?]]{{·}} [[How Do I Stop a Family Law Action in the Supreme Court?|Stop an Action in the Supreme Court?]]

| group6 = Defending an Action
| list6 = [[How Do I Respond to a Family Law Action in the Provincial Court?|Respond to an Action in the Provincial Court?]]{{·}} [[How Do I Respond to a Family Law Action in the Supreme Court?|Respond to an Action in the Supreme Court?]]{{·}} [[How Do I Apply for Indigent Status in the Supreme Court?|Apply for Indigent Status in the Supreme Court?]]{{·}} [[How Do I Change Something in My Response to Family Claim or Counterclaim?|Change Something in My Response to Family Claim or Counterclaim?]]{{·}} [[How Do I Stop Defending a Family Law Action in the Supreme Court?|Stop Defending an Action in the Supreme Court?]]

| group7 = Interim Applications
| list7 = [[How Do I Make an Interim Application in a Family Law Matter in the Provincial Court?|Make an Interim Application in the Provincial Court?]]{{·}} [[How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?|Make an Interim Application in the Supreme Court?]]{{·}} [[How Do I Reply to an Interim Application in a Family Law Matter in the Provincial Court?|Reply to an Interim Application in the Provincial Court?]]{{·}} [[How Do I Reply to an Interim Application in a Family Law Matter in the Supreme Court?|Reply to an Interim Application in the Supreme Court?]]

| group8 = Affidavits
| list8 = [[How Do I Prepare an Affidavit?|Prepare an Affidavit?]]{{·}} [[How Do I Prepare a Supplemental Affidavit?|Prepare a Supplemental Affidavit?]]{{·}} [[How Do I Fix an Error in an Affidavit or Add to an Affidavit?|Fix an Error in an Affidavit or Add to an Affidavit?]]

| group9 = Courtroom Protocol
| list9 = [[How Do I Address the Judge?|Address the Judge?]]{{·}} [[How Do I Address the Lawyer When I'm Representing Myself?|Address the Lawyer When I'm Representing Myself?]]{{·}} [[How Do I Conduct Myself in Court at an Application?|Conduct Myself in Court at an Application?]]

| group10 = Appealing a Decision
| list10 = [[How Do I Appeal a Provincial Court Decision?|Appeal a Provincial Court Decision?]]{{·}} [[How Do I Appeal an Interim Supreme Court Decision?|Appeal an Interim Supreme Court Decision?]]{{·}} [[How Do I Appeal a Final Supreme Court Decision?|Appeal a Final Supreme Court Decision?]]{{·}} [[How Do I Appeal a Court of Appeal Decision?|Appeal a Court of Appeal Decision?]]

| group11 = Other Litigation Issues
| list11 = [[How Do I Schedule a Family Case Conference for Hearing?|Schedule a Family Case Conference for Hearing?]]{{·}} [[How Do I Schedule a Judicial Case Conference for Hearing?|Schedule a Judicial Case Conference for Hearing?]]{{·}} [[How Do I Get a Needs of the Child Assessment?|Arrange a Needs of the Child Assessment?]]{{·}} [[How Do I Get a Views of the Child Report?|Arrange a Views of the Child Report?]]{{·}} [[How Do I Find an Order or Another Court Document?|Find an Order or Another Court Document?]]{{·}} [[How Do I Fix an Error in an Order?|Fix an Error in an Order?]]{{·}} [[How Do I Tell Everyone That I'm Representing Myself?|Tell Everyone That I'm Representing Myself?]]{{·}} [[How Do I Change My Address for Service?|Change My Address for Service?]]

| group12 = Miscellaneous
| list12 = [[How Do I Prepare for My First Meeting with a Lawyer?|Prepare for My First Meeting with a Lawyer?]]{{·}} [[How Do I Become a Lawyer?|Become a Lawyer?]]{{·}} [[How Do I Divide Our CPP Pensions after We're Divorced?|Divide Our CPP Pensions after We're Divorced?]]

}}

|group4= Forms and Documents
|state4 = {{#switch:{{{type}}} |collapsed=uncollapsed|started=collapsed|chapters=collapsed|how=collapsed|forms=uncollapsed}}
|abbr4 = forms
|list4={{Navbox subgroup
| group1 = Supreme Court
| list1 = [[Supreme Court Forms (Family Law)|Supreme Court Forms & Examples]]

| group2 =                                 Provincial Court
| list2 = [[Provincial Court Forms (Family Law)|Provincial Court Forms & Examples]]

| group3 = Family Law
| list3 = [[Other Forms and Documents (Family Law)|Other Forms & Documents]]

}}

}}

Divorce and the Law on Getting Divorced

2016-02-11T19:37:10Z

Audrey Jun: /* Certificate of divorce */

{{JP Boyd on Family Law TOC|expanded = separation}}{{JPBOFL Editor Badge
|ChapterEditors = [[Vanessa Van Sickle]] and [[Thomas Wallwork]]
}}
{{LSSbadge
| resourcetype = more information on
| link = [http://www.familylaw.lss.bc.ca/resources/fact_sheets/divorce.php Divorce]
}}Divorce is the legal termination of a marriage by an order of the court. Without this order, a couple will remain married to each other no matter how long they've been separated. Although a divorce order represents the formal conclusion of a marriage, where children are involved or one spouse is financially dependent on the other, issues about the payment of support and the care of the children will continue.

This section provides an overview of the grounds for divorce, and discusses the nature of a divorce order and the effect of foreign divorce orders in Canada. It also reviews the do-it-yourself divorce process, and the court forms used in that process, in enough detail that you can get your own divorce without having to hire a lawyer.

The criteria that must be met to obtain an annulment ― which is different than a divorce order and isn't nearly as simple and straightforward as most people think ― are discussed in the chapter [[Family Relationships]] within the section [[Marriage & Married Spouses]].

==Preconditions for applying for a divorce in BC==

If you want to get a divorce in BC, you must first satisfy three conditions:

#You must be legally married. If your marriage was legally valid in the place you got married, it counts as a legal marriage in BC. To prove you were legally married you will need to provide a marriage certificate issued in the country where you were married. If you can't get a marriage certificate, you'll need to find witnesses who saw you get married. These witnesses will need to either testify or swear an affidavit saying that they saw you get married.
#Generally, you or your spouse must live in BC and have lived here for at least a year. The one exception to this rule is if you were married in BC, and you lived somewhere in the last year that wouldn't let you get divorced. If you take advantage of this exception, you can only get a divorce in BC. Claims about children, property division, and child and spousal support must be dealt with where you and your spouse live.
#You must prove that you have been separated from your spouse for a year, or that your spouse treated you cruelly, or that your spouse had sex with someone else.

==The grounds for divorce==

Under the federal ''[[Divorce Act]]'' there is really only one reason why you can apply for a divorce order, ''marriage breakdown''. Under s. 8 of the act, there are three reasons why marriage breakdown may have occurred:

#the intentional separation of the spouses for at least one year;
#the adultery of a spouse; and,
#one spouse's treatment of the other with such mental or physical cruelty that it is impossible to continue the marriage.

In Canada, all divorces proceed on a no-fault basis, regardless of the ground of divorce relied upon. ''No-fault'', in this context, means that the reasons for marriage breakdown have nothing at all to do with the court's consideration of issues like custody and support. No matter how upset someone is by a spouse's misbehaviour, it will have no impact on how the legal issues are addressed.

Most divorces are based on separation. The only advantage of seeking a divorce based on cruelty or adultery is that the divorce is available relatively quickly; you needn't wait for a year's worth of separation to pass before you are eligible for the order. However, while you are eligible to begin divorce proceedings as soon as you learn of the adultery or experience the cruelty, you must be able to prove that the other spouse committed the wrongful behaviour you allege.

As you can imagine, few people are prepared to admit that they committed adultery or battered their spouse, and as a result divorces based on these grounds rarely proceed smoothly. In fact, where a court action has dragged on long enough so that more than a year has passed since the parties separated before the matter finally comes to court, some judges will refuse to hear any evidence of the wrongful behaviour and will grant the divorce instead on the basis of the parties' separation.

===Separation===

To obtain a divorce based on separation for a period of at least one year, you and your spouse must have lived separate and apart for that year. The period of living separate and apart can pass while living under the same roof, however the marital qualities of your relationship with your spouse must have ended.

The ''Divorce Act'' provides that a couple can attempt to reconcile and resume married life for up to 90 days during this one-year period. If the couple live together for a total period of more than 90 days with the intention of getting back together, the clock resets and a new one-year period will not start running until after the couple separates again.

===Adultery===

A spouse who is claiming that the other spouse is guilty of adultery must prove this claim in court. Before the court will pronounce the order for divorce, the court must also be satisfied that the party making the claim has not ''condoned'' the adultery or ''connived'' to effect the adultery. If the court is not satisfied, it will not grant the divorce.

Proof of adultery normally consists of an affidavit from either your spouse or the person with whom your spouse committed the adulterous act, admitting to the adultery. You cannot seek a divorce based on your own adulterous conduct.

Many people will have seen the movie "Intolerable Cruelty," which lays a great deal of emphasis on the punitive consequences of adultery, and suggests that spouses caught with their pants down are going to lose everything they have. That might be true in the US, but it certainly isn't true in Canada. In Canada, there are no consequences for marital offences of that nature: you won't lose your house, you won't lose the children, and you won't find yourself living in a cardboard box. Adultery, while relevant as a ground of divorce, plays no role in the court's determination of these other issues.

===Cruelty===

A spouse who claims that the other spouse is guilty of cruelty must prove his or her claim in court. Cruelty can consist of physical abuse or mental abuse, and may also give rise to a claim for an award of damages as a result of the cruelty. Before the court will pronounce the divorce order, it must be satisfied that the party making the claim has not ''condoned'' the cruelty.

Proof of cruelty normally consists of a medical, psychological or psychiatric report, or, in some circumstances, a simple letter from a treating professional describing the abuse.

===Conspiracy, connivance and condonation===

If a court finds that there has been conspiracy, connivance, or condonation in the application for the divorce order, the court will not grant the order. The point of this is to ensure that a couple are not attempting to escape the requirements of the ''Divorce Act'' and cheat the court to get a quick divorce.

If there has been ''condonation'', the marital offence used to found the divorce claim, adultery or cruelty, has been forgiven. If the act has been forgiven, the court cannot pronounce a divorce order since the marital relationship hasn't broken down.

''Conspiracy'' and ''connivance'' are both attempts to cheat the court. A relationship must have legitimately broken down before the court will officially dissolve it; anything else would be a fraud upon the court. ''Conspiracy'' means that the spouses have worked together to achieve the wrongful act providing the ground for divorce. This could mean, for example, an agreement between the spouses for one of them to have sex with someone else in order to claim adultery as a ground of divorce. ''Connivance'' means to arrange for the wrongful act to occur. For example, this could include one spouse arranging for the other to be seduced by someone else in order to claim adultery as a ground of divorce.

===Child support===

The court is required, under s. 11(1)(b) of the ''Divorce Act'', to satisfy itself that "reasonable arrangements" have been made for the support of the children before it can grant an order for divorce. As you might expect, a ''reasonable arrangement'' usually means that child support is being paid according to the [[Child Support Guidelines]]. If you have children, you will have to prove that the children are being provided for as the Guidelines require before you can get a divorce. Remember that under the Guidelines, the table amount of child support payable for incomes of less than $10,800 per year is zero.

The only possible exception to this rule would be if the parent to whom child support is payable cannot be found, and the child support payments therefore cannot be paid. In such circumstances the court may make a divorce order that doesn't refer to child support, or it may make an order that merely refers to the payor's obligation to pay child support without fixing an amount payable.

==The divorce order==

In order to get a divorce order, the court must be satisfied that:

*the marriage legally exists,
*at least one of the parties has been ordinarily resident in British Columbia for at least one year before the proceeding began, or one of the parties lived somewhere in the last year that would not permit the divorce because the marriage was not recognized there,
*the ground on which marriage breakdown in claimed has been proven, and,
*if there are children, an adequate amount of child support is being paid.

It is possible to oppose an application for a divorce order. Practically speaking, however, by the time the application gets before a judge, the responding party has usually come to realize that a divorce is inevitable. If the court is satisfied that the applicant is entitled to his or her order because the grounds for the divorce have been proven, the divorce is usually granted despite any objections by the other spouse.

===Corollary relief===

An order for divorce can be made on its own or together with ''corollary relief''. Typical orders for corollary relief include orders about the care of children, child support, and spousal support.

Divorce orders are usually made after all of the corollary issues, if any, have been dealt with, either as a result of a trial or a settlement reached following negotiations. The court will be reluctant to make a divorce order until all of the legal issues have been addressed.

===The appeal period===

Orders for divorce usually contain a term that "this order shall not take effect until the 31st day after its pronouncement." This is to allow the appeal period to expire. Once those 31 days have passed, however, the parties are officially divorced and are free to remarry if they wish.

It is possible to abridge this appeal period, if the divorce must take effect sooner for some urgent reason such as remarriage. If this is the case, you should advise the court of the need for haste, and a waiver of appeal will have to be filed.

===Certificate of divorce===

Once the appeal period has expired, either party may apply to the court, for a small filing fee, for a Certificate of Divorce. This is, strictly speaking, unnecessary, as the order is itself sufficient proof of divorce. Nevertheless, people often want this certificate to obtain a sense of closure, or because they expect to marry within the next couple of years, or because they may wish to prove they are divorced without having to disclose the other terms of their divorce order. Most family law lawyers take care to prepare Certificates of Divorce nicely in a format suitable for framing. For an overview of this process, go to the How Do I? section of this resource and read [[How Do I Get my Certificate of Divorce%3F]] It's located under Marriage, Separation & Divorce.

==Foreign divorce orders==

Section 22(1) of the ''Divorce Act'' deals with the effect in Canada of divorces obtained outside Canada. In a nutshell, if a divorce was properly granted by the foreign country the parties will also be considered to be divorced here, without the need to obtain a Canadian divorce order.

Of course, there is a small catch. Either spouse must have been "ordinarily resident" in the country in which the divorce was obtained for at least one year before the divorce proceedings started. In other words, if you've lived in Sri Lanka for less than a year before you started your application for divorce, your divorce may not be recognized in Canada even though it's perfectly good in Sri Lanka. As long as you had lived in Sri Lanka for more than one year before you started your application, your divorce there will be valid in Canada.

Even if a foreign divorce isn't good under Canadian law, everyone will usually accept the fact that the spouse is divorced. Whether the divorce meets Canadian requirements will only ever become an issue if one of the spouses later claims that the divorce is not valid. This can have some fairly serious consequences, mostly involving the division of property and pensions. You can find more information about the property entitlements of married spouses in the chapter [[Property & Debt in Family Law Matters|Property & Debt]], in the section [[Dividing Property & Debt in Family Law Matters|Dividing Property & Debt]].

==The do-it-yourself divorce==

The only way to obtain an order for divorce is by starting a court proceeding; you must sue your spouse if you want to get divorced. The do-it-yourself process, called the ''desk order divorce process'', allows you to obtain a final order for divorce without ever having to appear in court, and the order can deal with all of the issues between you and your spouse, from divorce to the division of property to child support.

You can get your divorce yourself using the desk order divorce process, without having to retain a lawyer. While some of the court forms can be a bit daunting, there are plenty of resources, such as this website, that can help you unravel the mysteries and complete the process on your own.

Generally speaking, a desk order divorce is appropriate in two situations:

#when the only issue between you and your spouse is getting a divorce; or,
#when you have other issues, but those have been settled, either through a separation agreement or an agreement about the terms of a consent order.

In the first case, a desk order application will be for a divorce alone. In the second case, a desk order application will be an application for a divorce plus ''corollary relief'', that is, orders apart from the divorce order itself, such as orders dealing with care of children, support, or the division of assets.

Most court proceedings go like this: the claimant files a Notice of Family Claim and serves it on the respondent; the respondent then files a Response to Family Claim and sometimes a Counterclaim. If the respondent fails to file a Response to Family Claim, the claimant's court proceeding is said to be ''uncontested''. This means that the respondent is assumed to either agree with the relief sought by the claimant or to have chosen not to defend the claim. In such circumstances, the claimant is free to seek a ''default judgment'' against the respondent.

A desk order divorce application is essentially an application for a default judgment, whether the claimant's court proceeding is for a divorce order alone or for a divorce order with corollary relief, and is governed by Rule 10-10 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules].

For a brief summary of this process, go to the ''How Do I?'' section of this resource and read [[How Do I Get Divorced?]] It's located under ''Marriage, Separation & Divorce''.

===Choosing between the sole application process and the joint application process===

There are two types of desk order divorce actions:

#the sole application process, in which only one spouse is responsible for ushering the process through; and,
#the joint application process, in which the spouses work together to get the job done.

There are a few important differences between sole applications and joint applications.

*Joint applications are quicker and cheaper, but the spouses will have to cooperate with each other. In a sole application, no cooperation is required.
*A sole application takes a little longer since the person bringing the action has to serve the other spouse with the Notice of Family Claim and wait 40 days before proceeding. In a joint application, service is not necessary and you can apply for the divorce order right away.
*In a sole application, the spouses are called the claimant and respondent. In a joint application, the spouses are called claimant 1 and claimant 2.
*In a joint application, both spouses must sign the Notice of Family Claim, and both must execute an affidavit for the application for the divorce order.

===The sole divorce application===

These instructions are for the sole divorce application process:

'''Step One'''

<blockquote>Prepare your Notice of Family Claim. Make three copies of the original.</blockquote>

'''Step Two'''

<blockquote>Go to your local registry of the British Columbia Supreme Court. Bring the original Notice of Family Claim and the three copies you have made of it. Also bring the original of your government-issued Marriage Certificate. Fill out the Registration of Divorce Proceeding form, which will be available at the courthouse. File all of these materials and pay the $210 court fee. The court will stamp the action number and the court seal on all copies of your Notice of Family Claim, keep the original, and give you back the three duplicates. Your Marriage Certificate will go into the court file.</blockquote>

'''Step Three'''

<blockquote>Serve your ex with your Notice of Family Claim. You cannot serve your ex yourself; you must arrange for someone else to do it. Give the person who will be your process server two copies of your Notice of Family Claim, along with a photograph of your ex. The process server will serve one copy of the materials on your ex, and will use the photograph and the remaining copy in his or her Affidavit of Personal Service to prove that your ex was served.</blockquote>

'''Step Four'''

<blockquote>Once your ex is served, wait 40 days. Technically, you only need to wait 31 days from the date of service, but it doesn't hurt to add a few days just to be sure. If your ex files a Response to Family Claim or Counterclaim in this period, there's a problem. Read the discussion in "What happens if a response or counterclaim are filed?" at the end of this section.</blockquote>

'''Step Five'''

<blockquote>Prepare your Requisition asking the court for the divorce order, your Divorce Affidavit in support of the application, a draft of the order you want the court to make, and the Registrar's Certificate. If you have children, you will also have to prepare a Child Support Affidavit, which sets out the details of your income and your spouse's income and the terms on which child support will (or won't) be paid.</blockquote>

'''Step Six'''

<blockquote>Go to the court registry you filed your materials at, and file your Requisition, your Affidavit, your Child Support Affidavit if required, your Registrar's Certificate, your draft order, and your process server's Affidavit of Personal Service. Pay the $80 court fee.</blockquote>

'''Step Seven'''

<blockquote>Once you've filed your application, wait four weeks.</blockquote>

'''Step Eight'''

<blockquote>Start calling the court registry to see whether your order is ready for you to pick-up. This should take four to eight weeks, depending on how busy the court is. When your order is ready, go to the courthouse to get the entered order, and then mail a copy to your ex.</blockquote>

Once you've got your entered divorce order and 31 days have passed, you are officially divorced, and you have a court order bearing the seal of the court to prove it. Some people may find that a Certificate of Divorce is necessary in order to remarry. If you wish to get this Certificate, this is what you must do:

'''Step Nine'''

<blockquote>Wait 32 days from the date the divorce order was made. The date will be shown on the first page of the order.</blockquote>

'''Step Ten'''

<blockquote>Prepare your draft Certificate of Divorce and file it in the court registry, together with a Requisition asking the registry to complete the Certificate. Pay the $40 court fee, and grab a chair. The registry will normally complete your Certificate of Divorce while you wait.</blockquote>

===The joint divorce application===

The joint divorce application process is almost exactly the same as the sole divorce application process, except that some of the forms are different, service is not required, and the length of time it takes to get a divorce is about four to eight weeks in total.

These are the main differences between the joint application process and the sole application process:

*The parties are known as claimant 1 and claimant 2.
*A special form, Notice of Family Claim is required.
*Both parties sign the Notice of Family Claim.
*The Notice of Family Claim does not need to be served on anyone, and there is no waiting period that must pass before the application for the divorce order can be made.
*Both parties must swear an affidavit in support of the application for the divorce order.
*All of the documents can be filed at once, although at least one of the affidavits in support of the application must be sworn after everything else is filed, even if only by a few minutes.

If either party withdraws from the joint application process before the divorce order is made, there's a problem. Read the discussion in "What happens if a response or counterclaim are filed?" at the end of this section.

These instructions are for the joint divorce application process:

'''Step One'''

<blockquote>Prepare a joint Notice of Family Claim. Prepare and execute one Divorce Affidavit in support of the application; prepare your blank Registrar's Certificate; prepare and complete your Requisition to apply for the divorce order; and, prepare your draft order. Make two copies of everything. Prepare but do not execute the other Divorce Affidavit.</blockquote>

'''Step Two'''

<blockquote>Go to your local registry of the British Columbia Supreme Court. Bring all the documents listed in Step One and the original of your government-issued Marriage Certificate. Fill out the Registration of Divorce Proceeding form, which will be available at the family and divorce counter. File all of these materials (except the unexecuted affidavit) and pay the $290 court fee. The court will stamp the action number and the court seal on all copies of your joint Notice of Family Claim, keep the original, and give you back the two duplicates. Your Marriage Certificate will go into the court file.</blockquote>

'''Step Three'''

<blockquote>While you're at the registry counter, execute the remaining affidavit in support of the application for divorce, and pay the $40 court fee.</blockquote>

'''Step Four'''

<blockquote>Once you've filed your application, wait four weeks.</blockquote>

'''Step Five'''

<blockquote>Once four weeks have passed, start calling the court registry to see whether your order is ready for you to pick-up. This should take four to eight weeks, depending on how busy the court is. When your order is ready, go to the courthouse to pick the entered order up, and then mail a copy to your ex.</blockquote>

Once you've got your entered divorce order and 31 days have passed, you are officially divorced, and you have a court order bearing the seal of the court to prove it. Some people may find that a Certificate of Divorce is necessary in order to remarry. If you wish to get this Certificate, this is what you must do:

'''Step Six'''

<blockquote>Wait 32 days from the date the order was made. The date will be shown on the first page of the order.</blockquote>

'''Step Seven'''

<blockquote>Prepare your Certificate of Divorce and file it in the court registry, together with a Requisition asking the registry to complete the Certificate. Pay the $40 court fee, and grab a chair. The registry will normally complete your Certificate of Divorce while you wait.</blockquote>

With the exception of the special form, Notice of Family Claim, all of the forms used in the joint process are the same as the sole process, except that the parties aren't called claimant and respondent, they're called claimant 1 and claimant 2.

===Free services===

[http://accessprobono.ca/ Access Pro Bono] offers free meetings with lawyers who can review your forms with you before you file them in court. Although the lawyers available through this program are not likely to prepare your documents, they will give them a check to make sure that the registry will accept them.

The [http://www.cle.bc.ca/ British Columbia Continuing Legal Education Society] has published an excellent guide to the desk order divorce process called the ''Desk Order Divorce Manual'', which has samples of the different clauses you may need to complete your court forms. This book is available at your local courthouse library.

===Services that are not free===

====Lawyers====

You're usually best off if you hire a lawyer to handle your divorce for you, as your lawyer will be familiar with the nuances and complications of the desk order divorce process and can give you expert advice about the short- and long-term advantages and disadvantages of the arrangement you've worked out with your spouse. This can be critical where the terms or circumstances of your divorce are unusual or complicated.

Lawyers, however, come at a cost. You should expect that you will be charged fees of anywhere between $500 and $2,000 for your divorce, plus the lawyer's out-of-pocket expenses for things like court fees and photocopying.

====Commercial services====

A local company called [http://www.self-counsel.com/ Self-Counsel Press] publishes a kit for the desk order divorce process. The kit, which costs something like $25 to $35, contains all the forms necessary to apply for a desk order divorce, plus instructions on how to make the application. Make sure that the kit you buy has forms that are current to the changes made on 18 March 2013.

There are a number of commercial services available online that will prepare all of the necessary documents for you, including:

*[http://www.divorceoptions.ca www.divorceoptions.ca]
*[http://www.untietheknot.ca www.untietheknot.ca]
*[http://www.britishcolumbiadivorce.ca www.britishcolumbiadivorce.ca]

If I understand things correctly, untietheknot.ca will also file your documents in court for you. A Google search for the phrase "<tt>desk order divorce BC</tt>" should provide you with a few other options, but whatever you do, make sure you're using a service that offers the forms required for a divorce in British Columbia!

===What happens if a response or counterclaim are filed?===

The do-it-yourself divorce process is based on the idea that either everyone agrees to get divorced or no one is going to object to the divorce. The process will go off the rails if:

*'''Sole application:''' the respondent files a Response to Family Claim or a Counterclaim; or,
*'''Joint application:''' a claimant withdraws from the process and files a Response to Family Claim or a Counterclaim.

In either situation, the divorce action will cease to qualify as an ''undefended family law case'' within the meaning of Rule 1-1(1) and cannot proceed as a desk order. The divorce action will continue like any other contested family law case and proceed to trial if a settlement cannot be reached.

==Resources and links==

===Legislation===

* ''[[Family Law Act]]''
* ''[[Divorce Act]]''
* [http://canlii.ca/t/8mcr Supreme Court Family Rules]
* [http://canlii.ca/t/80mh Child Support Guidelines]

===Resources===

*[http://www.divorceoptions.ca DivorceOptions.ca]
*[http://www.untietheknot.ca Untie The Knot Divorce Service]
*[http://www.britishcolumbiadivorce.ca Canadian Divorce Online]

===Links===

* [http://www.familylaw.lss.bc.ca/resources/fact_sheets/divorce.php Legal Services Society’s Family Law Website: Divorce]

{{REVIEWED | reviewer = [[Vanessa Van Sickle]] and [[Thomas Wallwork]], Sep 27, 2014}}

{{JP Boyd on Family Law Navbox|type=chapters}}
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[[Category:Marriage, Separation & Divorce]]
[[Category:JP Boyd on Family Law]]

Divorce and the Law on Getting Divorced

2016-02-11T19:36:02Z

Audrey Jun: /* Certificate of divorce */

{{JP Boyd on Family Law TOC|expanded = separation}}{{JPBOFL Editor Badge
|ChapterEditors = [[Vanessa Van Sickle]] and [[Thomas Wallwork]]
}}
{{LSSbadge
| resourcetype = more information on
| link = [http://www.familylaw.lss.bc.ca/resources/fact_sheets/divorce.php Divorce]
}}Divorce is the legal termination of a marriage by an order of the court. Without this order, a couple will remain married to each other no matter how long they've been separated. Although a divorce order represents the formal conclusion of a marriage, where children are involved or one spouse is financially dependent on the other, issues about the payment of support and the care of the children will continue.

This section provides an overview of the grounds for divorce, and discusses the nature of a divorce order and the effect of foreign divorce orders in Canada. It also reviews the do-it-yourself divorce process, and the court forms used in that process, in enough detail that you can get your own divorce without having to hire a lawyer.

The criteria that must be met to obtain an annulment ― which is different than a divorce order and isn't nearly as simple and straightforward as most people think ― are discussed in the chapter [[Family Relationships]] within the section [[Marriage & Married Spouses]].

==Preconditions for applying for a divorce in BC==

If you want to get a divorce in BC, you must first satisfy three conditions:

#You must be legally married. If your marriage was legally valid in the place you got married, it counts as a legal marriage in BC. To prove you were legally married you will need to provide a marriage certificate issued in the country where you were married. If you can't get a marriage certificate, you'll need to find witnesses who saw you get married. These witnesses will need to either testify or swear an affidavit saying that they saw you get married.
#Generally, you or your spouse must live in BC and have lived here for at least a year. The one exception to this rule is if you were married in BC, and you lived somewhere in the last year that wouldn't let you get divorced. If you take advantage of this exception, you can only get a divorce in BC. Claims about children, property division, and child and spousal support must be dealt with where you and your spouse live.
#You must prove that you have been separated from your spouse for a year, or that your spouse treated you cruelly, or that your spouse had sex with someone else.

==The grounds for divorce==

Under the federal ''[[Divorce Act]]'' there is really only one reason why you can apply for a divorce order, ''marriage breakdown''. Under s. 8 of the act, there are three reasons why marriage breakdown may have occurred:

#the intentional separation of the spouses for at least one year;
#the adultery of a spouse; and,
#one spouse's treatment of the other with such mental or physical cruelty that it is impossible to continue the marriage.

In Canada, all divorces proceed on a no-fault basis, regardless of the ground of divorce relied upon. ''No-fault'', in this context, means that the reasons for marriage breakdown have nothing at all to do with the court's consideration of issues like custody and support. No matter how upset someone is by a spouse's misbehaviour, it will have no impact on how the legal issues are addressed.

Most divorces are based on separation. The only advantage of seeking a divorce based on cruelty or adultery is that the divorce is available relatively quickly; you needn't wait for a year's worth of separation to pass before you are eligible for the order. However, while you are eligible to begin divorce proceedings as soon as you learn of the adultery or experience the cruelty, you must be able to prove that the other spouse committed the wrongful behaviour you allege.

As you can imagine, few people are prepared to admit that they committed adultery or battered their spouse, and as a result divorces based on these grounds rarely proceed smoothly. In fact, where a court action has dragged on long enough so that more than a year has passed since the parties separated before the matter finally comes to court, some judges will refuse to hear any evidence of the wrongful behaviour and will grant the divorce instead on the basis of the parties' separation.

===Separation===

To obtain a divorce based on separation for a period of at least one year, you and your spouse must have lived separate and apart for that year. The period of living separate and apart can pass while living under the same roof, however the marital qualities of your relationship with your spouse must have ended.

The ''Divorce Act'' provides that a couple can attempt to reconcile and resume married life for up to 90 days during this one-year period. If the couple live together for a total period of more than 90 days with the intention of getting back together, the clock resets and a new one-year period will not start running until after the couple separates again.

===Adultery===

A spouse who is claiming that the other spouse is guilty of adultery must prove this claim in court. Before the court will pronounce the order for divorce, the court must also be satisfied that the party making the claim has not ''condoned'' the adultery or ''connived'' to effect the adultery. If the court is not satisfied, it will not grant the divorce.

Proof of adultery normally consists of an affidavit from either your spouse or the person with whom your spouse committed the adulterous act, admitting to the adultery. You cannot seek a divorce based on your own adulterous conduct.

Many people will have seen the movie "Intolerable Cruelty," which lays a great deal of emphasis on the punitive consequences of adultery, and suggests that spouses caught with their pants down are going to lose everything they have. That might be true in the US, but it certainly isn't true in Canada. In Canada, there are no consequences for marital offences of that nature: you won't lose your house, you won't lose the children, and you won't find yourself living in a cardboard box. Adultery, while relevant as a ground of divorce, plays no role in the court's determination of these other issues.

===Cruelty===

A spouse who claims that the other spouse is guilty of cruelty must prove his or her claim in court. Cruelty can consist of physical abuse or mental abuse, and may also give rise to a claim for an award of damages as a result of the cruelty. Before the court will pronounce the divorce order, it must be satisfied that the party making the claim has not ''condoned'' the cruelty.

Proof of cruelty normally consists of a medical, psychological or psychiatric report, or, in some circumstances, a simple letter from a treating professional describing the abuse.

===Conspiracy, connivance and condonation===

If a court finds that there has been conspiracy, connivance, or condonation in the application for the divorce order, the court will not grant the order. The point of this is to ensure that a couple are not attempting to escape the requirements of the ''Divorce Act'' and cheat the court to get a quick divorce.

If there has been ''condonation'', the marital offence used to found the divorce claim, adultery or cruelty, has been forgiven. If the act has been forgiven, the court cannot pronounce a divorce order since the marital relationship hasn't broken down.

''Conspiracy'' and ''connivance'' are both attempts to cheat the court. A relationship must have legitimately broken down before the court will officially dissolve it; anything else would be a fraud upon the court. ''Conspiracy'' means that the spouses have worked together to achieve the wrongful act providing the ground for divorce. This could mean, for example, an agreement between the spouses for one of them to have sex with someone else in order to claim adultery as a ground of divorce. ''Connivance'' means to arrange for the wrongful act to occur. For example, this could include one spouse arranging for the other to be seduced by someone else in order to claim adultery as a ground of divorce.

===Child support===

The court is required, under s. 11(1)(b) of the ''Divorce Act'', to satisfy itself that "reasonable arrangements" have been made for the support of the children before it can grant an order for divorce. As you might expect, a ''reasonable arrangement'' usually means that child support is being paid according to the [[Child Support Guidelines]]. If you have children, you will have to prove that the children are being provided for as the Guidelines require before you can get a divorce. Remember that under the Guidelines, the table amount of child support payable for incomes of less than $10,800 per year is zero.

The only possible exception to this rule would be if the parent to whom child support is payable cannot be found, and the child support payments therefore cannot be paid. In such circumstances the court may make a divorce order that doesn't refer to child support, or it may make an order that merely refers to the payor's obligation to pay child support without fixing an amount payable.

==The divorce order==

In order to get a divorce order, the court must be satisfied that:

*the marriage legally exists,
*at least one of the parties has been ordinarily resident in British Columbia for at least one year before the proceeding began, or one of the parties lived somewhere in the last year that would not permit the divorce because the marriage was not recognized there,
*the ground on which marriage breakdown in claimed has been proven, and,
*if there are children, an adequate amount of child support is being paid.

It is possible to oppose an application for a divorce order. Practically speaking, however, by the time the application gets before a judge, the responding party has usually come to realize that a divorce is inevitable. If the court is satisfied that the applicant is entitled to his or her order because the grounds for the divorce have been proven, the divorce is usually granted despite any objections by the other spouse.

===Corollary relief===

An order for divorce can be made on its own or together with ''corollary relief''. Typical orders for corollary relief include orders about the care of children, child support, and spousal support.

Divorce orders are usually made after all of the corollary issues, if any, have been dealt with, either as a result of a trial or a settlement reached following negotiations. The court will be reluctant to make a divorce order until all of the legal issues have been addressed.

===The appeal period===

Orders for divorce usually contain a term that "this order shall not take effect until the 31st day after its pronouncement." This is to allow the appeal period to expire. Once those 31 days have passed, however, the parties are officially divorced and are free to remarry if they wish.

It is possible to abridge this appeal period, if the divorce must take effect sooner for some urgent reason such as remarriage. If this is the case, you should advise the court of the need for haste, and a waiver of appeal will have to be filed.

===Certificate of divorce===

Once the appeal period has expired, either party may apply to the court, for a small filing fee, for a Certificate of Divorce. This is, strictly speaking, unnecessary, as the order is itself sufficient proof of divorce. Nevertheless, people often want this certificate to obtain a sense of closure, or because they expect to marry within the next couple of years, or because they may wish to prove they are divorced without having to disclose the other terms of their divorce order. Most family law lawyers take care to prepare Certificates of Divorce nicely in a format suitable for framing. You may want to read [[How Do I Get my Certificate of Divorce%3F]]

==Foreign divorce orders==

Section 22(1) of the ''Divorce Act'' deals with the effect in Canada of divorces obtained outside Canada. In a nutshell, if a divorce was properly granted by the foreign country the parties will also be considered to be divorced here, without the need to obtain a Canadian divorce order.

Of course, there is a small catch. Either spouse must have been "ordinarily resident" in the country in which the divorce was obtained for at least one year before the divorce proceedings started. In other words, if you've lived in Sri Lanka for less than a year before you started your application for divorce, your divorce may not be recognized in Canada even though it's perfectly good in Sri Lanka. As long as you had lived in Sri Lanka for more than one year before you started your application, your divorce there will be valid in Canada.

Even if a foreign divorce isn't good under Canadian law, everyone will usually accept the fact that the spouse is divorced. Whether the divorce meets Canadian requirements will only ever become an issue if one of the spouses later claims that the divorce is not valid. This can have some fairly serious consequences, mostly involving the division of property and pensions. You can find more information about the property entitlements of married spouses in the chapter [[Property & Debt in Family Law Matters|Property & Debt]], in the section [[Dividing Property & Debt in Family Law Matters|Dividing Property & Debt]].

==The do-it-yourself divorce==

The only way to obtain an order for divorce is by starting a court proceeding; you must sue your spouse if you want to get divorced. The do-it-yourself process, called the ''desk order divorce process'', allows you to obtain a final order for divorce without ever having to appear in court, and the order can deal with all of the issues between you and your spouse, from divorce to the division of property to child support.

You can get your divorce yourself using the desk order divorce process, without having to retain a lawyer. While some of the court forms can be a bit daunting, there are plenty of resources, such as this website, that can help you unravel the mysteries and complete the process on your own.

Generally speaking, a desk order divorce is appropriate in two situations:

#when the only issue between you and your spouse is getting a divorce; or,
#when you have other issues, but those have been settled, either through a separation agreement or an agreement about the terms of a consent order.

In the first case, a desk order application will be for a divorce alone. In the second case, a desk order application will be an application for a divorce plus ''corollary relief'', that is, orders apart from the divorce order itself, such as orders dealing with care of children, support, or the division of assets.

Most court proceedings go like this: the claimant files a Notice of Family Claim and serves it on the respondent; the respondent then files a Response to Family Claim and sometimes a Counterclaim. If the respondent fails to file a Response to Family Claim, the claimant's court proceeding is said to be ''uncontested''. This means that the respondent is assumed to either agree with the relief sought by the claimant or to have chosen not to defend the claim. In such circumstances, the claimant is free to seek a ''default judgment'' against the respondent.

A desk order divorce application is essentially an application for a default judgment, whether the claimant's court proceeding is for a divorce order alone or for a divorce order with corollary relief, and is governed by Rule 10-10 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules].

For a brief summary of this process, go to the ''How Do I?'' section of this resource and read [[How Do I Get Divorced?]] It's located under ''Marriage, Separation & Divorce''.

===Choosing between the sole application process and the joint application process===

There are two types of desk order divorce actions:

#the sole application process, in which only one spouse is responsible for ushering the process through; and,
#the joint application process, in which the spouses work together to get the job done.

There are a few important differences between sole applications and joint applications.

*Joint applications are quicker and cheaper, but the spouses will have to cooperate with each other. In a sole application, no cooperation is required.
*A sole application takes a little longer since the person bringing the action has to serve the other spouse with the Notice of Family Claim and wait 40 days before proceeding. In a joint application, service is not necessary and you can apply for the divorce order right away.
*In a sole application, the spouses are called the claimant and respondent. In a joint application, the spouses are called claimant 1 and claimant 2.
*In a joint application, both spouses must sign the Notice of Family Claim, and both must execute an affidavit for the application for the divorce order.

===The sole divorce application===

These instructions are for the sole divorce application process:

'''Step One'''

<blockquote>Prepare your Notice of Family Claim. Make three copies of the original.</blockquote>

'''Step Two'''

<blockquote>Go to your local registry of the British Columbia Supreme Court. Bring the original Notice of Family Claim and the three copies you have made of it. Also bring the original of your government-issued Marriage Certificate. Fill out the Registration of Divorce Proceeding form, which will be available at the courthouse. File all of these materials and pay the $210 court fee. The court will stamp the action number and the court seal on all copies of your Notice of Family Claim, keep the original, and give you back the three duplicates. Your Marriage Certificate will go into the court file.</blockquote>

'''Step Three'''

<blockquote>Serve your ex with your Notice of Family Claim. You cannot serve your ex yourself; you must arrange for someone else to do it. Give the person who will be your process server two copies of your Notice of Family Claim, along with a photograph of your ex. The process server will serve one copy of the materials on your ex, and will use the photograph and the remaining copy in his or her Affidavit of Personal Service to prove that your ex was served.</blockquote>

'''Step Four'''

<blockquote>Once your ex is served, wait 40 days. Technically, you only need to wait 31 days from the date of service, but it doesn't hurt to add a few days just to be sure. If your ex files a Response to Family Claim or Counterclaim in this period, there's a problem. Read the discussion in "What happens if a response or counterclaim are filed?" at the end of this section.</blockquote>

'''Step Five'''

<blockquote>Prepare your Requisition asking the court for the divorce order, your Divorce Affidavit in support of the application, a draft of the order you want the court to make, and the Registrar's Certificate. If you have children, you will also have to prepare a Child Support Affidavit, which sets out the details of your income and your spouse's income and the terms on which child support will (or won't) be paid.</blockquote>

'''Step Six'''

<blockquote>Go to the court registry you filed your materials at, and file your Requisition, your Affidavit, your Child Support Affidavit if required, your Registrar's Certificate, your draft order, and your process server's Affidavit of Personal Service. Pay the $80 court fee.</blockquote>

'''Step Seven'''

<blockquote>Once you've filed your application, wait four weeks.</blockquote>

'''Step Eight'''

<blockquote>Start calling the court registry to see whether your order is ready for you to pick-up. This should take four to eight weeks, depending on how busy the court is. When your order is ready, go to the courthouse to get the entered order, and then mail a copy to your ex.</blockquote>

Once you've got your entered divorce order and 31 days have passed, you are officially divorced, and you have a court order bearing the seal of the court to prove it. Some people may find that a Certificate of Divorce is necessary in order to remarry. If you wish to get this Certificate, this is what you must do:

'''Step Nine'''

<blockquote>Wait 32 days from the date the divorce order was made. The date will be shown on the first page of the order.</blockquote>

'''Step Ten'''

<blockquote>Prepare your draft Certificate of Divorce and file it in the court registry, together with a Requisition asking the registry to complete the Certificate. Pay the $40 court fee, and grab a chair. The registry will normally complete your Certificate of Divorce while you wait.</blockquote>

===The joint divorce application===

The joint divorce application process is almost exactly the same as the sole divorce application process, except that some of the forms are different, service is not required, and the length of time it takes to get a divorce is about four to eight weeks in total.

These are the main differences between the joint application process and the sole application process:

*The parties are known as claimant 1 and claimant 2.
*A special form, Notice of Family Claim is required.
*Both parties sign the Notice of Family Claim.
*The Notice of Family Claim does not need to be served on anyone, and there is no waiting period that must pass before the application for the divorce order can be made.
*Both parties must swear an affidavit in support of the application for the divorce order.
*All of the documents can be filed at once, although at least one of the affidavits in support of the application must be sworn after everything else is filed, even if only by a few minutes.

If either party withdraws from the joint application process before the divorce order is made, there's a problem. Read the discussion in "What happens if a response or counterclaim are filed?" at the end of this section.

These instructions are for the joint divorce application process:

'''Step One'''

<blockquote>Prepare a joint Notice of Family Claim. Prepare and execute one Divorce Affidavit in support of the application; prepare your blank Registrar's Certificate; prepare and complete your Requisition to apply for the divorce order; and, prepare your draft order. Make two copies of everything. Prepare but do not execute the other Divorce Affidavit.</blockquote>

'''Step Two'''

<blockquote>Go to your local registry of the British Columbia Supreme Court. Bring all the documents listed in Step One and the original of your government-issued Marriage Certificate. Fill out the Registration of Divorce Proceeding form, which will be available at the family and divorce counter. File all of these materials (except the unexecuted affidavit) and pay the $290 court fee. The court will stamp the action number and the court seal on all copies of your joint Notice of Family Claim, keep the original, and give you back the two duplicates. Your Marriage Certificate will go into the court file.</blockquote>

'''Step Three'''

<blockquote>While you're at the registry counter, execute the remaining affidavit in support of the application for divorce, and pay the $40 court fee.</blockquote>

'''Step Four'''

<blockquote>Once you've filed your application, wait four weeks.</blockquote>

'''Step Five'''

<blockquote>Once four weeks have passed, start calling the court registry to see whether your order is ready for you to pick-up. This should take four to eight weeks, depending on how busy the court is. When your order is ready, go to the courthouse to pick the entered order up, and then mail a copy to your ex.</blockquote>

Once you've got your entered divorce order and 31 days have passed, you are officially divorced, and you have a court order bearing the seal of the court to prove it. Some people may find that a Certificate of Divorce is necessary in order to remarry. If you wish to get this Certificate, this is what you must do:

'''Step Six'''

<blockquote>Wait 32 days from the date the order was made. The date will be shown on the first page of the order.</blockquote>

'''Step Seven'''

<blockquote>Prepare your Certificate of Divorce and file it in the court registry, together with a Requisition asking the registry to complete the Certificate. Pay the $40 court fee, and grab a chair. The registry will normally complete your Certificate of Divorce while you wait.</blockquote>

With the exception of the special form, Notice of Family Claim, all of the forms used in the joint process are the same as the sole process, except that the parties aren't called claimant and respondent, they're called claimant 1 and claimant 2.

===Free services===

[http://accessprobono.ca/ Access Pro Bono] offers free meetings with lawyers who can review your forms with you before you file them in court. Although the lawyers available through this program are not likely to prepare your documents, they will give them a check to make sure that the registry will accept them.

The [http://www.cle.bc.ca/ British Columbia Continuing Legal Education Society] has published an excellent guide to the desk order divorce process called the ''Desk Order Divorce Manual'', which has samples of the different clauses you may need to complete your court forms. This book is available at your local courthouse library.

===Services that are not free===

====Lawyers====

You're usually best off if you hire a lawyer to handle your divorce for you, as your lawyer will be familiar with the nuances and complications of the desk order divorce process and can give you expert advice about the short- and long-term advantages and disadvantages of the arrangement you've worked out with your spouse. This can be critical where the terms or circumstances of your divorce are unusual or complicated.

Lawyers, however, come at a cost. You should expect that you will be charged fees of anywhere between $500 and $2,000 for your divorce, plus the lawyer's out-of-pocket expenses for things like court fees and photocopying.

====Commercial services====

A local company called [http://www.self-counsel.com/ Self-Counsel Press] publishes a kit for the desk order divorce process. The kit, which costs something like $25 to $35, contains all the forms necessary to apply for a desk order divorce, plus instructions on how to make the application. Make sure that the kit you buy has forms that are current to the changes made on 18 March 2013.

There are a number of commercial services available online that will prepare all of the necessary documents for you, including:

*[http://www.divorceoptions.ca www.divorceoptions.ca]
*[http://www.untietheknot.ca www.untietheknot.ca]
*[http://www.britishcolumbiadivorce.ca www.britishcolumbiadivorce.ca]

If I understand things correctly, untietheknot.ca will also file your documents in court for you. A Google search for the phrase "<tt>desk order divorce BC</tt>" should provide you with a few other options, but whatever you do, make sure you're using a service that offers the forms required for a divorce in British Columbia!

===What happens if a response or counterclaim are filed?===

The do-it-yourself divorce process is based on the idea that either everyone agrees to get divorced or no one is going to object to the divorce. The process will go off the rails if:

*'''Sole application:''' the respondent files a Response to Family Claim or a Counterclaim; or,
*'''Joint application:''' a claimant withdraws from the process and files a Response to Family Claim or a Counterclaim.

In either situation, the divorce action will cease to qualify as an ''undefended family law case'' within the meaning of Rule 1-1(1) and cannot proceed as a desk order. The divorce action will continue like any other contested family law case and proceed to trial if a settlement cannot be reached.

==Resources and links==

===Legislation===

* ''[[Family Law Act]]''
* ''[[Divorce Act]]''
* [http://canlii.ca/t/8mcr Supreme Court Family Rules]
* [http://canlii.ca/t/80mh Child Support Guidelines]

===Resources===

*[http://www.divorceoptions.ca DivorceOptions.ca]
*[http://www.untietheknot.ca Untie The Knot Divorce Service]
*[http://www.britishcolumbiadivorce.ca Canadian Divorce Online]

===Links===

* [http://www.familylaw.lss.bc.ca/resources/fact_sheets/divorce.php Legal Services Society’s Family Law Website: Divorce]

{{REVIEWED | reviewer = [[Vanessa Van Sickle]] and [[Thomas Wallwork]], Sep 27, 2014}}

{{JP Boyd on Family Law Navbox|type=chapters}}
{{Creative Commons for JP Boyd}}
[[Category:Marriage, Separation & Divorce]]
[[Category:JP Boyd on Family Law]]

Divorce and the Law on Getting Divorced

2016-02-11T19:35:29Z

Audrey Jun: /* Certificate of divorce */

{{JP Boyd on Family Law TOC|expanded = separation}}{{JPBOFL Editor Badge
|ChapterEditors = [[Vanessa Van Sickle]] and [[Thomas Wallwork]]
}}
{{LSSbadge
| resourcetype = more information on
| link = [http://www.familylaw.lss.bc.ca/resources/fact_sheets/divorce.php Divorce]
}}Divorce is the legal termination of a marriage by an order of the court. Without this order, a couple will remain married to each other no matter how long they've been separated. Although a divorce order represents the formal conclusion of a marriage, where children are involved or one spouse is financially dependent on the other, issues about the payment of support and the care of the children will continue.

This section provides an overview of the grounds for divorce, and discusses the nature of a divorce order and the effect of foreign divorce orders in Canada. It also reviews the do-it-yourself divorce process, and the court forms used in that process, in enough detail that you can get your own divorce without having to hire a lawyer.

The criteria that must be met to obtain an annulment ― which is different than a divorce order and isn't nearly as simple and straightforward as most people think ― are discussed in the chapter [[Family Relationships]] within the section [[Marriage & Married Spouses]].

==Preconditions for applying for a divorce in BC==

If you want to get a divorce in BC, you must first satisfy three conditions:

#You must be legally married. If your marriage was legally valid in the place you got married, it counts as a legal marriage in BC. To prove you were legally married you will need to provide a marriage certificate issued in the country where you were married. If you can't get a marriage certificate, you'll need to find witnesses who saw you get married. These witnesses will need to either testify or swear an affidavit saying that they saw you get married.
#Generally, you or your spouse must live in BC and have lived here for at least a year. The one exception to this rule is if you were married in BC, and you lived somewhere in the last year that wouldn't let you get divorced. If you take advantage of this exception, you can only get a divorce in BC. Claims about children, property division, and child and spousal support must be dealt with where you and your spouse live.
#You must prove that you have been separated from your spouse for a year, or that your spouse treated you cruelly, or that your spouse had sex with someone else.

==The grounds for divorce==

Under the federal ''[[Divorce Act]]'' there is really only one reason why you can apply for a divorce order, ''marriage breakdown''. Under s. 8 of the act, there are three reasons why marriage breakdown may have occurred:

#the intentional separation of the spouses for at least one year;
#the adultery of a spouse; and,
#one spouse's treatment of the other with such mental or physical cruelty that it is impossible to continue the marriage.

In Canada, all divorces proceed on a no-fault basis, regardless of the ground of divorce relied upon. ''No-fault'', in this context, means that the reasons for marriage breakdown have nothing at all to do with the court's consideration of issues like custody and support. No matter how upset someone is by a spouse's misbehaviour, it will have no impact on how the legal issues are addressed.

Most divorces are based on separation. The only advantage of seeking a divorce based on cruelty or adultery is that the divorce is available relatively quickly; you needn't wait for a year's worth of separation to pass before you are eligible for the order. However, while you are eligible to begin divorce proceedings as soon as you learn of the adultery or experience the cruelty, you must be able to prove that the other spouse committed the wrongful behaviour you allege.

As you can imagine, few people are prepared to admit that they committed adultery or battered their spouse, and as a result divorces based on these grounds rarely proceed smoothly. In fact, where a court action has dragged on long enough so that more than a year has passed since the parties separated before the matter finally comes to court, some judges will refuse to hear any evidence of the wrongful behaviour and will grant the divorce instead on the basis of the parties' separation.

===Separation===

To obtain a divorce based on separation for a period of at least one year, you and your spouse must have lived separate and apart for that year. The period of living separate and apart can pass while living under the same roof, however the marital qualities of your relationship with your spouse must have ended.

The ''Divorce Act'' provides that a couple can attempt to reconcile and resume married life for up to 90 days during this one-year period. If the couple live together for a total period of more than 90 days with the intention of getting back together, the clock resets and a new one-year period will not start running until after the couple separates again.

===Adultery===

A spouse who is claiming that the other spouse is guilty of adultery must prove this claim in court. Before the court will pronounce the order for divorce, the court must also be satisfied that the party making the claim has not ''condoned'' the adultery or ''connived'' to effect the adultery. If the court is not satisfied, it will not grant the divorce.

Proof of adultery normally consists of an affidavit from either your spouse or the person with whom your spouse committed the adulterous act, admitting to the adultery. You cannot seek a divorce based on your own adulterous conduct.

Many people will have seen the movie "Intolerable Cruelty," which lays a great deal of emphasis on the punitive consequences of adultery, and suggests that spouses caught with their pants down are going to lose everything they have. That might be true in the US, but it certainly isn't true in Canada. In Canada, there are no consequences for marital offences of that nature: you won't lose your house, you won't lose the children, and you won't find yourself living in a cardboard box. Adultery, while relevant as a ground of divorce, plays no role in the court's determination of these other issues.

===Cruelty===

A spouse who claims that the other spouse is guilty of cruelty must prove his or her claim in court. Cruelty can consist of physical abuse or mental abuse, and may also give rise to a claim for an award of damages as a result of the cruelty. Before the court will pronounce the divorce order, it must be satisfied that the party making the claim has not ''condoned'' the cruelty.

Proof of cruelty normally consists of a medical, psychological or psychiatric report, or, in some circumstances, a simple letter from a treating professional describing the abuse.

===Conspiracy, connivance and condonation===

If a court finds that there has been conspiracy, connivance, or condonation in the application for the divorce order, the court will not grant the order. The point of this is to ensure that a couple are not attempting to escape the requirements of the ''Divorce Act'' and cheat the court to get a quick divorce.

If there has been ''condonation'', the marital offence used to found the divorce claim, adultery or cruelty, has been forgiven. If the act has been forgiven, the court cannot pronounce a divorce order since the marital relationship hasn't broken down.

''Conspiracy'' and ''connivance'' are both attempts to cheat the court. A relationship must have legitimately broken down before the court will officially dissolve it; anything else would be a fraud upon the court. ''Conspiracy'' means that the spouses have worked together to achieve the wrongful act providing the ground for divorce. This could mean, for example, an agreement between the spouses for one of them to have sex with someone else in order to claim adultery as a ground of divorce. ''Connivance'' means to arrange for the wrongful act to occur. For example, this could include one spouse arranging for the other to be seduced by someone else in order to claim adultery as a ground of divorce.

===Child support===

The court is required, under s. 11(1)(b) of the ''Divorce Act'', to satisfy itself that "reasonable arrangements" have been made for the support of the children before it can grant an order for divorce. As you might expect, a ''reasonable arrangement'' usually means that child support is being paid according to the [[Child Support Guidelines]]. If you have children, you will have to prove that the children are being provided for as the Guidelines require before you can get a divorce. Remember that under the Guidelines, the table amount of child support payable for incomes of less than $10,800 per year is zero.

The only possible exception to this rule would be if the parent to whom child support is payable cannot be found, and the child support payments therefore cannot be paid. In such circumstances the court may make a divorce order that doesn't refer to child support, or it may make an order that merely refers to the payor's obligation to pay child support without fixing an amount payable.

==The divorce order==

In order to get a divorce order, the court must be satisfied that:

*the marriage legally exists,
*at least one of the parties has been ordinarily resident in British Columbia for at least one year before the proceeding began, or one of the parties lived somewhere in the last year that would not permit the divorce because the marriage was not recognized there,
*the ground on which marriage breakdown in claimed has been proven, and,
*if there are children, an adequate amount of child support is being paid.

It is possible to oppose an application for a divorce order. Practically speaking, however, by the time the application gets before a judge, the responding party has usually come to realize that a divorce is inevitable. If the court is satisfied that the applicant is entitled to his or her order because the grounds for the divorce have been proven, the divorce is usually granted despite any objections by the other spouse.

===Corollary relief===

An order for divorce can be made on its own or together with ''corollary relief''. Typical orders for corollary relief include orders about the care of children, child support, and spousal support.

Divorce orders are usually made after all of the corollary issues, if any, have been dealt with, either as a result of a trial or a settlement reached following negotiations. The court will be reluctant to make a divorce order until all of the legal issues have been addressed.

===The appeal period===

Orders for divorce usually contain a term that "this order shall not take effect until the 31st day after its pronouncement." This is to allow the appeal period to expire. Once those 31 days have passed, however, the parties are officially divorced and are free to remarry if they wish.

It is possible to abridge this appeal period, if the divorce must take effect sooner for some urgent reason such as remarriage. If this is the case, you should advise the court of the need for haste, and a waiver of appeal will have to be filed.

===Certificate of divorce===

Once the appeal period has expired, either party may apply to the court, for a small filing fee, for a Certificate of Divorce. This is, strictly speaking, unnecessary, as the order is itself sufficient proof of divorce. Nevertheless, people often want this certificate to obtain a sense of closure, or because they expect to marry within the next couple of years, or because they may wish to prove they are divorced without having to disclose the other terms of their divorce order. Most family law lawyers take care to prepare Certificates of Divorce nicely in a format suitable for framing. For a brief summary of this process, go to the How Do I? section of this resource and read [[How_Do_I_Get_my_Certificate_of_Divorce%3F]]

==Foreign divorce orders==

Section 22(1) of the ''Divorce Act'' deals with the effect in Canada of divorces obtained outside Canada. In a nutshell, if a divorce was properly granted by the foreign country the parties will also be considered to be divorced here, without the need to obtain a Canadian divorce order.

Of course, there is a small catch. Either spouse must have been "ordinarily resident" in the country in which the divorce was obtained for at least one year before the divorce proceedings started. In other words, if you've lived in Sri Lanka for less than a year before you started your application for divorce, your divorce may not be recognized in Canada even though it's perfectly good in Sri Lanka. As long as you had lived in Sri Lanka for more than one year before you started your application, your divorce there will be valid in Canada.

Even if a foreign divorce isn't good under Canadian law, everyone will usually accept the fact that the spouse is divorced. Whether the divorce meets Canadian requirements will only ever become an issue if one of the spouses later claims that the divorce is not valid. This can have some fairly serious consequences, mostly involving the division of property and pensions. You can find more information about the property entitlements of married spouses in the chapter [[Property & Debt in Family Law Matters|Property & Debt]], in the section [[Dividing Property & Debt in Family Law Matters|Dividing Property & Debt]].

==The do-it-yourself divorce==

The only way to obtain an order for divorce is by starting a court proceeding; you must sue your spouse if you want to get divorced. The do-it-yourself process, called the ''desk order divorce process'', allows you to obtain a final order for divorce without ever having to appear in court, and the order can deal with all of the issues between you and your spouse, from divorce to the division of property to child support.

You can get your divorce yourself using the desk order divorce process, without having to retain a lawyer. While some of the court forms can be a bit daunting, there are plenty of resources, such as this website, that can help you unravel the mysteries and complete the process on your own.

Generally speaking, a desk order divorce is appropriate in two situations:

#when the only issue between you and your spouse is getting a divorce; or,
#when you have other issues, but those have been settled, either through a separation agreement or an agreement about the terms of a consent order.

In the first case, a desk order application will be for a divorce alone. In the second case, a desk order application will be an application for a divorce plus ''corollary relief'', that is, orders apart from the divorce order itself, such as orders dealing with care of children, support, or the division of assets.

Most court proceedings go like this: the claimant files a Notice of Family Claim and serves it on the respondent; the respondent then files a Response to Family Claim and sometimes a Counterclaim. If the respondent fails to file a Response to Family Claim, the claimant's court proceeding is said to be ''uncontested''. This means that the respondent is assumed to either agree with the relief sought by the claimant or to have chosen not to defend the claim. In such circumstances, the claimant is free to seek a ''default judgment'' against the respondent.

A desk order divorce application is essentially an application for a default judgment, whether the claimant's court proceeding is for a divorce order alone or for a divorce order with corollary relief, and is governed by Rule 10-10 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules].

For a brief summary of this process, go to the ''How Do I?'' section of this resource and read [[How Do I Get Divorced?]] It's located under ''Marriage, Separation & Divorce''.

===Choosing between the sole application process and the joint application process===

There are two types of desk order divorce actions:

#the sole application process, in which only one spouse is responsible for ushering the process through; and,
#the joint application process, in which the spouses work together to get the job done.

There are a few important differences between sole applications and joint applications.

*Joint applications are quicker and cheaper, but the spouses will have to cooperate with each other. In a sole application, no cooperation is required.
*A sole application takes a little longer since the person bringing the action has to serve the other spouse with the Notice of Family Claim and wait 40 days before proceeding. In a joint application, service is not necessary and you can apply for the divorce order right away.
*In a sole application, the spouses are called the claimant and respondent. In a joint application, the spouses are called claimant 1 and claimant 2.
*In a joint application, both spouses must sign the Notice of Family Claim, and both must execute an affidavit for the application for the divorce order.

===The sole divorce application===

These instructions are for the sole divorce application process:

'''Step One'''

<blockquote>Prepare your Notice of Family Claim. Make three copies of the original.</blockquote>

'''Step Two'''

<blockquote>Go to your local registry of the British Columbia Supreme Court. Bring the original Notice of Family Claim and the three copies you have made of it. Also bring the original of your government-issued Marriage Certificate. Fill out the Registration of Divorce Proceeding form, which will be available at the courthouse. File all of these materials and pay the $210 court fee. The court will stamp the action number and the court seal on all copies of your Notice of Family Claim, keep the original, and give you back the three duplicates. Your Marriage Certificate will go into the court file.</blockquote>

'''Step Three'''

<blockquote>Serve your ex with your Notice of Family Claim. You cannot serve your ex yourself; you must arrange for someone else to do it. Give the person who will be your process server two copies of your Notice of Family Claim, along with a photograph of your ex. The process server will serve one copy of the materials on your ex, and will use the photograph and the remaining copy in his or her Affidavit of Personal Service to prove that your ex was served.</blockquote>

'''Step Four'''

<blockquote>Once your ex is served, wait 40 days. Technically, you only need to wait 31 days from the date of service, but it doesn't hurt to add a few days just to be sure. If your ex files a Response to Family Claim or Counterclaim in this period, there's a problem. Read the discussion in "What happens if a response or counterclaim are filed?" at the end of this section.</blockquote>

'''Step Five'''

<blockquote>Prepare your Requisition asking the court for the divorce order, your Divorce Affidavit in support of the application, a draft of the order you want the court to make, and the Registrar's Certificate. If you have children, you will also have to prepare a Child Support Affidavit, which sets out the details of your income and your spouse's income and the terms on which child support will (or won't) be paid.</blockquote>

'''Step Six'''

<blockquote>Go to the court registry you filed your materials at, and file your Requisition, your Affidavit, your Child Support Affidavit if required, your Registrar's Certificate, your draft order, and your process server's Affidavit of Personal Service. Pay the $80 court fee.</blockquote>

'''Step Seven'''

<blockquote>Once you've filed your application, wait four weeks.</blockquote>

'''Step Eight'''

<blockquote>Start calling the court registry to see whether your order is ready for you to pick-up. This should take four to eight weeks, depending on how busy the court is. When your order is ready, go to the courthouse to get the entered order, and then mail a copy to your ex.</blockquote>

Once you've got your entered divorce order and 31 days have passed, you are officially divorced, and you have a court order bearing the seal of the court to prove it. Some people may find that a Certificate of Divorce is necessary in order to remarry. If you wish to get this Certificate, this is what you must do:

'''Step Nine'''

<blockquote>Wait 32 days from the date the divorce order was made. The date will be shown on the first page of the order.</blockquote>

'''Step Ten'''

<blockquote>Prepare your draft Certificate of Divorce and file it in the court registry, together with a Requisition asking the registry to complete the Certificate. Pay the $40 court fee, and grab a chair. The registry will normally complete your Certificate of Divorce while you wait.</blockquote>

===The joint divorce application===

The joint divorce application process is almost exactly the same as the sole divorce application process, except that some of the forms are different, service is not required, and the length of time it takes to get a divorce is about four to eight weeks in total.

These are the main differences between the joint application process and the sole application process:

*The parties are known as claimant 1 and claimant 2.
*A special form, Notice of Family Claim is required.
*Both parties sign the Notice of Family Claim.
*The Notice of Family Claim does not need to be served on anyone, and there is no waiting period that must pass before the application for the divorce order can be made.
*Both parties must swear an affidavit in support of the application for the divorce order.
*All of the documents can be filed at once, although at least one of the affidavits in support of the application must be sworn after everything else is filed, even if only by a few minutes.

If either party withdraws from the joint application process before the divorce order is made, there's a problem. Read the discussion in "What happens if a response or counterclaim are filed?" at the end of this section.

These instructions are for the joint divorce application process:

'''Step One'''

<blockquote>Prepare a joint Notice of Family Claim. Prepare and execute one Divorce Affidavit in support of the application; prepare your blank Registrar's Certificate; prepare and complete your Requisition to apply for the divorce order; and, prepare your draft order. Make two copies of everything. Prepare but do not execute the other Divorce Affidavit.</blockquote>

'''Step Two'''

<blockquote>Go to your local registry of the British Columbia Supreme Court. Bring all the documents listed in Step One and the original of your government-issued Marriage Certificate. Fill out the Registration of Divorce Proceeding form, which will be available at the family and divorce counter. File all of these materials (except the unexecuted affidavit) and pay the $290 court fee. The court will stamp the action number and the court seal on all copies of your joint Notice of Family Claim, keep the original, and give you back the two duplicates. Your Marriage Certificate will go into the court file.</blockquote>

'''Step Three'''

<blockquote>While you're at the registry counter, execute the remaining affidavit in support of the application for divorce, and pay the $40 court fee.</blockquote>

'''Step Four'''

<blockquote>Once you've filed your application, wait four weeks.</blockquote>

'''Step Five'''

<blockquote>Once four weeks have passed, start calling the court registry to see whether your order is ready for you to pick-up. This should take four to eight weeks, depending on how busy the court is. When your order is ready, go to the courthouse to pick the entered order up, and then mail a copy to your ex.</blockquote>

Once you've got your entered divorce order and 31 days have passed, you are officially divorced, and you have a court order bearing the seal of the court to prove it. Some people may find that a Certificate of Divorce is necessary in order to remarry. If you wish to get this Certificate, this is what you must do:

'''Step Six'''

<blockquote>Wait 32 days from the date the order was made. The date will be shown on the first page of the order.</blockquote>

'''Step Seven'''

<blockquote>Prepare your Certificate of Divorce and file it in the court registry, together with a Requisition asking the registry to complete the Certificate. Pay the $40 court fee, and grab a chair. The registry will normally complete your Certificate of Divorce while you wait.</blockquote>

With the exception of the special form, Notice of Family Claim, all of the forms used in the joint process are the same as the sole process, except that the parties aren't called claimant and respondent, they're called claimant 1 and claimant 2.

===Free services===

[http://accessprobono.ca/ Access Pro Bono] offers free meetings with lawyers who can review your forms with you before you file them in court. Although the lawyers available through this program are not likely to prepare your documents, they will give them a check to make sure that the registry will accept them.

The [http://www.cle.bc.ca/ British Columbia Continuing Legal Education Society] has published an excellent guide to the desk order divorce process called the ''Desk Order Divorce Manual'', which has samples of the different clauses you may need to complete your court forms. This book is available at your local courthouse library.

===Services that are not free===

====Lawyers====

You're usually best off if you hire a lawyer to handle your divorce for you, as your lawyer will be familiar with the nuances and complications of the desk order divorce process and can give you expert advice about the short- and long-term advantages and disadvantages of the arrangement you've worked out with your spouse. This can be critical where the terms or circumstances of your divorce are unusual or complicated.

Lawyers, however, come at a cost. You should expect that you will be charged fees of anywhere between $500 and $2,000 for your divorce, plus the lawyer's out-of-pocket expenses for things like court fees and photocopying.

====Commercial services====

A local company called [http://www.self-counsel.com/ Self-Counsel Press] publishes a kit for the desk order divorce process. The kit, which costs something like $25 to $35, contains all the forms necessary to apply for a desk order divorce, plus instructions on how to make the application. Make sure that the kit you buy has forms that are current to the changes made on 18 March 2013.

There are a number of commercial services available online that will prepare all of the necessary documents for you, including:

*[http://www.divorceoptions.ca www.divorceoptions.ca]
*[http://www.untietheknot.ca www.untietheknot.ca]
*[http://www.britishcolumbiadivorce.ca www.britishcolumbiadivorce.ca]

If I understand things correctly, untietheknot.ca will also file your documents in court for you. A Google search for the phrase "<tt>desk order divorce BC</tt>" should provide you with a few other options, but whatever you do, make sure you're using a service that offers the forms required for a divorce in British Columbia!

===What happens if a response or counterclaim are filed?===

The do-it-yourself divorce process is based on the idea that either everyone agrees to get divorced or no one is going to object to the divorce. The process will go off the rails if:

*'''Sole application:''' the respondent files a Response to Family Claim or a Counterclaim; or,
*'''Joint application:''' a claimant withdraws from the process and files a Response to Family Claim or a Counterclaim.

In either situation, the divorce action will cease to qualify as an ''undefended family law case'' within the meaning of Rule 1-1(1) and cannot proceed as a desk order. The divorce action will continue like any other contested family law case and proceed to trial if a settlement cannot be reached.

==Resources and links==

===Legislation===

* ''[[Family Law Act]]''
* ''[[Divorce Act]]''
* [http://canlii.ca/t/8mcr Supreme Court Family Rules]
* [http://canlii.ca/t/80mh Child Support Guidelines]

===Resources===

*[http://www.divorceoptions.ca DivorceOptions.ca]
*[http://www.untietheknot.ca Untie The Knot Divorce Service]
*[http://www.britishcolumbiadivorce.ca Canadian Divorce Online]

===Links===

* [http://www.familylaw.lss.bc.ca/resources/fact_sheets/divorce.php Legal Services Society’s Family Law Website: Divorce]

{{REVIEWED | reviewer = [[Vanessa Van Sickle]] and [[Thomas Wallwork]], Sep 27, 2014}}

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How Do I Get my Certificate of Divorce?

2016-02-11T19:33:05Z

Audrey Jun: /* Notes */

{{JP Boyd on Family Law How Do I TOC|expanded=marriage}}

You do not need a Certificate of Divorce to make your divorce “legal” or “official”. If you ever have to show legal proof of your divorce, you can use your [[Divorce#The_divorce_order|divorce order]]. However, you can use the Certificate of Divorce to show legal proof of your divorce to third parties (for example, when you remarry) without giving away all the details in your divorce order. Some foreign jurisdictions may require a certificate if you are getting remarried.

==When can I get my Certificate?==

31 days after the divorce order is made, and the divorce has become final, it is possible to obtain a Certificate of Divorce - this is Supreme Court Family [[Form F56 Certificate of Divorce|Form F56]].

==How can I apply for it?==

There are a few different ways to apply. Note that there may be slight differences in process between different registries in BC, but the following generally applies:

===In person - If you have a lawyer===

The lawyer will go to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#A copy of the [[Divorce#The_divorce_order|divorce order]] (make a photocopy of the one you have and keep the original);
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]);
#A completed Certificate of Divorce ([[Form F56 Certificate of Divorce|Form F56]]); and
#$40 for each certificate.

===In person - If you don't have a lawyer===

You, or a friend on your behalf, can go in person to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#Your court file number;
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]) - some Registries may have copies available at the counter;
#$40 for each certificate. Cash, Interac, and Personal Cheques with 2 pieces of ID are accepted; and
#It is helpful if you have a copy of your Divorce Order, but it is not required. Providing a copy may expedite the court registry's ability to process your request. It is a good idea to bring government-issued photo ID, like your driver's license or passport.

===Applying by snail mail===
You can also make a written request by sending a letter to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce order is filed. Include with your letter:
#Your court file number (or the full names of both you and your ex-spouse as they appear on the Divorce Order);
#It is helpful if you include a copy of your Divorce Order, but not required. Providing a copy may expedite the court registry's ability to process your request;
#A self-addressed return envelope;
#Your telephone number; and
#A cheque or money order for $50 in Canadian dollars ($40 for each certificate + $10 mailing fee - if you want 2 certificates, you'd send $90) payable to the Minister of Finance. There is a $30 service fee for any dishonoured cheques.

==Notes==

===Court file number===
If you don't know where your divorce is filed or your court file number, call the [http://www.justice.gc.ca/eng/fl-df/divorce/crdp-bead.html Central Registry of Divorce Proceedings] at 613-957-4519 (or for the hearing impaired only - 1-800-267-7676) Monday to Friday, 9-4pm ET. They will be able to give you your File Number and confirm the Court Registry location where your divorce is filed. You will have to tell them your Date of Birth and the ex-spouse's date of birth (or the date of marriage).

===Copy of Divorce Order exception===
If your divorce was finalized in BC prior to the year retained by the Supreme Court Registry where your divorce order was issued, you may be required to produce a copy of your Divorce Order before applying for a Certificate of Divorce. You can request a copy of your divorce order in writing by email, regular mail or fax to [http://www.courthouselibrary.ca/ItemDetails.aspx?Source=Asked+%26+Answered&ID=815bc8ec-fe53-607b-975f-ff0000fad974 BC Archives].

{{REVIEWED | reviewer = [[Audrey Jun]], February 11, 2016}}

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How Do I Get my Certificate of Divorce?

2016-02-11T19:32:26Z

Audrey Jun: /* How can I apply for it? */

{{JP Boyd on Family Law How Do I TOC|expanded=marriage}}

You do not need a Certificate of Divorce to make your divorce “legal” or “official”. If you ever have to show legal proof of your divorce, you can use your [[Divorce#The_divorce_order|divorce order]]. However, you can use the Certificate of Divorce to show legal proof of your divorce to third parties (for example, when you remarry) without giving away all the details in your divorce order. Some foreign jurisdictions may require a certificate if you are getting remarried.

==When can I get my Certificate?==

31 days after the divorce order is made, and the divorce has become final, it is possible to obtain a Certificate of Divorce - this is Supreme Court Family [[Form F56 Certificate of Divorce|Form F56]].

==How can I apply for it?==

There are a few different ways to apply. Note that there may be slight differences in process between different registries in BC, but the following generally applies:

===In person - If you have a lawyer===

The lawyer will go to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#A copy of the [[Divorce#The_divorce_order|divorce order]] (make a photocopy of the one you have and keep the original);
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]);
#A completed Certificate of Divorce ([[Form F56 Certificate of Divorce|Form F56]]); and
#$40 for each certificate.

===In person - If you don't have a lawyer===

You, or a friend on your behalf, can go in person to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#Your court file number;
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]) - some Registries may have copies available at the counter;
#$40 for each certificate. Cash, Interac, and Personal Cheques with 2 pieces of ID are accepted; and
#It is helpful if you have a copy of your Divorce Order, but it is not required. Providing a copy may expedite the court registry's ability to process your request. It is a good idea to bring government-issued photo ID, like your driver's license or passport.

===Applying by snail mail===
You can also make a written request by sending a letter to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce order is filed. Include with your letter:
#Your court file number (or the full names of both you and your ex-spouse as they appear on the Divorce Order);
#It is helpful if you include a copy of your Divorce Order, but not required. Providing a copy may expedite the court registry's ability to process your request;
#A self-addressed return envelope;
#Your telephone number; and
#A cheque or money order for $50 in Canadian dollars ($40 for each certificate + $10 mailing fee - if you want 2 certificates, you'd send $90) payable to the Minister of Finance. There is a $30 service fee for any dishonoured cheques.

==Notes==

===Court file number===
If you don't know where your divorce is filed or your court file number, call the [http://www.justice.gc.ca/eng/fl-df/divorce/crdp-bead.html Central Registry of Divorce Proceedings] at 613-957-4519 (or for the hearing impaired only - 1-800-267-7676) Monday to Friday, 9-4pm ET. They will be able to give you your File Number and confirm the Court Registry location where your divorce is filed. You will have to tell them your Date of Birth and the ex-spouse's date of birth (or the date of marriage).
}}

===Copy of Divorce Order exception===
If your divorce was finalized in BC prior to the year retained by the Supreme Court Registry where your divorce order was issued, you may be required to produce a copy of your Divorce Order before applying for a Certificate of Divorce. You can request a copy of your divorce order in writing by email, regular mail or fax to [http://www.courthouselibrary.ca/ItemDetails.aspx?Source=Asked+%26+Answered&ID=815bc8ec-fe53-607b-975f-ff0000fad974 BC Archives].

{{REVIEWED | reviewer = [[Audrey Jun]], February 11, 2016}}

{{JP Boyd on Family Law Navbox|type=how}}

[[Category:How Do I?|G]]
[[Category:Marriage, Separation & Divorce]]
[[Category:JP Boyd on Family Law]]

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How Do I Get my Certificate of Divorce?

2016-02-11T19:31:19Z

Audrey Jun: /* In person - If you don't have a lawyer */

{{JP Boyd on Family Law How Do I TOC|expanded=marriage}}

You do not need a Certificate of Divorce to make your divorce “legal” or “official”. If you ever have to show legal proof of your divorce, you can use your [[Divorce#The_divorce_order|divorce order]]. However, you can use the Certificate of Divorce to show legal proof of your divorce to third parties (for example, when you remarry) without giving away all the details in your divorce order. Some foreign jurisdictions may require a certificate if you are getting remarried.

==When can I get my Certificate?==

31 days after the divorce order is made, and the divorce has become final, it is possible to obtain a Certificate of Divorce - this is Supreme Court Family [[Form F56 Certificate of Divorce|Form F56]].

==How can I apply for it?==

There are a few different ways to apply. Note that there may be slight differences in process between different registries in BC, but the following generally applies:

===In person - If you have a lawyer===

The lawyer will go to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#A copy of the [[Divorce#The_divorce_order|divorce order]] (make a photocopy of the one you have and keep the original);
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]);
#A completed Certificate of Divorce ([[Form F56 Certificate of Divorce|Form F56]]); and
#$40 for each certificate.

===In person - If you don't have a lawyer===

You, or a friend on your behalf, can go in person to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#Your court file number;
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]) - some Registries may have copies available at the counter;
#$40 for each certificate. Cash, Interac, and Personal Cheques with 2 pieces of ID are accepted; and
#It is helpful if you have a copy of your Divorce Order, but it is not required. Providing a copy may expedite the court registry's ability to process your request. It is a good idea to bring government-issued photo ID, like your driver's license or passport.

===Applying by snail mail===
You can also make a written request by sending a letter to the Supreme Court Registry where the divorce order is filed. Include with your letter:
#Your court file number (or the full names of both you and your ex-spouse as they appear on the Divorce Order);
#It is helpful if you include a copy of your Divorce Order, but not required. Providing a copy may expedite the court registry's ability to process your request;
#A self-addressed return envelope;
#Your telephone number; and
#A cheque or money order for $50 in Canadian dollars ($40 for each certificate + $10 mailing fee - if you want 2 certificates, you'd send $90) payable to the Minister of Finance. There is a $30 service fee for any dishonoured cheques.

==Notes==

===Court file number===
If you don't know where your divorce is filed or your court file number, call the [http://www.justice.gc.ca/eng/fl-df/divorce/crdp-bead.html Central Registry of Divorce Proceedings] at 613-957-4519 (or for the hearing impaired only - 1-800-267-7676) Monday to Friday, 9-4pm ET. They will be able to give you your File Number and confirm the Court Registry location where your divorce is filed. You will have to tell them your Date of Birth and the ex-spouse's date of birth (or the date of marriage).
}}

===Copy of Divorce Order exception===
If your divorce was finalized in BC prior to the year retained by the Supreme Court Registry where your divorce order was issued, you may be required to produce a copy of your Divorce Order before applying for a Certificate of Divorce. You can request a copy of your divorce order in writing by email, regular mail or fax to [http://www.courthouselibrary.ca/ItemDetails.aspx?Source=Asked+%26+Answered&ID=815bc8ec-fe53-607b-975f-ff0000fad974 BC Archives].

{{REVIEWED | reviewer = [[Audrey Jun]], February 11, 2016}}

{{JP Boyd on Family Law Navbox|type=how}}

[[Category:How Do I?|G]]
[[Category:Marriage, Separation & Divorce]]
[[Category:JP Boyd on Family Law]]

{{Creative Commons for JP Boyd}}

How Do I Get my Certificate of Divorce?

2016-02-11T19:30:54Z

Audrey Jun: /* How can I apply for it? */

{{JP Boyd on Family Law How Do I TOC|expanded=marriage}}

You do not need a Certificate of Divorce to make your divorce “legal” or “official”. If you ever have to show legal proof of your divorce, you can use your [[Divorce#The_divorce_order|divorce order]]. However, you can use the Certificate of Divorce to show legal proof of your divorce to third parties (for example, when you remarry) without giving away all the details in your divorce order. Some foreign jurisdictions may require a certificate if you are getting remarried.

==When can I get my Certificate?==

31 days after the divorce order is made, and the divorce has become final, it is possible to obtain a Certificate of Divorce - this is Supreme Court Family [[Form F56 Certificate of Divorce|Form F56]].

==How can I apply for it?==

There are a few different ways to apply. Note that there may be slight differences in process between different registries in BC, but the following generally applies:

===In person - If you have a lawyer===

The lawyer will go to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#A copy of the [[Divorce#The_divorce_order|divorce order]] (make a photocopy of the one you have and keep the original);
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]);
#A completed Certificate of Divorce ([[Form F56 Certificate of Divorce|Form F56]]); and
#$40 for each certificate.

===In person - If you don't have a lawyer===

You, or a friend on your behalf, can go in person to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#Your court file number;
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]) - some Registries may have copies available at the counter;
#$40 for each certificate. Cash, Interac, and Personal Cheques with 2 pieces of ID are accepted; abd
#It is helpful if you have a copy of your Divorce Order, but it is not required. Providing a copy may expedite the court registry's ability to process your request. It is a good idea to bring government-issued photo ID, like your driver's license or passport.

===Applying by snail mail===
You can also make a written request by sending a letter to the Supreme Court Registry where the divorce order is filed. Include with your letter:
#Your court file number (or the full names of both you and your ex-spouse as they appear on the Divorce Order);
#It is helpful if you include a copy of your Divorce Order, but not required. Providing a copy may expedite the court registry's ability to process your request;
#A self-addressed return envelope;
#Your telephone number; and
#A cheque or money order for $50 in Canadian dollars ($40 for each certificate + $10 mailing fee - if you want 2 certificates, you'd send $90) payable to the Minister of Finance. There is a $30 service fee for any dishonoured cheques.

==Notes==

===Court file number===
If you don't know where your divorce is filed or your court file number, call the [http://www.justice.gc.ca/eng/fl-df/divorce/crdp-bead.html Central Registry of Divorce Proceedings] at 613-957-4519 (or for the hearing impaired only - 1-800-267-7676) Monday to Friday, 9-4pm ET. They will be able to give you your File Number and confirm the Court Registry location where your divorce is filed. You will have to tell them your Date of Birth and the ex-spouse's date of birth (or the date of marriage).
}}

===Copy of Divorce Order exception===
If your divorce was finalized in BC prior to the year retained by the Supreme Court Registry where your divorce order was issued, you may be required to produce a copy of your Divorce Order before applying for a Certificate of Divorce. You can request a copy of your divorce order in writing by email, regular mail or fax to [http://www.courthouselibrary.ca/ItemDetails.aspx?Source=Asked+%26+Answered&ID=815bc8ec-fe53-607b-975f-ff0000fad974 BC Archives].

{{REVIEWED | reviewer = [[Audrey Jun]], February 11, 2016}}

{{JP Boyd on Family Law Navbox|type=how}}

[[Category:How Do I?|G]]
[[Category:Marriage, Separation & Divorce]]
[[Category:JP Boyd on Family Law]]

{{Creative Commons for JP Boyd}}

How Do I Get my Certificate of Divorce?

2016-02-11T19:29:47Z

Audrey Jun:

{{JP Boyd on Family Law How Do I TOC|expanded=marriage}}

You do not need a Certificate of Divorce to make your divorce “legal” or “official”. If you ever have to show legal proof of your divorce, you can use your [[Divorce#The_divorce_order|divorce order]]. However, you can use the Certificate of Divorce to show legal proof of your divorce to third parties (for example, when you remarry) without giving away all the details in your divorce order. Some foreign jurisdictions may require a certificate if you are getting remarried.

==When can I get my Certificate?==

31 days after the divorce order is made, and the divorce has become final, it is possible to obtain a Certificate of Divorce - this is Supreme Court Family [[Form F56 Certificate of Divorce|Form F56]].

==How can I apply for it?==

There are a few different ways to apply. Note that there may be slight differences in process between different registries in BC, but the following generally applies:

===In person - If you have a lawyer===

The lawyer will go to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#A copy of the [[Divorce#The_divorce_order|divorce order]] (make a photocopy of the one you have and keep the original);
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]);
#A completed Certificate of Divorce ([[Form F56 Certificate of Divorce|Form F56]]); and
#$40 for each certificate.

===In person - If you don't have a lawyer===

You, or a friend on your behalf, can go in person to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#Your court file Number;
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]) - some Registries may have copies available at the counter;
#$40 for each certificate. Cash, Interac, and Personal Cheques with 2 pieces of ID are accepted; abd
#It is helpful if you have a copy of your Divorce Order, but it is not required. Providing a copy may expedite the court registry's ability to process your request. It is a good idea to bring government-issued photo ID, like your driver's license or passport.

===Applying by snail mail===
You can also make a written request by sending a letter to the Supreme Court Registry where the divorce order is filed. Include with your letter:
#Your court file Number (or the full names of both you and your ex-spouse as they appear on the Divorce Order);
#It is helpful if you include a copy of your Divorce Order, but not required. Providing a copy may expedite the court registry's ability to process your request;
#A self-addressed return envelope;
#Your telephone number; and
#A cheque or money order for $50 in Canadian dollars ($40 for each certificate + $10 mailing fee - if you want 2 certificates, you'd send $90) payable to the Minister of Finance. There is a $30 service fee for any dishonoured cheques.

==Notes==

===Court file number===
If you don't know where your divorce is filed or your court file number, call the [http://www.justice.gc.ca/eng/fl-df/divorce/crdp-bead.html Central Registry of Divorce Proceedings] at 613-957-4519 (or for the hearing impaired only - 1-800-267-7676) Monday to Friday, 9-4pm ET. They will be able to give you your File Number and confirm the Court Registry location where your divorce is filed. You will have to tell them your Date of Birth and the ex-spouse's date of birth (or the date of marriage).
}}

===Copy of Divorce Order exception===
If your divorce was finalized in BC prior to the year retained by the Supreme Court Registry where your divorce order was issued, you may be required to produce a copy of your Divorce Order before applying for a Certificate of Divorce. You can request a copy of your divorce order in writing by email, regular mail or fax to [http://www.courthouselibrary.ca/ItemDetails.aspx?Source=Asked+%26+Answered&ID=815bc8ec-fe53-607b-975f-ff0000fad974 BC Archives].

{{REVIEWED | reviewer = [[Audrey Jun]], February 11, 2016}}

{{JP Boyd on Family Law Navbox|type=how}}

[[Category:How Do I?|G]]
[[Category:Marriage, Separation & Divorce]]
[[Category:JP Boyd on Family Law]]

{{Creative Commons for JP Boyd}}

How Do I Get my Certificate of Divorce?

2016-02-11T19:23:59Z

Audrey Jun:

{{JP Boyd on Family Law How Do I TOC|expanded=marriage}}

You do not need a Certificate of Divorce to make your divorce “legal” or “official”. If you ever have to show legal proof of your divorce, you can use your [[Divorce#The_divorce_order|divorce order]]. However, you can use the Certificate of Divorce to show legal proof of your divorce to third parties (for example, when you remarry) without giving away all the details in your divorce order. Some foreign jurisdictions may require a certificate if you are getting remarried.

==When can I get my Certificate?==

31 days after the divorce order is made, and the divorce has become final, it is possible to obtain a Certificate of Divorce - this is Supreme Court Family [[Form F56 Certificate of Divorce|Form F56]].

==How can I apply for it?==

There are a few different ways to apply. Note that there may be slight differences in process between different registries in BC, but the following generally applies:

===In person - If you have a lawyer===

The lawyer will go to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#A copy of the [[Divorce#The_divorce_order|divorce order]] (make a photocopy of the one you have and keep the original);
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]);
#A completed Certificate of Divorce ([[Form F56 Certificate of Divorce|Form F56]]); and
#$40 for each certificate.

{{Tipsbox2
| width = 60%
| tips = If you don't know where your divorce is filed or your court file number, call the [http://www.justice.gc.ca/eng/fl-df/divorce/crdp-bead.html Central Registry of Divorce Proceedings] at 613-957-4519 (or for the hearing impaired only - 1-800-267-7676) Monday to Friday, 9-4pm ET. They will be able to give you your File Number and confirm the Court Registry location where your divorce is filed. You will have to tell them your Date of Birth and the ex-spouse's date of birth (or the date of marriage).
}}

===In person - If you don't have a lawyer===

You, or a friend on your behalf, can go in person to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#Your court file Number;
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]) - some Registries may have copies available at the counter;
#$40 for each certificate. Cash, Interac, and Personal Cheques with 2 pieces of ID are accepted; abd
#It is helpful if you have a copy of your Divorce Order, but it is not required. Providing a copy may expedite the court registry's ability to process your request. It is a good idea to bring government-issued photo ID, like your driver's license or passport.

{{Tipsbox2
| width = 60%
| tips = If your divorce was finalized in BC prior to the year retained by the Supreme Court Registry where your divorce order was issued, you may be required to produce a copy of your Divorce Order before applying for a Certificate of Divorce. You can request a copy of your divorce order in writing by email, regular mail or fax to [http://www.courthouselibrary.ca/ItemDetails.aspx?Source=Asked+%26+Answered&ID=815bc8ec-fe53-607b-975f-ff0000fad974 BC Archives].
}}

===Applying by snail mail===
You can also make a written request by sending a letter to the Supreme Court Registry where the divorce order is filed. Include with your letter:
#Your court file Number (or the full names of both you and your ex-spouse as they appear on the Divorce Order);
#It is helpful if you include a copy of your Divorce Order, but not required. Providing a copy may expedite the court registry's ability to process your request;
#A self-addressed return envelope;
#Your telephone number; and
#A cheque or money order for $50 in Canadian dollars ($40 for each certificate + $10 mailing fee - if you want 2 certificates, you'd send $90) payable to the Minister of Finance. There is a $30 service fee for any dishonoured cheques.

{{REVIEWED | reviewer = [[Audrey Jun]], February 11, 2016}}

{{JP Boyd on Family Law Navbox|type=how}}

[[Category:How Do I?|G]]
[[Category:Marriage, Separation & Divorce]]
[[Category:JP Boyd on Family Law]]

{{Creative Commons for JP Boyd}}

Template:Tipsbox2

2016-02-11T19:23:36Z

Audrey Jun: Created page with "{| style="width:{{{width|50%}}}; background:#f9f9f9; border:1px solid gray; font-size:100%;" cellpadding="5" cellspacing="0" align="center" | width="80px"| File:PLStips-ico..."

{| style="width:{{{width|50%}}}; background:#f9f9f9; border:1px solid gray; font-size:100%;" cellpadding="5" cellspacing="0" align="center"
| width="80px"| [[File:PLStips-icon.gif|center|link=]] || valign="middle" | {{{tips|{{{2}}} }}}
|}

How Do I Get my Certificate of Divorce?

2016-02-11T19:19:25Z

Audrey Jun:

{{JP Boyd on Family Law How Do I TOC|expanded=marriage}}

You do not need a Certificate of Divorce to make your divorce “legal” or “official”. If you ever have to show legal proof of your divorce, you can use your [[Divorce#The_divorce_order|divorce order]]. However, you can use the Certificate of Divorce to show legal proof of your divorce to third parties (for example, when you remarry) without giving away all the details in your divorce order. Some foreign jurisdictions may require a certificate if you are getting remarried.

==When can I get my Certificate?==

31 days after the divorce order is made, and the divorce has become final, it is possible to obtain a Certificate of Divorce - this is Supreme Court Family [[Form F56 Certificate of Divorce|Form F56]].

==How can I apply for it?==

There are a few different ways to apply. Note that there may be slight differences in process between different registries in BC, but the following generally applies:

===In person - If you have a lawyer===

The lawyer will go to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#A copy of the [[Divorce#The_divorce_order|divorce order]] (make a photocopy of the one you have and keep the original);
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]);
#A completed Certificate of Divorce ([[Form F56 Certificate of Divorce|Form F56]]); and
#$40 for each certificate.

{{Tipsbox
| width = 60%
| tips = If you don't know where your divorce is filed or your court file number, call the [http://www.justice.gc.ca/eng/fl-df/divorce/crdp-bead.html Central Registry of Divorce Proceedings] at 613-957-4519 (or for the hearing impaired only - 1-800-267-7676) Monday to Friday, 9-4pm ET. They will be able to give you your File Number and confirm the Court Registry location where your divorce is filed. You will have to tell them your Date of Birth and the ex-spouse's date of birth (or the date of marriage).
}}

===In person - If you don't have a lawyer===

You, or a friend on your behalf, can go in person to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#Your court file Number;
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]) - some Registries may have copies available at the counter;
#$40 for each certificate. Cash, Interac, and Personal Cheques with 2 pieces of ID are accepted; abd
#It is helpful if you have a copy of your Divorce Order, but it is not required. Providing a copy may expedite the court registry's ability to process your request. It is a good idea to bring government-issued photo ID, like your driver's license or passport.

{{Tipsbox
| width = 60%
| tips = If your divorce was finalized in BC prior to the year retained by the Supreme Court Registry where your divorce order was issued, you may be required to produce a copy of your Divorce Order before applying for a Certificate of Divorce. You can request a copy of your divorce order in writing by email, regular mail or fax to [http://www.courthouselibrary.ca/ItemDetails.aspx?Source=Asked+%26+Answered&ID=815bc8ec-fe53-607b-975f-ff0000fad974 BC Archives].
}}

===Applying by snail mail===
You can also make a written request by sending a letter to the Supreme Court Registry where the divorce order is filed. Include with your letter:
#Your court file Number (or the full names of both you and your ex-spouse as they appear on the Divorce Order);
#It is helpful if you include a copy of your Divorce Order, but not required. Providing a copy may expedite the court registry's ability to process your request;
#A self-addressed return envelope;
#Your telephone number; and
#A cheque or money order for $50 in Canadian dollars ($40 for each certificate + $10 mailing fee - if you want 2 certificates, you'd send $90) payable to the Minister of Finance. There is a $30 service fee for any dishonoured cheques.

{{REVIEWED | reviewer = [[Audrey Jun]], February 11, 2016}}

{{JP Boyd on Family Law Navbox|type=how}}

[[Category:How Do I?|G]]
[[Category:Marriage, Separation & Divorce]]
[[Category:JP Boyd on Family Law]]

{{Creative Commons for JP Boyd}}

How Do I Get my Certificate of Divorce?

2016-02-11T18:52:26Z

Audrey Jun:

{{JP Boyd on Family Law How Do I TOC|expanded=marriage}}

You do not need a Certificate of Divorce to make your divorce “legal” or “official”. If you ever have to show legal proof of your divorce, you can use your [[Divorce#The_divorce_order|divorce order]]. However, you can use the Certificate of Divorce to show legal proof of your divorce to third parties (for example, when you remarry) without giving away all the details in your divorce order.

==When can I get my Certificate?==

31 days after the divorce order is made, and the divorce has become final, it is possible to obtain a Certificate of Divorce - this is Supreme Court Family [[Form F56 Certificate of Divorce|Form F56]].

==How can I apply for it?==

There are a few different ways to apply. Note that there may be slight differences in process between different registries in BC, but the following generally applies:

===In person - If you have a lawyer===

The lawyer will go to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed<ref name="divfiled">test</ref>with:
#A copy of the [[Divorce#The_divorce_order|divorce order]] (make a photocopy of the one you have and keep the original);
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]);
#A completed Certificate of Divorce ([[Form F56 Certificate of Divorce|Form F56]]); and
#$40 for each certificate.

===In person - If you don't have a lawyer===

You, or a friend on your behalf, can go in person to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#Your court File Number<ref name=divfiled />;
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]) - some Registries may have copies available at the counter;
#$40 for each certificate. Cash, Interac, and Personal Cheques with 2 pieces of ID are accepted;
#It is helpful if you have a copy of your Divorce Order, but it is not required<ref name=divfiled2 />If your divorce was finalized in BC prior to the year retained by the Supreme Court Registry where your divorce order was issued, you may be required to produce a copy of your Divorce Order before applying for a Certificate of Divorce. You can request a copy of your divorce order in writing by email, regular mail or fax to [http://www.courthouselibrary.ca/ItemDetails.aspx?Source=Asked+%26+Answered&ID=815bc8ec-fe53-607b-975f-ff0000fad974 BC Archives].</ref>. Providing a copy may expedite the court registry's ability to process your request. It is a good idea to bring ID, like your driver's license or passport.

===Applying by Snail Mail===
You can also make a written request by sending a letter to the Supreme Court Registry where the divorce order is filed. Include with your letter:
#Your court File Number<ref name=divfiled /> (or the full names of both you and your ex-spouse as they appear on the Divorce Order);
#It is helpful if you include a copy of your Divorce Order, but not required**. Providing a copy may expedite the court registry's ability to process your request;
#A self-addressed return envelope;
#Your telephone number;
#A cheque or money order for $50 in Canadian dollars ($40 for each certificate + $10 mailing fee - if you want 2 certificates, you'd send $90) payable to the Minister of Finance. There is a $30 service fee for any dishonoured cheques.

{{reflist}}

{{REVIEWED | reviewer = [[Audrey Jun]], February 11, 2016}}

{{JP Boyd on Family Law Navbox|type=how}}

[[Category:How Do I?|G]]
[[Category:Marriage, Separation & Divorce]]
[[Category:JP Boyd on Family Law]]

{{Creative Commons for JP Boyd}}

How Do I Get my Certificate of Divorce?

2016-02-11T18:51:46Z

Audrey Jun:

{{JP Boyd on Family Law How Do I TOC|expanded=marriage}}

You do not need a Certificate of Divorce to make your divorce “legal” or “official”. If you ever have to show legal proof of your divorce, you can use your [[Divorce#The_divorce_order|divorce order]]. However, you can use the Certificate of Divorce to show legal proof of your divorce to third parties (for example, when you remarry) without giving away all the details in your divorce order.

==When can I get my Certificate?==

31 days after the divorce order is made, and the divorce has become final, it is possible to obtain a Certificate of Divorce - this is Supreme Court Family [[Form F56 Certificate of Divorce|Form F56]].

==How can I apply for it?==

There are a few different ways to apply. Note that there may be slight differences in process between different registries in BC, but the following generally applies:

===In person - If you have a lawyer===

The lawyer will go to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed<ref name=divfiled>test</ref>with:
#A copy of the [[Divorce#The_divorce_order|divorce order]] (make a photocopy of the one you have and keep the original);
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]);
#A completed Certificate of Divorce ([[Form F56 Certificate of Divorce|Form F56]]); and
#$40 for each certificate.

===In person - If you don't have a lawyer===

You, or a friend on your behalf, can go in person to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#Your court File Number<ref name=divfiled />;
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]) - some Registries may have copies available at the counter;
#$40 for each certificate. Cash, Interac, and Personal Cheques with 2 pieces of ID are accepted;
#It is helpful if you have a copy of your Divorce Order, but it is not required<ref name=divfiled2 />If your divorce was finalized in BC prior to the year retained by the Supreme Court Registry where your divorce order was issued, you may be required to produce a copy of your Divorce Order before applying for a Certificate of Divorce. You can request a copy of your divorce order in writing by email, regular mail or fax to [http://www.courthouselibrary.ca/ItemDetails.aspx?Source=Asked+%26+Answered&ID=815bc8ec-fe53-607b-975f-ff0000fad974 BC Archives].</ref>. Providing a copy may expedite the court registry's ability to process your request. It is a good idea to bring ID, like your driver's license or passport.

===Applying by Snail Mail===
You can also make a written request by sending a letter to the Supreme Court Registry where the divorce order is filed. Include with your letter:
#Your court File Number<ref name=divfiled /> (or the full names of both you and your ex-spouse as they appear on the Divorce Order);
#It is helpful if you include a copy of your Divorce Order, but not required**. Providing a copy may expedite the court registry's ability to process your request;
#A self-addressed return envelope;
#Your telephone number;
#A cheque or money order for $50 in Canadian dollars ($40 for each certificate + $10 mailing fee - if you want 2 certificates, you'd send $90) payable to the Minister of Finance. There is a $30 service fee for any dishonoured cheques.

{{reflist}}

{{REVIEWED | reviewer = [[Audrey Jun]], February 11, 2016}}

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[[Category:Marriage, Separation & Divorce]]
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How Do I Get my Certificate of Divorce?

2016-02-11T18:50:30Z

Audrey Jun:

{{JP Boyd on Family Law How Do I TOC|expanded=marriage}}

You do not need a Certificate of Divorce to make your divorce “legal” or “official”. If you ever have to show legal proof of your divorce, you can use your [[Divorce#The_divorce_order|divorce order]]. However, you can use the Certificate of Divorce to show legal proof of your divorce to third parties (for example, when you remarry) without giving away all the details in your divorce order.

==When can I get my Certificate?==

31 days after the divorce order is made, and the divorce has become final, it is possible to obtain a Certificate of Divorce - this is Supreme Court Family [[Form F56 Certificate of Divorce|Form F56]].

==How can I apply for it?==

There are a few different ways to apply. Note that there may be slight differences in process between different registries in BC, but the following generally applies:

===In person - If you have a lawyer===

The lawyer will go to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed<ref name=divfiled>If you don't know where your divorce is filed or your file number, call the [http://www.justice.gc.ca/eng/fl-df/divorce/crdp-bead.html Central Registry of Divorce Proceedings] at 613-957-4519 (or for the hearing impaired only - 1-800-267-7676) Monday to Friday, 9-4pm ET. They will be able to give you your File Number and confirm the Court Registry location where your divorce is filed. You will have to tell them your Date of Birth and the ex-spouse's date of birth (or the date of marriage).</ref>with:
#A copy of the [[Divorce#The_divorce_order|divorce order]] (make a photocopy of the one you have and keep the original);
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]);
#A completed Certificate of Divorce ([[Form F56 Certificate of Divorce|Form F56]]); and
#$40 for each certificate.

===In person - If you don't have a lawyer===

You, or a friend on your behalf, can go in person to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed with:
#Your court File Number<ref name=divfiled />;
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]) - some Registries may have copies available at the counter;
#$40 for each certificate. Cash, Interac, and Personal Cheques with 2 pieces of ID are accepted;
#It is helpful if you have a copy of your Divorce Order, but it is not required<ref name=divfiled2 />If your divorce was finalized in BC prior to the year retained by the Supreme Court Registry where your divorce order was issued, you may be required to produce a copy of your Divorce Order before applying for a Certificate of Divorce. You can request a copy of your divorce order in writing by email, regular mail or fax to [http://www.courthouselibrary.ca/ItemDetails.aspx?Source=Asked+%26+Answered&ID=815bc8ec-fe53-607b-975f-ff0000fad974 BC Archives].</ref>. Providing a copy may expedite the court registry's ability to process your request. It is a good idea to bring ID, like your driver's license or passport.

===Applying by Snail Mail===
You can also make a written request by sending a letter to the Supreme Court Registry where the divorce order is filed. Include with your letter:
#Your court File Number<ref name=divfiled /> (or the full names of both you and your ex-spouse as they appear on the Divorce Order);
#It is helpful if you include a copy of your Divorce Order, but not required**. Providing a copy may expedite the court registry's ability to process your request;
#A self-addressed return envelope;
#Your telephone number;
#A cheque or money order for $50 in Canadian dollars ($40 for each certificate + $10 mailing fee - if you want 2 certificates, you'd send $90) payable to the Minister of Finance. There is a $30 service fee for any dishonoured cheques.

{{reflist}}

{{REVIEWED | reviewer = [[Audrey Jun]], February 11, 2016}}

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How Do I Get my Certificate of Divorce?

2016-02-11T18:43:31Z

Audrey Jun:

{{JP Boyd on Family Law How Do I TOC|expanded=marriage}}

You do not need a Certificate of Divorce to make your divorce “legal” or “official”. If you ever have to show legal proof of your divorce, you can use your [[Divorce#The_divorce_order|divorce order]]. However, you can use the Certificate of Divorce to show legal proof of your divorce to third parties (for example, when you remarry) without giving away all the details in your divorce order.

==When can I get my Certificate?==

31 days after the divorce order is made, and the divorce has become final, it is possible to obtain a Certificate of Divorce - this is Supreme Court Family [[Form F56 Certificate of Divorce|Form F56]].

==How can I apply for it?==

There are a few different ways to apply. Note that there may be slight differences in process between different registries in BC, but the following generally applies:

===In person - If you have a lawyer===

The lawyer will go to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed* with:
#A copy of the [[Divorce#The_divorce_order|divorce order]] (make a photocopy of the one you have and keep the original);
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]);
#A completed Certificate of Divorce ([[Form F56 Certificate of Divorce|Form F56]]); and
#$40 for each certificate.

===In person - If you don't have a lawyer===

You, or a friend on your behalf, can go in person to the [http://www.clicklaw.bc.ca/helpmap/service/1014 Supreme Court Registry] where the divorce is filed* with:
#Your court File Number*;
#A completed Requisition ([[Form F17 Requisition (General)|Form F17]]) - some Registries may have copies available at the counter;
#$40 for each certificate. Cash, Interac, and Personal Cheques with 2 pieces of ID are accepted;
#It is helpful if you have a copy of your Divorce Order, but it is not required**. Providing a copy may expedite the court registry's ability to process your request. It is a good idea to bring ID, like your driver's license or passport.

===Applying by Snail Mail===
You can also make a written request by sending a letter to the Supreme Court Registry where the divorce order is filed. Include with your letter:
#Your court File Number* (or the full names of both you and your ex-spouse as they appear on the Divorce Order);
#It is helpful if you include a copy of your Divorce Order, but not required**. Providing a copy may expedite the court registry's ability to process your request;
#A self-addressed return envelope;
#Your telephone number;
#A cheque or money order for $50 in Canadian dollars ($40 for each certificate + $10 mailing fee - if you want 2 certificates, you'd send $90) payable to the Minister of Finance. There is a $30 service fee for any dishonoured cheques.

*If you don't know where your divorce is filed or your file number, call the [http://www.justice.gc.ca/eng/fl-df/divorce/crdp-bead.html Central Registry of Divorce Proceedings] at 613-957-4519 (or for the hearing impaired only - 1-800-267-7676) Monday to Friday, 9-4pm ET. They will be able to give you your File Number and confirm the Court Registry location where your divorce is filed. You will have to tell them your Date of Birth and the ex-spouse's date of birth (or the date of marriage).

**If your divorce was finalized in BC prior to the year retained by the Supreme Court Registry where your divorce order was issued, you may be required to produce a copy of your Divorce Order before applying for a Certificate of Divorce. You can request a copy of your divorce order in writing by email, regular mail or fax to [http://www.courthouselibrary.ca/ItemDetails.aspx?Source=Asked+%26+Answered&ID=815bc8ec-fe53-607b-975f-ff0000fad974 BC Archives].

{{REVIEWED | reviewer = [[Audrey Jun]], February 11, 2016}}

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How Do I Get Divorced?

2015-11-07T00:01:05Z

Audrey Jun:

{{JP Boyd on Family Law How Do I TOC|expanded=marriage}}
{{LSSbadge
|resourcetype = a self-help guide for
|link = [http://www.familylaw.lss.bc.ca/guides/divorce/ doing your own uncontested divorce]
}}

The only way to get divorced in Canada is by a court order, and to get a court order you have to start a court proceeding. (Only married spouses need to get divorced; the relationships of unmarried spouses are over when they separate.)

You must have lived in the province in which you are starting the court proceeding for at least one year before you can get started, and you must start your court proceeding in the Supreme Court.

The court proceeding can include claims beside a divorce order; typically people also ask for orders about the care of children, the payment of child support and spousal support, and the division of property and debt.

However, you'll be in for a fight if you and your spouse don't agree about the orders the court should make. This discussion assumes that the only order anyone is asking for is a divorce order.

==Forms involved==
{| class="wikitable sortable" border="1"
|+
|-
! scope="col" class="sortable"| Number
! scope="col" class="sortable" | Name
! scope="col" class="unsortable" | Blank PDF
! scope="col" class="unsortable" | Blank Word
! scope="col" class="unsortable" | Blank HTML
! scope="col" class="unsortable" | Completed Example
! scope="col" class="unsortable" | Other Resources
|-
{{:Registration of Divorce Proceedings (Form)}}
|-
{{:Form F3 Notice of Family Claim}}
|-
{{:Form F1 Notice of Joint Family Claim}}
|-
{{:Form F15 Affidavit of Personal Service}}
|-
{{:Form F35 Requisition (Divorce)}}
|-
{{:Form F17 Requisition (General)}}
|-
{{:Form F38 Affidavit Desk Order Divorce}}
|-
{{:Form F37 Child Support Affidavit}}
|-
{{:Form F36 Certificate of Pleadings}}
|-
{{:Form F52 Final Order}}
|}

==Begin the court proceeding==

You will need to file a [[Form F3 Notice of Family Claim|Notice of Family Claim]] in Form F3, and attach Schedule 1. Schedule 1 gives the court the information it needs to make the divorce order. (A special [[Form F1 Notice of Joint Family Claim|Notice of Joint Family Claim]] in Form F1 is used when a couple is asking for the divorce together.) There is a $210 filing fee.

You will be required to file an original copy of your marriage certificate with your Notice of Family Claim. This is the ugly brown document you got from the government, not the flowery thing you received from your officiant.

You will also be required to fill out a [[Registration of Divorce Proceedings (Form) |Registration of Divorce Proceeding form]]. This form must be completed using the [http://www.justice.gc.ca/eng/fl-df/divorce/pdf/form.pdf online form], printed off (do not complete it by hand), and submitted to the court registry with your [[Form F3 Notice of Family Claim|Notice of Family Claim]]. The court staff will send this document off to the [http://www.justice.gc.ca/eng/fl-df/divorce/crdp-bead.html Central Registry of Divorce Proceedings] in Ottawa.

==Serve your spouse==

Next, have your spouse personally served with a copy of the filed Notice of Family Claim. You can't do this yourself; you must get someone to do it for you. Your process server will need to swear an [[Form F15 Affidavit of Personal Service|Affidavit of Personal Service]] in Form F15 to prove that service was done and when it was done. (Couples who are filing the Joint Notice of Family Claim together don't need to have anyone served.)

==Wait==

Your spouse has 30 days to defend your claim. What you hope is that your spouse won't file a Response to Family Claim or Counterclaim, because if this happens you're going to have to settle your differences or deal with a trial. (Couples who are filing the Joint Notice of Family Claim together don't need to wait.)

==Apply for the divorce order==

Once the 30 days are up, you will need to pay an $80 fee and file the following documents:

#a [[Form F35 Requisition (Divorce)|Requisition]] in Form F35 asking for the divorce order,
#a [[Form F17 Requisition (General)|Requisition]] in Form F17 asking the court staff to search for a Response to Family Claim or Counterclaim,
#the Affidavit of Personal Service your process server prepared,
#a special [[Form F38 Affidavit Desk Order Divorce|affidavit]] in Form F38 giving the court the evidence it needs to make the divorce order,
#if there are children, a [[Form F37 Child Support Affidavit|Child Support Affidavit]] in Form F37 giving the court the evidence it needs to conclude that appropriate arrangements have been made for the support of the children,
#a blank [[Form F36 Certificate of Pleadings|Registrar's Certificate]] in Form F36, and
#a [[Form F52 Final Order|draft divorce order]] in Form F52.

(Couples who are filing the Joint Notice of Family Claim together can file these documents, without the Affidavit of Personal Service, as soon as they've filed their Notice of Family Claim.)

==Wait==

It can take anywhere from 60 to 120 days for the court staff and a judge to process your divorce application. Start calling the court registry at the 60-day mark to see if your order is ready.

==Pick up your divorce order==

When your order is ready, head down to the court registry and pick it up. You must then send a copy of the order to your spouse. Congratulations! 31 days from the date the order is made, you'll be divorced.

==For more information==

A much more detailed description of the divorce process, complete with blank court forms and examples of what they look like when they're filled out properly is available in chapter [[Separation & Divorce]] within the section [[Divorce]].

{{REVIEWED | reviewer = [[Thomas Wallwork]], September 27, 2014}}

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Beginner's Guide to Finding Legal Information

2015-10-23T15:54:36Z

Audrey Jun: white space

{{Cover Thumbnail
|filename = BGLIbookcover.png
|title = ''Beginner's Guide to Finding Legal Information''}}
{{Export_Badge
|SavedBookName = Beginners_Guide_to_Finding_Legal_Information
}}
'''''Beginner’s Guide to Finding Legal Information''''' explains how to find legal information in British Columbia. It also provides links to many more self-help resources and guides. This guide is a starting point and is not meant to be exhaustive. It explains the law and legal procedures in general, and is not intended to give legal advice on your particular legal problem.

== Contents ==

*[[Introduction to Beginner's Guide to Finding Legal Information|'''Introduction''']]

=== Understanding the Law ===
* '''[[How the Law Works in Canada]]'''
** [[How the Law Works in Canada#What is legislation? | What is legislation?]] {{·}} [[How the Law Works in Canada#What is case law? | What is case law?]]

=== Understanding Your Legal Problem ===
* '''[[What Is My Legal Topic and What Are My Rights?]]'''
* '''[[Which Area of Law Does My Problem Fall Under?]]'''
** [[Which Area of Law Does My Problem Fall Under?#General civil law | General civil law]] {{·}} [[Which Area of Law Does My Problem Fall Under?#Family law | Family law]] {{·}} [[Which Area of Law Does My Problem Fall Under?#Criminal law | Criminal law]]
* '''[[How Do I Find the Laws That Concern My Legal Problem?]]'''

=== Taking Action ===
* '''[[Do I Need to Go to Court?]]'''
* '''[[Which Court Do I Need to Go to?]]'''
* '''[[How Do I Find Court Forms?]]'''
* '''[[How Do I Find Case Law?]]'''
* '''[[How Do I Find Out About Court Procedures?]]'''
* '''[[Where Can I Find Help with My Legal Problem?]]'''

=== Using Legal Information ===
* '''[[Primary Sources]]'''
* '''[[Secondary Resources and How to Find Them]]'''
* '''[[How Can I Tell If a Secondary Resource Is Reliable or If I Should Use It?]]'''
* '''[[Recommended Secondary Resources]]'''
** [[Recommended Secondary Resources#Clicklaw website | Clicklaw website]] {{·}} [[Recommended Secondary Resources#Legal dictionaries and glossaries | Legal dictionaries and glossaries]] {{·}} [[Recommended Secondary Resources#Research resources at Courthouse Libraries BC | Research resources at Courthouse Libraries BC]] {{·}} [[Recommended Secondary Resources#Online guides to legal research | Online guides to legal research]] {{·}} [[Recommended Secondary Resources#More recommended online resources | More recommended online resources]]

==Creative Commons==
{{Creative Commons for Beginner's Guide to Finding Legal Information}}

{{Beginner's Guide to Finding Legal Information Navbox}}
__NOTOC__
__NOGLOSSARY__
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I Want to Get My Affairs in Order in Case I Become Incapable

2015-09-30T18:35:41Z

Audrey Jun:

{{Template:Legal Help Guide TOC}}

There are a number of options for you to make sure the people you trust are appointed to help you manage your affairs now or in the future:

* '''Enduring Power of Attorney''', or '''EPA''': A regular '''power of attorney''' is a legal document that you can make to appoint someone to be your "attorney". You can give this person the power to deal with your financial and legal affairs. You must be considered mentally capable when making a power of attorney, and it ends if you become incapable. However, you can make the power of attorney '''enduring''', so that your attorney can still act on your behalf if you are later considered mentally incapable. A power of attorney, enduring or not, does not include authority for health care or personal care decisions.

*'''Representation Agreement Section 9 (RA9)''': A representation agreement is a legal document you can make to appoint one or more persons as your representative. There are two types of Representation Agreements (Section 7 or Section 9) and different capability requirements for each:
**A Section 9 RA is for people who are capable of understanding the nature and consequences of making the agreement.
**A Section 7 RA has no specific capability requirements, and is available to people even if they are incapable of making a contract, managing their health care, personal care or legal matters, or the routine management of their financial affairs. (See [[I want to help a friend or relative manage their affairs]])
:If you meet the requirements for a RA9, you can grant broader powers to your representative to assist with health care and/or personal care decisions. For example, an RA9 can cover decisions about refusing life support, if specified in the agreement.

An enduring power of attorney and RA9 combined can broadly cover the four areas of concern in personal planning: legal, financial, health and personal.

==First steps==

===Power of Attorney and Enduring Power of Attorney===

#Find out about your options. You will want to consider whether to do a ''general'' power of attorney to give your attorney a wide range of powers, or one limited to specific tasks. For example, some banks provide power of attorney forms to appoint someone to deal with your financial affairs at that specific bank and for no other purpose. You will also want to consider whether you want your power of attorney to be enduring. See the publications [http://www.clicklaw.bc.ca/resource/1276 Power of Attorney and Representation Agreements] and [http://www.clicklaw.bc.ca/resource/2262 Enduring Power of Attorney Fact Sheet] for more information.
#Identify an ''attorney'' (and a possible alternate). This should be someone you trust with your money (for example, a spouse, friend or immediate family member). The word ''attorney'' as used here does not mean and does not have to be a lawyer. You can choose who to appoint, with some exceptions. For example, a paid nurse who looks after you cannot be appointed (unless that person is your child, parent or spouse). If you appoint someone under the age of 19, they cannot act until they are an adult.
#Find help to make the document. The power of attorney (enduring or not) can be a complicated document to make and execute properly. There are specific rules around the wording of clauses, witnessing and signing requirements. There are also special rules if you include real estate. It is a good idea to consult a lawyer or a notary public who is familiar with drafting personal planning documents, so that your intentions are properly expressed.

===Representation Agreement Section 9 (RA9)===

#See the publication [http://www.clicklaw.bc.ca/resource/2364 Representation Agreement Overview] to consider your options.
#Identify the potential representative(s), alternates and monitor. There are multiple roles that people can have in the agreement.
#Make a Representation Agreement. See the resource [http://www.clicklaw.bc.ca/resource/2493 Legal forms for Representation Agreements] which contain guidance and standard forms for different types of Representation Agreements. You can also get help from a lawyer or notary who is familiar with drafting personal planning documents.

{{Tipsbox
| width = 60%
| tips = You must be at least 19 years of age to make a Representation Agreement in British Columbia.
}}
 
{{Tipsbox
| width = 60%
| tips = Some people refer to a "living will" or "advance care plan"— which are informal documents that express wishes and preferences for health care treatments if you become incapable of making those decisions. Although a living will or advance care plan-type document may be helpful to those you appoint, they are not legal documents in BC.
}}

==Where to get help==

See the Resource List in this Guide for a list of helpful resources. Your best bets are:
*[http://nidus.ca/ Nidus Personal Planning Resource Centre and Registry]: Free [http://www.nidus.ca/?page_id=6308 DIY RA9 forms], [http://www.nidus.ca/?page_id=6159 20 minute appointments for personal help] (in person in Vancouver or over the phone), [http://www.nidus.ca/?page_id=220 webinars].
**[http://www.clicklaw.bc.ca/resource/2518 The Nidus Guide to Personal Planning: Stay in Charge of Your Life]. This resource provides a good introduction and overview of the personal planning documents available in BC.
**[http://www.clicklaw.bc.ca/resource/2543 The Nidus Personal Planning Registry] is a service of the Nidus Personal Planning Resource Centre. The Registry lets you store your personal planning information, copies of your completed document(s), and other important documents like wills.
*[http://www.clicklaw.bc.ca/resource/1734 LSLAP Manual on Guardianship] by UBC Law Student Legal Advice Program.
*[http://www.clicklaw.bc.ca/helpmap/service/1040 Access Pro Bono], [http://www.clicklaw.bc.ca/helpmap/service/1044 Lawyer Referral Service], and private bar lawyers.

{{REVIEWED | reviewer = [[Audrey Jun]], September 2015}}

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Rights and Responsibilities of Self-Represented Litigants

2015-09-17T20:01:58Z

Audrey Jun: Removed at personal request

{{JP Boyd on Family Law TOC}}
''This piece by the founding author of this Wikibook, [[JP Boyd |John-Paul Boyd]], first appeared on the Canadian legal news website [http://www.slaw.ca SLAW] in August 2015.''
==John-Paul Boyd, August 2015==
You are a "self-represented litigant" if you are involved in a court proceeding and are not represented by a lawyer. There is no rule that requires you to have a lawyer to represent you in court. Although court can be complicated and confusing at times, you have the right to represent yourself.

This information is about your rights and your responsibilities as a self-represented litigant involved in a civil court proceeding in Canada, and what you should expect from the judges, court staff and lawyers you will meet along the way.

==Lawyers and judges==
===Dealing with lawyers===
====You should expect to he treated with respect and courtesy by the other party's lawyer====
All Canadian lawyers are members of their province’s or territory’s law society. Each law society has a written code of conduct that describes the minimum standards of behaviour expected of their members. In general, these codes of conduct require lawyers to treat opposing parties who are not represented by counsel politely and in the same courteous manner as they would treat a fellow lawyer.

Of course, litigation can be difficult and emotional at times, and you must remember that the lawyer’s job is to represent his or her client, not you, and to advocate for his or her client’s interests, not your interests. Don’t mistake a lawyer’s position on behalf of his or her client as rudeness or incivility.

====You should expect to have your emails, letters and telephone calls to the other party’s lawyer returned reasonably promptly====
The law societies’ codes of conduct require lawyers to respond to communications reasonably promptly. This doesn’t mean right away or even the same day, but in general you should expect the lawyer to reply to your letter, email or telephone call within two or three weeks, and sooner if the issue is urgent.

It is possible that a lawyer may insist on communicating with you only in writing. Lawyers usually want to restrict communication like this because they want to keep a written record of everything that is said and to make sure that there are no misunderstandings.

You should not expect the lawyer to answer legal questions or give you legal advice. The lawyer is the lawyer for the other party, and law society rules prevent the lawyer from giving you legal advice. You should expect that any legal information the lawyer provides to you will be factual, correct and unbiased.

====You should expect the lawyer to keep his or her word====
The law societies’ codes of conduct require lawyers to act in good faith and to do the things they have told you or the court they would do. Although circumstances may change and it may become impossible or inappropriate for the lawyer to carry out a promise, the requirement to act in good faith means that the lawyer cannot promise to do something knowing that it can’t be done.

Lawyers may also make special promises called undertakings. A lawyer who gives or accepts an undertaking is required to fulfill that undertaking. The law societies take lawyers’ breaches of undertakings very seriously.

====What happens if the lawyer doesn’t do what he or she is supposed to do?====
Law societies say who can and cannot work as a lawyer and have the power to discipline their members. You have the right to complain to the lawyer’s law society if you believe that the lawyer has behaved improperly. You do not need a lawyer to make a complaint and there are no fees charged to make a complaint.

===Dealing with judges===
====You should expect the judge to treat you with respect and courtesy====
The job of the judge is to manage the steps in your court proceeding fairly and to make fair decisions when decisions are required. Fairness means, among other things, that the judge must listen to you carefully and must not treat you substantially differently than the judge treats the other party or the other lawyer.

Because the judge must also be fair to the other party and consider the needs of other people’s court proceedings, the judge may have to limit the time you have or ask you questions that help you get to the legal issues involved in your case. Don’t mistake the judge’s wish to help you or the other party, or to get through the other cases set for the same day, as rudeness or incivility.

====You should expect the judge to give you basic information about court procedures when you need it====
Fairness also means that the judge should give you information about court procedures so that you understand the rules you must follow and the steps in your court proceeding. Although the judge cannot give you legal advice or tell you how to manage your case, the judge will usually give you basic information about court procedures to that you can present your case as best you can.

Depending on the circumstances and the nature of your case, the judge may:

*explain court processes and procedures,
*ask whether you understand the court’s processes and procedures,
*refer you to organizations that may be able to help you prepare your case, and
*refer you to organizations that may be able to provide you with legal representation for your case.

You must not count on only the judge to give you information about court procedures as you prepare your case. You have an obligation to learn the rules of court and court procedures that apply to you and your court proceeding, and the judge cannot give you any assistance beyond basic information about court procedures.

====You should expect the judge to follow the rules of court and the law====
The rules of court govern every step of your court proceeding, and the judge must manage your court proceeding as the rules require. The rules of court also give the judge some flexibility to adapt the rules to special situations and to do things a bit differently than the rules normally require if it would be fair to everyone to do so.

The judge must also manage hearings and trials as the law requires. This includes following the rules of evidence and any legislation that is relevant to your court proceeding. You have an obligation to learn the rules of evidence and any legislation that applies to you and your court proceeding.

====You should expect the judge to give you a fair hearing====
The judge must hear your case, your evidence and all that you and the other lawyer or the other party have to say without bias and without favouring either you or the other party. Although the judge may decide to give you some leeway in how you follow the rules of court and court procedures, the judge must apply the law equally to you and to the other party, whether the other party has a lawyer or not.

Depending on the circumstances and the nature of your case, the judge may:

#provide you with information about the law and the rules of evidence;
#modify the traditional order of court processes or hearing evidence; and,
#question witnesses.

Because the judge must also be fair to the other party, to the witnesses who are being asked to give evidence and to the needs of other people’s court proceedings, the judge may have to limit the time you have to present your evidence or to explain why you want the result you are hoping to get. Don’t mistake the judge’s need to manage your hearing as efficiently as possible as unfairness.

====What happens if the judge doesn’t do what he or she is supposed to do?====
Judges of the provincial courts are governed by their province’s Chief Judge. Judges of the superior courts (Courts of Appeal, Supreme Courts and Courts of Queen’s Bench) are governed by the Canadian Judicial Council. Both the Chief Judges and the Canadian Judicial Council have expectations of how judges will conduct themselves and court proceedings.

You have the right to complain to the provincial court’s Chief Judge or to the Canadian Judicial Council if you believe that a judge involved in your case has behaved improperly. You do not need a lawyer to make a complaint and there are no fees charged to make a complaint.

However, it is important to know that you do not have the right to complain to the Chief Judge or to the Canadian Judicial Council about the result of a hearing or trial. If you are unhappy with the result of a hearing or trial, you will usually be able to appeal the decision to another court or take some other step to challenge or try to change the result.

==Court Staff==
===Dealing with court staff===
====You should expect to have your business processed accurately and reasonably quickly====
The people who work in the courthouse are employees of their province’s or territory’s government. Their jobs are to process new court proceedings, applications and documents coming into the courthouse, manage the files for each court proceeding and help the people coming in to the courthouse to do business. The court staff should treat you politely and process your business as quickly as they can in the circumstances.

Most courthouses are very busy. As a result, there are often lineups to speak to the court staff and there may be delays in processing your business. These lineups and delays are generally beyond the control of the court staff. This can be irritating at times as no one likes having to wait, but try to avoid taking out your frustration on the staff.

====You should expect court staff to give you accurate information about court processes====
The court staff should tell you about the steps you must take to complete court processes like beginning a court proceeding, making an application and looking at a court file, and the information they give you should be accurate.

In general, court staff can:
*refer you to sources of information about the law, the rules of court, court forms and court processes,
*briefly explain and answer questions about court processes,
*tell you what court forms you may need to file,
*provide you with blank court forms or tell you where you can find them,
*check your paperwork and court forms for completeness,
*tell you how to take your case to a hearing or trial before a judge, and
*perhaps estimate when your court proceeding will get to a hearing or trial.

However, the court staff cannot answer legal questions or give you legal advice. Court staff are not lawyers and cannot answer questions about the law or give legal advice. This can be very difficult at times, but only lawyers can give legal advice.

===How Court Staff Cannot Help===
Court staff members are responsible for managing the business of the courts and assisting people involved in court proceedings. They do not work for the judges of the court, they cannot make legal decisions about your case, and they do not have the authority of a judicial officer. In general, court staff cannot:

*give you legal advice,
*tell you exactly how to complete court forms or what orders to ask for,
*check your paperwork and court forms for accuracy,
*tell you what to say in court,
*predict the outcome of your court proceeding,
*interpret or enforce a court order,
*change a court order, or
*help you speak directly to a judge, except at the hearing or trial of your case.

==Your responsibilities==
====You have the obligation to learn about and follow the rules of court====
Everyone who is involved in a court proceeding must follow the rules of the court. The rules of court govern every step in a court proceeding, from how a proceeding is started, to how parties are served with court documents, to how applications are made, to how a trial is scheduled and run. The rules of court also say which court forms must be used for different tasks and set out deadlines for things like replying to claims and applications, filing documents and exchanging information.

Different courts have different rules. It’s important that the rules you are learning about are the rules that apply to your type of court proceeding and apply in the court where your court proceeding has been filed.

The rules of court apply to everybody, whether you have a lawyer or not, and there can be serious consequences if you don’t follow the rules. It is your responsibility to learn the rules that apply to you and your court proceeding. If you do not, you may lose the right to reply to a claim or an application, or you may lose the right to present certain kinds of evidence at your hearing or trial.

====You should learn about the law that applies to your court proceeding====
You should familiarize yourself with the law and legal principles that govern the issues in your court proceeding. You will be expected to prepare and present your own case at your hearing or trial.

It can be difficult to learn about the law that applies to your court proceeding, however you can usually get a good introduction to the relevant law and legal principles by meeting with a lawyer through a pro bono organization or through a lawyer referral service, or through a paid consultation with a private lawyer. You may also be eligible for legal representation or legal advice provided through a legal aid program.

Whether you are able to get legal advice or not, the rules of court and the laws of the federal government and the governments of each province and territory are available online, and university law libraries and most courthouse libraries are open to the public, although they may have restricted business hours. Many websites offer public legal information about the law, however you must make sure that the website you are reading provides information that applies in your province or territory.

====You have the obligation to treat court staff with politeness and courtesy====
Just as court staff members should be polite and courteous to you, you should be polite and courteous to court staff.

Court staff are required to follow the rules of court as well as the court’s internal procedures and protocols. These rules may prevent the court staff from processing your business as you would like or as quickly as you would like. Although this can be frustrating, it is important to remember that the court staff are doing their jobs in the manner they are required to do them, and that they can’t do much about how they are required to do them.

====You have the obligation to treat the judge with respect and to do as the judge directs====
The judge is responsible for managing and deciding your court proceeding and you owe respect to the judge for the job he or she must do, for the years the judge has spent learning the law and court procedures, and for his or her role in society. Among other things, this means standing, assuming you are able to stand, when you are speaking to the judge or when the judge enters or leaves the room, addressing the judge by the proper title, being polite when you are speaking to the judge and not interrupting when the judge is speaking.

The judge is required to make orders and directions as necessary to manage and decide your court proceeding. You must obey the judge’s orders and directions, whether you think they’re fair or not. If you do not, you can be punished for contempt of court and the court may be required to draw legal conclusions from your behaviour that will be bad for your case. If you don’t like a judge’s decision, you can usually appeal the decision to another court or take some other step to challenge or try to change the judge’s decision.

Judges do not like to punish people for contempt of court. They would always prefer that people do what they are required to do, within the time they are required to do it. However, if the judge must punish you for contempt of court, you may be fined, sentenced to jail or made to do something like community service.

==Hearings and trials==
===Fairness===
The role of the judge is to listen your case and your evidence in a neutral, impartial manner. Fairness may require the judge to give you assistance and information about court procedures and to accommodate the fact that you are representing yourself.

====You have the right to a fair hearing and a fair trial====
<blockquote>"Trial judges have a responsibility, particularly when dealing with unrepresented litigants, to strike a balance between the desire to resolve matters expeditiously, and the need to adjudicate cases in a principled manner that employs a fair process and preserves the appearance of justice."</blockquote>
:''[http://canlii.ca/t/4gz0 Wagg v. Canada]'', 2003 FCA 303

<blockquote>"Fundamental to any concept of procedural fairness must be a judicial duty to do whatever is possible to provide a fair and impartial process and prevent an unfair disadvantage to self-represented persons."
:''[http://canlii.ca/t/1q24f Seminatore v. Banks]'', 2006 NBCA 110

====What does fairness mean?====
<blockquote>''Fairness does not demand that the unrepresented litigant be able to present his case as effectively as a competent lawyer. Rather it demands that he have a fair opportunity to present his case to the best of his ability. [...] It does require that the trial judge treat the litigant fairly and attempt to accommodate the unrepresented litigants’ unfamiliarity with the process so as to permit them to present their case.''</blockquote>
:''[http://canlii.ca/t/1f9rl Davids v. Davids]'' (1999), 125 OAC 375

<blockquote>"A fair trial is a trial that appears fair, both from the perspective of the accused and the perspective of the community. [...] A fair trial is one that satisfies the public interest in getting at the truth, while preserving basic procedural fairness..."</blockquote>
:''[http://canlii.ca/t/1frhf R. v. Harrier]'', [1995] 3 SCR 562

====You have the right to be told about court procedures====
<blockquote>"A trial judge is required to ensure that a self-represented litigant has basic information about the procedure before the court."</blockquote>
:''[http://canlii.ca/t/1j5x0 Graylake Holsteins Ltd. v. Kzam Farms Ltd.]'', 2004 ABQB 828

<blockquote>''Self-represented parties are entitled to receive assistance from [the judge] to permit them to fairly present their case on the issues in question. This may include directions on procedure, the nature of the evidence that can be presented, the calling of witnesses, the form of questioning, requests for adjournments and even the raising of substantive and evidentiary issues.''</blockquote>
:''[http://canlii.ca/t/1nm66 Kainz v. Potter]'' 2006, 33 RFL (6th) 62 (Ont SC)

<blockquote>"Judges must give appropriate [information] and instruction at each stage of the trial [...] this duty also applies to judges dealing with interlocutory matters."</blockquote>
:''[http://canlii.ca/t/1s372 CT Comm Edmonton Ltd. v. Shaw Communications Inc.]'', 2007 ABQB 473

===The rules of court===
The rules of court govern how the court and court proceedings are managed. They describe the processes and court forms that must be used, they set out due dates and timelines for different processes, and they describe how hearings and trials are run. The rules of court apply to everyone.

====You have the obligation to comply with the rules of court====
<blockquote>"While self represented parties may be granted more leniency in terms of the amount of tie and number of opportunities they are given to comply with the Rules of Court, they are required to comply after being given a reasonable opportunity. There must be a fairness and an equal application of the law to both parties."</blockquote>
:''[http://canlii.ca/t/2438m Ferstay v. Dywidag Systems International]'', 2009 BCSC 833

====The judge may decide to exercise some latitude in how he or she applies the rules of court to you, but this latitude is not unlimited====
<blockquote>"A represented party is entitled to every possible and reasonable leeway to present a case in its entirety and [...] strict mechanical rules should be relaxed for unrepresented litigants."</blockquote>
:''[http://canlii.ca/t/1qlk0 Da Costa Soares v. Canada]'', 2007 FC 190

<blockquote>"The imperatives of the Rules may be mitigated somewhat [...] by the Court’s judicious exercise of the discretion to excuse compliance, but these are remedial measures and not a license for non-compliance."</blockquote>
:''[http://canlii.ca/t/1jfq1 Nowoselsky v. Canada]'', 2004 FCA 418

<blockquote>"While self represented parties may be granted more leniency in terms of the amount of tie and number of opportunities they are given to comply with the Rules of Court, they are required to comply after being given a reasonable opportunity. There must be a fairness and an equal application of the law to both parties."</blockquote>
:''[http://canlii.ca/t/2438m Ferstay v. Dywidag Systems International]'', 2009 BCSC 833

===Presenting your case===
You are responsible for preparing and presenting your case to the best of your ability. The judge may, in the interests of fairness, provide you with limited help in presenting your case, however the judge may not give you legal advice and the judge must remain impartial and unbiased.

====You have the right to basic help with procedure from the judge====
Judges are obliged to ensure that self-represented litigants “present their cases to the best of their abilities.”
:''[http://canlii.ca/t/fkglt Wood v. Wood]'', 2011 ONSC 1575

<blockquote>"A judge dealing with an unrepresented litigant has a responsibility to explain the proceedings and provide appropriate assistance."</blockquote>
:''[http://canlii.ca/t/1vn7j Staples v. Barnes]'', 2008 NLCA 9

<blockquote>"A trial judge may intervene to clarify witness testimony in order to understand the evidence. A trial judge may assist litigants by directing them away from irrelevancies and indicating what issues are determinative of the matter, or by asking the litigant to focus their questioning of witnesses on legally relevant factual issues."</blockquote>
:''[http://canlii.ca/t/21cwb Jimenez v. Azizbaigi]'', 2008 BCSC 1465

====The judge will decide how much procedural help is fair to give you====
<blockquote>"An unrepresented litigant has the right to a fair trial and a trial judge has a duty to take reasonable steps to assist a self-represented litigant."</blockquote>
:''[http://canlii.ca/t/1m6kk Smith v. Doucette]'', 2005 NSSC 327

<blockquote>"It is difficult for a judge to conduct a trial when one of the parties is self-represented. Two competing interests must be balanced. First the judge obviously cannot be an advocate for a party. At the same time the trial must be run as efficiently and fairly as possible. This may require the judge to offer guidance to a self-represented party. The appropriate balance falls within the judge’s discretion."</blockquote>
:''[http://canlii.ca/t/1m6lv Murphy v. Wulkowicz]'', 2005 NSCA 147

[[Category:JP Boyd on Family Law]]

Where to Get Help for Consumer Law Essentials

2015-09-17T17:53:59Z

Audrey Jun:

{{Consumer Law Wikibook TOC}}
Here are options for further information and assistance with consumer problems.

{| class="wikitable"

|- valign=top
| width="20%" | '''Access Pro Bono'''
| width="40%" | Offers clinics where lawyers provide free legal advice to people who cannot afford a lawyer and who cannot get legal aid.
| width="40%" | Phone: 604-878-7400 (Greater Vancouver) 
Phone toll-free: 1-877-762-6664 
[http://www.accessprobono.ca www.accessprobono.ca]
|- valign=top
| width="20%" | '''Better Business Bureau of Mainland BC'''
| width="40%" | Assists British Columbians (except on Vancouver Island; see below) in dealing with consumer problems.
| width="40%" | Phone: 604-682-2711 
Phone toll-free: 1-888-803-1222 
Office hours: 9:00am – 3:00pm 
Fax: 604-681-1544 
Email: contactus@mbc.bbb.org 
[http://www.mbc.bbb.org www.mbc.bbb.org]
|- valign="top"
| width="20%" | '''Better Business Bureau of Victoria'''
| width="40%" | Assists people on Vancouver Island in dealing with consumer problems.
| width="40%" | Phone: 250-386-6348 
Phone toll-free: 1-877-826-4222 
Office hours: 9:00am – 4:00pm 
Fax: 250-386-2367 
[http://www.vi.bbb.org www.vi.bbb.org]
|- valign="top"
| width="20%" | '''Canadian Anti-Fraud Centre (CAFC)'''
| width="40%" | The Canadian Anti-Fraud Centre investigates reports of scams whether by telephone, facsimile, postal mail or the internet. You can report fraud to the Canadian Anti-Fraud Centre.
| width="40%" | Phone toll-free: 1-888-495-8501 
Phone from overseas: 1-705-495-8501 
Fax: 1-888-654-9426 
Mail: Box 686 North Bay, Ontario P1B 8J8 
Email: info@antifraudcentre.ca 
[http://www.antifraudcentre-centreantifraude.ca www.antifraudcentre-centreantifraude.ca]
|- valign="top"
| width="20%" | '''Canadian Home Builders Association of BC'''
| width="40%" | Helps consumers plan their renovation and explains what to do when there are problems.
| width="40%" | Phone toll-free: 1-800-933-6777 
[http://www.gvhba.org www.gvhba.org]
|- valign="top"
| width="20%" | '''Clicklaw'''
| width="40%" | An Internet portal for public legal information and education in British Columbia.
| width="40%" | [http://www.clicklaw.bc.ca www.clicklaw.bc.ca]
|- valign="top"
| width="20%" | '''ConsumerInformation.ca'''
| width="40%" | An Internet portal site from Industry Canada’s Office of Consumer Affairs. It provides useful information about how to protect yourself from scams, including identity theft, advance fee loan scams, telephone scams and more.
| width="40%" | Email: consumer.information@ic.gc.ca 
[http://www.consumerinformation.ca www.consumerinformation.ca ]
|- valign="top"
| width="20%" | '''Competition Bureau'''
| width="40%" | The Competition Bureau deals with complaints about scams in the marketplace.
| width="40%" | Phone: 819-997-4282 
Phone toll-free: 1-800-348-5358 
Phone toll-free TTY: 1-800-642-3844 (for hearing-impaired only) 
[http://www.competitionbureau.gc.ca www.competitionbureau.gc.ca]
|- valign="top"
| width="20%" | '''Consumer Protection BC'''
| width="40%" | Consumer Protection BC is the regulator of a variety of industries and specific consumer contracts in the province. It’s mandate is to licence and inspect its regulated businesses, respond to consumer inquiries, investigate alleged violations of consumer protection laws and educate consumers and businesses about their rights and responsibilities under the laws they administer.
| width="40%" | Phone: 604-320-1667 
Phone toll-free: 1-888-564-9963 
Email: info@consumerprotectionbc.ca 
[http://www.consumerprotectionbc.ca www.consumerprotectionbc.ca]
|- valign="top"
| width="20%" | '''Credit Counseling Society of BC'''
| width="40%" | Provides assistance with debt problems.
| width="40%" | Phone toll-free: 1-888-527-8999 
Email: info@nomoredebts.org 
[http://www.nomoredebts.org www.nomoredebts.org]
|- valign="top"
| width="20%" | '''Dial-A-Law'''
| width="40%" | Dial-A-Law is a library of practical legal information. It is operated by the BC Branch of the Canadian Bar Association. You can listen to the Dial-A-Law scripts over the phone, or read them on the website. The scripts are available in English, Chinese and Punjabi.
| width="40%" | Phone: 604-687-4680 
Phone toll-free: 1-800-565-5297 
[http://www.dialalaw.org www.dialalaw.org]
|- valign="top"
| width="20%" | '''Lawyer Referral'''
| width="40%" | Offers advice and information from a lawyer for a fee of $25 plus taxes for the first 30 minutes.
| width="40%" | Phone: 604-687-3221 (Greater Vancouver) 
Phone toll-free: 1-800-663-1919 from anywhere else in the province. 
[http://www.cba.org/bc/initiatives/main/lawyer_referral.aspx www.cba.org/bc/]
|- valign="top"
| width="20%" | '''Mediate BC'''
| width="40%" | Mediate BC specializes in a wide variety of dispute resolution tools and processes.
| width="40%" | [http://www.mediatebc.com www.mediatebc.com]
|- valign="top"
| width="20%" | '''People's Law School'''
| width="40%" | View the online animations "You Owe Money" and "Someone Owes You Money."
| width="40%" | [http://www.publiclegaled.bc.ca/ www.publiclegaled.bc.ca]; click on "Media" and then "Videos"
|-
|}

{{REVIEWED | reviewer = [[People's Law School]], 2013}}

{{Consumer Law Wikibook Navbox}}

{{Creative Commons for PLS
|title = Consumer Law Wikibook
|author =
}}

Audrey Jun

2015-09-16T17:54:49Z

Audrey Jun:

<noinclude>{{Template:Clicklaw Wikibooks Contributor}}</noinclude>{{Contributor
| bio = '''Audrey Jun''' is the Clicklaw Program Coordinator at Courthouse Libraries BC. She manages the main [http://www.clicklaw.bc.ca Clicklaw] website, working to connect people across the varied public legal education landscape, and facilitates the Clicklaw Steering and Editorial Committees. She also sits on the [[:Category:Clicklaw Wikibooks Advisory Committee|Clicklaw Wikibooks Advisory Committee]] and otherwise supports the Clicklaw Wikibooks and development of the CLBC website.

Audrey was called to the BC Bar in 2014 and combines backgrounds in law, public legal education, and technology. She serves on the Board of Directors for [http://nidus.ca Nidus], a Clicklaw contributor.

| name = Audrey Jun
| image = [[image:audreyjun.jpg|117px|left|link=|Audrey Jun]]
| organization = Courthouse Libraries BC
| website = [http://www.clicklaw.bc.ca clicklaw.bc.ca], [http://www.courthouselibrary.ca courthouselibrary.ca]
}}

<noinclude>
__NOGLOSSARY__
[[Category:Contributor Bio|Jun]]
[[Category:Legal Help Guide Contributors|Jun]]
[[Category:Clicklaw Wikibooks Advisory Committee|Jun]]
[[Category:Clicklaw Wikibooks Advisory Committee (2015)|Jun]]

</noinclude>

File:New35.png

2015-06-25T06:13:33Z

Audrey Jun:

File:New30.png

2015-06-25T06:10:01Z

Audrey Jun:

File:New01.png

2015-06-25T06:08:36Z

Audrey Jun:

Enforcing Orders in Family Matters

2015-06-23T18:30:45Z

Audrey Jun:

{{JP Boyd on Family Law TOC|expanded = incourt}}{{JPBOFL Editor Badge
|ChapterEditors = [[Angela Thiele]] and [[Agnes Huang]]
}}

Having an order in a family law court proceeding is one thing; whether or not the terms of that order are followed is another. Although most people are prepared to follow the court orders they are bound by, when someone fails to honour his or her obligations, steps must be taken to secure compliance and enforce the order.

The section provides a brief comment on the enforcement of orders generally, and discusses the enforcement of orders for spousal and child support, including the role of the Family Maintenance Enforcement Program (FMEP), and the enforcement of orders for parenting time and contact. This section also looks at contempt of court applications.

==Some preliminary comments==

You sometimes hear people complaining about how the court didn't help them do this or that, or how the court failed to protect their children or their car or their chihuahua. A popular misunderstanding about the court system is that it monitors and enforces its own decisions. It doesn't. That's up to you.

In a very narrow sense, the job of the court is to hear the court proceedings brought before it and to make decisions about what is fair and appropriate in the circumstances of each proceeding. The person who begins the court proceeding, the ''claimant'', is responsible for managing his or her case and ultimately convincing the judge why the orders he or she is asking for are fair and appropriate. The person against whom the proceeding is brought, the ''respondent'', is responsible to defending him- or herself and explaining why the orders the claimant wants are unfair and inappropriate. The job of the judge is to manage the trial, listen to the parties and their evidence, and then decide what a fair and appropriate result is.

The judge's decision is a ''court order''. It is binding on the parties and they risk being held in contempt of court if they do something different than what the order requires.

Once the decision is made, the judge's job is over and it is each party's responsibility to see to it that the order is followed. The court is not responsible for supervising its own orders and monitoring people to make sure that they're obeying each term of every order it makes. If the respondent notices that the claimant isn't living up to a term of an order, the respondent is responsible for enforcing the order, whether the steps taken to enforce the order include asking the court to find the claimant in contempt, garnishing the claimant's wages, or something else altogether. The claimant has the same rights against the respondent.

It is not the court's job to enforce its orders, it's ''yours''. It's up to you to do something about it when someone fails to live up to an order.

The Supreme Court has the power to punish for ''contempt of court'', disobedience of its orders or directions, and this is one way you can seek to have your order enforced. Once you bring an application to court for a finding that the person breaching the order be "found in contempt," the court can punish that person by a fine, by jail time, by both a fine and some time in jail, or by something more creative. Again, it is your responsibility to make this application; the court won't do it for you.

Both the Supreme Court and the Provincial Court have the ability to enforce orders under laws like the ''[[Family Law Act]]'', the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]'' and the ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''. Enforcement under these laws requires making an application to court. This too is your responsibility.

It is true that the court system can be complex and challenging. That isn't an excuse for you not to take the steps that are required to enforce an order, and it doesn't give anyone an excuse to complain that the system didn't help them out. If you are finding it difficult to enforce an order, you should seriously consider hiring a lawyer to handle the matter for you, get some legal advice from a legal clinic or apply to a group like [http://accessprobono.ca/ Access Pro Bono] to see if they can introduce you to a lawyer who may be able to handle your case for free.

==Enforcing orders for child support and spousal support==

When a person obliged to pay child support or spousal support, the ''payor'', stops making those payments, a debt begins to accumulate in favour of the person entitled to the payments, the ''recipient''. This debt is known as the payor's ''arrears of support''.

Orders made under the federal ''[[Divorce Act]]'' can be enforced in British Columbia and in any other province. They may also be enforceable outside of Canada, depending on whether the place in which the order is to be enforced has an agreement with the federal government about the mutual enforcement of support orders.

Orders made under the provincial ''[[Family Law Act]]'' can be enforced in British Columbia, as well as in other provinces and territories when the orders are filed in the courts of those provinces and territories. They may also be enforceable outside of Canada, depending on whether the place in which the order is to be enforced is a "reciprocating jurisdiction" under the provincial ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''.

The website of the Department of Justice has a helpful [http://www.justice.gc.ca/eng/pi/fcy-fea/sup-pen/enf-exe/info_cont.html overview of support enforcement mechanisms] in Canada.

===The Family Maintenance Enforcement Program===

The [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program] (FMEP) is a government service operated by a private company under provincial legislation, the ''Family Maintenance Enforcement Act''. FMEP will monitor payments as they are made (or not made), and calculate the interest accumulating on any arrears. FMEP is a free service.

[http://clicklaw.bc.ca/helpmap/service/1082 Clicklaw's HelpMap] has contact information for FMEP.

====Recipients of support====

FMEP will enforce the provisions of support orders that are registered with the program. FMEP can take all the steps a private creditor can to collect on any outstanding arrears and will supervise monthly payments. There is no cost to register with FMEP and you do not need to hire a lawyer to have FMEP get to work on your behalf.

FMEP has extremely long arms, and the steps it can take to compel payment are substantial, including:

*the diversion of federal payments to the payor (like tax refunds and CPP benefits),
*the garnishment of wages,
*preventing a payor from renewing his or her driver's licence,
*seizing a payor's passport and federal licences like pilots' licences,
*putting a lien on property owned by the payor, and
*arranging for the payor's arrest.

For the payee, FMEP is a free service. While FMEP may not be as quick as a lawyer to collect on arrears or compel regular payment, I recommend its services.

If you choose to enroll with FMEP, you might want to stop any efforts you have made to collect from the payor, as your actions may conflict or interfere with steps being taken by FMEP and frustrate their process. As well, you'll need the permission of the Director of FMEP if you want to take any independent steps to collect support on your own.

====Payors of support====

People usually assume that when FMEP is involved it is the payor who is delinquent rather than the recipient. It can sometimes happen, usually as part of a larger dispute, that a recipient will refuse to accept the payor's support payments. If a payor simply throws up his or her hands and says "fine, I'll keep the money," the payor can find him- or herself seriously disadvantaged if the larger problem ever goes to a hearing, plus the payor may have to pay the money the recipient refused to accept!

Payors who find themselves in such a situation can enroll in FMEP, just the way that recipients do. FMEP will accept the payor's payments and attempt to forward them to the recipient. If the recipient still refuses to accept the payments, FMEP will keep the payments on behalf of the recipient as well as a record of the payments made. This will protect the payor's interests at the hearing of the larger problem, if there ever is one, and will save the payor from falling into arrears.

There is a serious potential downside for payors who enroll in FMEP. Once you have enrolled, you can't escape the program without the consent of the recipient. In other words, once you've enrolled you may very well find yourself stuck there until your support obligation ends.

===Collecting without the help of FMEP===

Recipients can take steps to enforce orders and family agreements without FMEP's involvement. Such actions can include:

*forcing the payor to produce financial statements, income tax returns and other financial information,
*getting an order to compel the disclosure of the payor's employer, assets and sources of income,
*getting an order to garnish the payor's wages or bank accounts, and
*summoning the payor to a special hearing for an order for the payment of the arrears and the terms on which the arrears will be paid.

====Collecting in the Supreme Court====

Other ways of obtaining financial information and compelling payment are available under the [http://canlii.ca/t/8mcr Supreme Court Family Rules] and under the provincial ''Court Order Enforcement Act''. These remedies include the garnishment of wages, forcing the sale of property, and commencing proceedings against the payor for contempt of court, among other things.

These are the important parts of the Supreme Court Family Rules dealing the collection of arrears:

*Rule 15-4: Writ of Execution
*Rule 15-6: subpoenas to debtors
*Rule 15-8: sales by the court
*Rule 15-7: examination in aid of execution
*Rule 21-7: contempt of court

A Writ of Execution can also be issued by a recipient under Part 5 of the ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''. Section 3 of that act also allows for the attachment of wages.

====Collecting in the Supreme Court and the Provincial Court====

Other ways of compelling payment are available under the ''Family Maintenance Enforcement Act'' and the ''Family Law Act'' in both the Supreme Court and the Provincial Court.

Under the ''Family Maintenance Enforcement Act'', a recipient can take steps like requiring the payor to file a statement of finances, enforcing against a company owned by the payor, applying to garnish the payor's wages, and requiring the payor to attend a default hearing. Remember, though, that if you are registered with FMEP, only FMEP may enforce the order. You must either withdraw from FMEP or get permission from FMEP to make your own efforts to enforce.

Orders for child support and spousal support can also be enforced under the general and extraordinary enforcement provisions of the ''[[Family Law Act]]''. Under s. 230, the court may require a payor to:

#post security,
#pay the recipient's expenses incurred as a result of the payor's actions, or
#pay up to $5,000 to the recipient as a fine.

Under s. 231 of the act, the court may jail a payor in breach of an order if no other order will secure the payor's compliance. Going to jail will not cancel any arrears that are still owing.

==Enforcing orders about the care of children==

Enforcing orders about the care of children can be just as difficult as enforcing orders about support. Orders about the care of children can be enforced under the ''[[Family Law Act]]'', the ''[http://canlii.ca/t/7vf2 Criminal Code]'', the [http://canlii.ca/t/8mcr Supreme Court Family Rules], and, in certain circumstances involving people located outside of Canada, the [http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction].

Orders about custody and access made here under the ''[[Divorce Act]]'' can be registered and enforced anywhere in Canada.

Orders about guardianship, parenting arrangements, and contact made here under the ''Family Law Act'' can be registered and enforced anywhere in Canada. Orders made outside of British Columbia can be enforced by the courts here under Part 4 Division 7 of the ''[[Family Law Act]]''. Once an order made outside the province is recognized by our court it is enforceable as if our court had made the order.

===Alternatives to enforcement===

Before you do anything else, it's possible that you may not need to jump through all the hoops necessary to enforce your order at all. Enormous problems can be caused just from how an order is written. If this is the case for you, it may be easier and less conflictual to try to correct the order instead!

If your order says only that you will have "reasonable and generous parenting time," or otherwise fails to specify the terms of your parenting time or contact with the child, you may be able to clear up the problem by applying to court to specify the terms of parenting time or contact. It is too easy for someone to avoid allowing parenting time or contact that is "reasonable and generous" simply by saying "well, it isn't convenient for me," or "the children are busy this weekend." Your first recourse should be to ask the court for a precise schedule for your parenting time or contact — including weekends, holidays, evenings during the workweek, or whatever else you'd like.

Even an order that says that you will have "parenting time every other weekend" can be difficult. When does the weekend start, Saturday or Friday? If it's Friday, when on Friday? After school? After work? At 6:00pm? Who's doing the picking up and dropping off? What if you're sick? What if the child is sick? What if you're going to be late? What if the Friday is a holiday?

If a vague schedule isn't working, the best thing to do is to ask the court to clarify and specify the schedule. This often solves the problem without having to get everyone's back up with an enforcement application.

===''Divorce Act'' orders===

Orders for custody and access made under the federal ''Divorce Act'' are enforced under provincial laws. However, they can't be enforced under the ''Court Order Enforcement Act'' because that act deals with orders about money and property, and they can't be enforced under the ''Family Law Act'' because that act only allows for the enforcement of its own orders and foreign orders about the care of children.

These are your options:

*Section 292 of the ''[http://canlii.ca/t/7vf2 Criminal Code]'' makes interference with a parent's right to custody under a court order a criminal offence. You could complain to the police.
*You could apply in the Supreme Court for an order that the person who is breaching the order be found in contempt of court.

Rule 21-7 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] outlines the procedure for contempt of court applications. A person found to be in contempt can be punished by a fine, by jail time, by both a fine and some time in jail, or by something else. Contempt applications can be complicated and are discussed in more detail below.

===''Family Law Act'' orders and foreign orders===

Under the ''[[Family Law Act]]'', the court can make orders allocating parenting time among guardians or giving someone who isn't a guardian rights of contact with a child. Foreign orders that are similar to orders for parenting time or contact can be filed in court and, upon being recognized under s. 75 of the act, may be enforced in the same way as orders made in British Columbia.

Orders for parenting time and contact are enforced under Part 4 Division 5 of the act. Under these provisions, someone who has been wrongfully denied parenting time or contact may apply to the court and, under s. 61, the court may:

<blockquote><tt>(a) require the parties to participate in family dispute resolution;</tt></blockquote>
<blockquote><tt>(b) require one or more parties or, without the consent of the child's guardian, the child, to attend counselling, specified services or programs;</tt></blockquote>
<blockquote><tt>(c) specify a period of time during which the applicant may exercise compensatory parenting time or contact with the child;</tt></blockquote>
<blockquote><tt>(d) require the guardian to reimburse the applicant for expenses reasonably and necessarily incurred by the applicant as a result of the denial, including travel expenses, lost wages and child care expenses;</tt></blockquote>
<blockquote><tt>(e) require that the transfer of the child from one party to another be supervised by another person named in the order;</tt></blockquote>
<blockquote><tt>(f) if the court is satisfied that the guardian may not comply with an order made under this section, order that guardian to</tt></blockquote>
<blockquote><blockquote><tt>(i) give security in any form the court directs, or</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(ii) report to the court, or to a person named by the court, at the time and in the manner specified by the court;</tt></blockquote></blockquote>
<blockquote><tt>(g) require the guardian to pay</tt></blockquote>
<blockquote><blockquote><tt>(i) an amount not exceeding $5 000 to or for the benefit of the applicant or a child whose interests were affected by the denial, or</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(ii) a fine not exceeding $5 000.</tt></blockquote></blockquote>

However, the denial must have happened within the last year, and the denial must be ''wrongful''. Under s. 62, denial is not wrongful in the following circumstances:

<blockquote><tt>(a) the guardian reasonably believed the child might suffer family violence if the parenting time or contact with the child were exercised;</tt></blockquote>
<blockquote><tt>(b) the guardian reasonably believed the applicant was impaired by drugs or alcohol at the time the parenting time or contact with the child was to be exercised;</tt></blockquote>
<blockquote><tt>(c) the child was suffering from an illness when the parenting time or contact with the child was to be exercised and the guardian has a written statement, by a medical practitioner, indicating that it was not appropriate that the parenting time or contact with the child be exercised;</tt></blockquote>
<blockquote><tt>(d) in the 12-month period before the denial, the applicant failed repeatedly and without reasonable notice or excuse to exercise parenting time or contact with the child;</tt></blockquote>
<blockquote><tt>(e) the applicant</tt></blockquote>
<blockquote><blockquote><tt>(i) informed the guardian, before the parenting time or contact with the child was to be exercised, that it was not going to be exercised, and</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(ii) did not subsequently give reasonable notice to the guardian that the applicant intended to exercise the parenting time or contact with the child after all;</tt></blockquote></blockquote>
<blockquote><tt>(f) other circumstances the court considers to be sufficient justification for the denial.</tt></blockquote>

Even if the court decides that the denial was not wrongful, the court may still make an order for make-up time.

Under s. 63, the court can also enforce orders for parenting time and contact where the person entitled to parenting time or contact fails to follow the order. In cases like this, the court may:

#order that the parties attend family dispute resolution,
#order that one or more parties or a child attend counselling,
#require that the transfer of the child be supervised,
#order that any expenses incurred as a result of the failure be reimbursed,
#require the person to report to the court, or
#require the person to post security.

Under the act's extraordinary enforcement provisions, when things have gotten really bad the court may enforce orders for parenting time and contact by:

#jailing the person for up to 30 days;
#requiring the police to take the child to the person who is entitled to parenting time and contact; or,
#when a person with contact refuses to return the child, requiring the police to return the child to the child's guardian.

===The Hague Convention===

The ''[http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction]'' can be used to deal with cases of international child abduction. The Convention is an international treaty that requires foreign governments who have signed the Convention to take certain steps to return the child to the person who is entitled to the care of the child when there is "a grave risk of physical or psychological harm" to the child and there is an order in place governing which parent should have the child.

The ''Hague Convention'' only applies between states that have signed the Convention. As of April 2013, the countries that have agreed to enforce custody orders with Canada are:

<blockquote>Albania, Argentina, Australia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, China, People's Republic of, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Korea, Republic of, Latvia, Lithuania, Luxembourg, Malta, Mauritius, Mexico, Monaco, Montenegro, Morocco, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Romania, Russian Federation, Serbia, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay and Venezuela.</blockquote>

As of 1 February 2010, the signatory countries who have not agreed to enforce custody orders with Canada, but will enforce custody orders with other countries (shame on them), are:

<blockquote>Guatemala, Nicaragua and Thailand.</blockquote>

Countries not listed above have elected not to participate in the convention. For more information and the current standing of signatory nations, check out the website of the [http://www.hcch.net/index_en.php Hague Conference on Private International Law], which reports on the status of the various Hague Conventions.

==Contempt of court==

If the other party persistently refuses to live up to his or her obligations under a court order, you may have no choice but to make an application to court for a finding that the other party is in contempt of court. Contempt of court is punishable by a fine, jail time, both a fine and jail time, or by something else altogether, like community service. Both the Supreme Court and the Provincial Court have certain powers to punish someone for breaching their orders under the legislation, as was discussed above, but only the Supreme Court has the power to punish for contempt. Unlike the Provincial Court, the Supreme Court has something called ''inherent jurisdiction'', meaning that the scope of its authority is limited only by our Constitution and the rules of the common law. As a result, the court can punish a party for contempt of court without being confined to the provisions of any particular statute.

The rule governing contempt applications is Rule 21-7 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. You can bring an application for a contempt finding under the normal rules governing interim applications. The only difference is that you must personally serve the other person with your Notice of Application and affidavit for the contempt application; you can't simply mail or fax it to his or her address for service. You will need to show the court:

#the terms of the order you say was breached,
#how the order was breached,
#that the other party intended to breach the order, and
#the harm resulting from the breach.

Because the consequences of a finding of contempt can include jail, the court will be very particular about how the application is prepared and presented. You may want to consider consulting with a lawyer about process and procedure, and the legal test to prove contempt, before you start working on your materials.


==Resources and links==

===Legislation===

* ''[[Family Law Act]]''
* ''[[Divorce Act]]''
* [http://canlii.ca/t/8mcr Supreme Court Family Rules]
* [http://canlii.ca/t/85pb Provincial Court Family Rules]
* ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]''
* ''[http://canlii.ca/t/84h5 Court Order Enforcement Act]''
* ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''
* ''[http://canlii.ca/t/7vf2 Criminal Code]''

===Links===

* [http://www.justice.gc.ca/eng/fl-df/enforce-execution/info_cont.html Department of Justice: Provincial and Territorial Information on Interjurisdictional and International Support Order Enforcement]
* [http://www.fmep.gov.bc.ca/ Family Maintenance Enforcement Program website]
* [http://clicklaw.bc.ca/helpmap/service/1082 Clicklaw HelpMap: Family Maintenance Enforcement Program details]
* [http://www.hcch.net/index_en.php Hague Conference on Private International Law]
*[http://www.ag.gov.bc.ca/international-child-abduction/ Ministry of Justice Website on International Child Abduction]
* [http://www.justice.gc.ca/eng/pi/fcy-fea/sup-pen/enf-exe/index.html Department of Justice: About support enforcement]
* [http://www.clicklaw.bc.ca/resource/1242 Canadian Bar Association BC Branch: Script on enforcing orders and agreements for support]

{{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}}

{{JP Boyd on Family Law Navbox|type=chapters}}
{{Creative Commons for JP Boyd}}

[[Category:JP Boyd on Family Law]]

File:Audreyjun.jpg

2015-06-10T07:25:34Z

Audrey Jun: Audrey Jun uploaded a new version of "File:Audreyjun.jpg"

File:May2015 Starter Kit.pdf

2015-05-26T20:05:00Z

Audrey Jun: Clicklaw Contributor Starter Kit May 2015

Clicklaw Contributor Starter Kit May 2015

Best Practice Guidelines for the Development and Maintenance of Online PLEI in BC

2015-05-21T21:54:00Z

Audrey Jun: /* 3. Meet appropriate usability and accessibility guidelines */

__NOTOC__
{{GUIDEPAGE}}
These are best practice guidelines for the development and maintenance of online Public Legal Education and Information (PLEI) in British Columbia.

==1. Research the need for the project==
Before starting a new online legal information project, conduct research. Identify if there is a real need for the project. Use Clicklaw to see if similar resources already exist.

==2. Create audience-focused legal information==
Clearly identify the intended audience and tailor the project to their knowledge and skills. Consult with members of the intended audience and representatives of the target audience. Involve them in the development of the project as advisory group members or evaluators.

Use plain language. Consider users’ literacy levels and cultural backgrounds and provide them with the contextual information they need to better understand it.

==3. Meet appropriate usability and accessibility guidelines==
In order to be effective, online legal information must be easy to use and accessible for all users. Issues to consider:
* If designing a new website or assessing the effectiveness of an existing one, evaluate how well the site works for the user through all stages of development, not just at the end of the process.
* Design the website so it is accessible to users with a wide range of disabilities ([http://www.w3.org/WAI/intro/wcag WCAG 2.0 Level AA standards])
* Make it easy to navigate and to find information through clear menus and search functions
* Websites need to work across all browsers, such as Firefox, Safari and Chrome
* Online formats need to work effectively on all delivery platforms, including mobile devices
* If developing new electronic resources or publications, produce them in HTML formats, rather than PDFs. PDFs are not as easy to read on some types of devices, and search engines like Google may not rank the content of PDFs as favourably as other web content.

==4. Ensure that information is accurate==
It is critical that both legal and non-legal information contained in online PLEI is accurate.

Have a qualified lawyer check the legal content and ensure other content is also accurate (for example, if you’re providing information about a legal service, contact that service to confirm that their particular information is correct.

==5. Note the currency of the information==
Clearly provide a date that the legal information is accurate to.

==6. Identify who produced the resource==
Provide information about your organization to help the user assess the credibility of the resource.

==7. Maintain your resources==
At least every 12 months, review the content to ensure it is still accurate. Also review the effectiveness of the format. For example, use tools such as web analytics to analyze how your site or product is used and what you can do to improve its effectiveness.

==8. State the jurisdiction of the legal information==
Include a statement, or other contextual clues, that clearly indicates the relevant jurisdiction of the site or particular information. Searches for legal information can provide search results from a number of jurisdictions. Many members of the public are unaware of the concept of jurisdiction and do not realize that law can differ from place to place.

==9. Link to other relevant resources==
Provide access to relevant online legal information produced by other legal organizations. Providing links to other material reduces the need to produce duplicate material and is the best way of ensuring that the user has access to the range of information that they need. It also increases search engine optimization for PLEI in BC. Consider providing a direct link to one or two key resources, and a contextual link to [http://www.clicklaw.bc.ca Clicklaw].

When providing links to primary sources such as case law and legislation, include information on researching legal information (such as Janet’s legal research guide - coming soon) Use standard citation when linking to primary sources (CLBC to provide information on how to do this).

==10. Provide access to a legal glossary==
Consider including access to a plain language legal glossary. If possible, include links to the glossary in the content.

==11. Use standard terms where possible==
Using standard terms across a website helps the user understand complex legal information. Use the [http://www.clicklaw.bc.ca/solveproblems/alltopicsaz Clicklaw taxonomy] as a starting point. Consider using an internal thesaurus to support people who use more than one term.

==12. Include information on how to obtain further advice and support==
Provide information on the ‘next steps to take’ and how to obtain further assistance, from a range of services. Provide contact details if possible. Where appropriate, link to [http://www.clicklaw.bc.ca/helpmap Clicklaw’s HelpMap] and/or [http://www.povnet.org/find-an-advocate/bc PovNet’s Find an Advocate map].

==13. Raise awareness of PLEI in BC==
All PLEI groups in BC have a role to play in raising awareness of PLEI in BC. Although a coordinated communication strategy will require more resources than are currently available, some initial steps can include:
* Add new resources to Clicklaw. These can also be featured and promoted on [http://blog.clicklaw.bc.ca Clicklaw’s Blog].
* Share information about new resources through your internal and external communication channels.
* Pay attention to search engine optimization (SEO) through the use of metadata and keywords so your resource appears in relevant search results. Adding your resource to Clicklaw increases your SEO.
PLEI groups and funders need to develop a better communication strategy to share information about legal information resources and services (in development, new and existing).

 

==About these Guidelines==
These guidelines assist people who fund, produce or maintain online PLEI. The goal is to improve the quality of online PLEI through best practice guidelines on how to produce and maintain PLEI and make best use of resources.

==How to use these Guidelines==
These guidelines are for anyone producing PLEI, from the smallest community group to the largest government department. Whatever the size of your organization, we encourage you to consider the guidelines before you start a new online resource or assess existing resources.

If you already have an existing website or other online resources, we encourage you to use these guidelines as an annual ‘check up’ on their quality, and to develop strategies to address any issues highlighted. We welcome your contribution to these guidelines.

These guidelines can be used effectively by organizations with limited resources. See the rest of the [[Clicklaw Website Contributor Guide]] for recommended resources that will help you implement these guidelines.

 
'''''Adapted from: [http://www.victorialawfoundation.org.au/sites/default/files/attachments/Guidelines%20-%20Final%20(140516).pdf Best practice guidelines for the development and maintenance of online community legal information] in Melbourne, Australia by the Clicklaw Steering Committee.
May 13, 2015'''''

{{Clicklaw Website Contributor Guide Navbox|type=additional}}
<noinclude>__NOGLOSSARY__</noinclude>
[[Category:Clicklaw Website Contributor Guide]]

Best Practice Guidelines for the Development and Maintenance of Online PLEI in BC

2015-05-21T21:51:56Z

Audrey Jun: /* 13. Raise awareness of PLEI in BC */

__NOTOC__
{{GUIDEPAGE}}
These are best practice guidelines for the development and maintenance of online Public Legal Education and Information (PLEI) in British Columbia.

==1. Research the need for the project==
Before starting a new online legal information project, conduct research. Identify if there is a real need for the project. Use Clicklaw to see if similar resources already exist.

==2. Create audience-focused legal information==
Clearly identify the intended audience and tailor the project to their knowledge and skills. Consult with members of the intended audience and representatives of the target audience. Involve them in the development of the project as advisory group members or evaluators.

Use plain language. Consider users’ literacy levels and cultural backgrounds and provide them with the contextual information they need to better understand it.

==3. Meet appropriate usability and accessibility guidelines==
In order to be effective, online legal information must be easy to use and accessible for all users. Issues to consider:
* If designing a new website or assessing the effectiveness of an existing one, evaluate how well the site works for the user through all stages of development, not just at the end of the process.
* Design the website so it is accessible to users with a wide range of disabilities (WCAG 2.0 Level AA standards)
* Make it easy to navigate and to find information through clear menus and search functions
* Websites need to work across all browsers, such as Firefox, Safari and Chrome
* Online formats need to work effectively on all delivery platforms, including mobile devices
* If developing new electronic resources or publications, produce them in HTML formats, rather than PDFs. PDFs are not as easy to read on some types of devices, and search engines like Google may not rank the content of PDFs as favourably as other web content.

==4. Ensure that information is accurate==
It is critical that both legal and non-legal information contained in online PLEI is accurate.

Have a qualified lawyer check the legal content and ensure other content is also accurate (for example, if you’re providing information about a legal service, contact that service to confirm that their particular information is correct.

==5. Note the currency of the information==
Clearly provide a date that the legal information is accurate to.

==6. Identify who produced the resource==
Provide information about your organization to help the user assess the credibility of the resource.

==7. Maintain your resources==
At least every 12 months, review the content to ensure it is still accurate. Also review the effectiveness of the format. For example, use tools such as web analytics to analyze how your site or product is used and what you can do to improve its effectiveness.

==8. State the jurisdiction of the legal information==
Include a statement, or other contextual clues, that clearly indicates the relevant jurisdiction of the site or particular information. Searches for legal information can provide search results from a number of jurisdictions. Many members of the public are unaware of the concept of jurisdiction and do not realize that law can differ from place to place.

==9. Link to other relevant resources==
Provide access to relevant online legal information produced by other legal organizations. Providing links to other material reduces the need to produce duplicate material and is the best way of ensuring that the user has access to the range of information that they need. It also increases search engine optimization for PLEI in BC. Consider providing a direct link to one or two key resources, and a contextual link to [http://www.clicklaw.bc.ca Clicklaw].

When providing links to primary sources such as case law and legislation, include information on researching legal information (such as Janet’s legal research guide - coming soon) Use standard citation when linking to primary sources (CLBC to provide information on how to do this).

==10. Provide access to a legal glossary==
Consider including access to a plain language legal glossary. If possible, include links to the glossary in the content.

==11. Use standard terms where possible==
Using standard terms across a website helps the user understand complex legal information. Use the [http://www.clicklaw.bc.ca/solveproblems/alltopicsaz Clicklaw taxonomy] as a starting point. Consider using an internal thesaurus to support people who use more than one term.

==12. Include information on how to obtain further advice and support==
Provide information on the ‘next steps to take’ and how to obtain further assistance, from a range of services. Provide contact details if possible. Where appropriate, link to [http://www.clicklaw.bc.ca/helpmap Clicklaw’s HelpMap] and/or [http://www.povnet.org/find-an-advocate/bc PovNet’s Find an Advocate map].

==13. Raise awareness of PLEI in BC==
All PLEI groups in BC have a role to play in raising awareness of PLEI in BC. Although a coordinated communication strategy will require more resources than are currently available, some initial steps can include:
* Add new resources to Clicklaw. These can also be featured and promoted on [http://blog.clicklaw.bc.ca Clicklaw’s Blog].
* Share information about new resources through your internal and external communication channels.
* Pay attention to search engine optimization (SEO) through the use of metadata and keywords so your resource appears in relevant search results. Adding your resource to Clicklaw increases your SEO.
PLEI groups and funders need to develop a better communication strategy to share information about legal information resources and services (in development, new and existing).

 

==About these Guidelines==
These guidelines assist people who fund, produce or maintain online PLEI. The goal is to improve the quality of online PLEI through best practice guidelines on how to produce and maintain PLEI and make best use of resources.

==How to use these Guidelines==
These guidelines are for anyone producing PLEI, from the smallest community group to the largest government department. Whatever the size of your organization, we encourage you to consider the guidelines before you start a new online resource or assess existing resources.

If you already have an existing website or other online resources, we encourage you to use these guidelines as an annual ‘check up’ on their quality, and to develop strategies to address any issues highlighted. We welcome your contribution to these guidelines.

These guidelines can be used effectively by organizations with limited resources. See the rest of the [[Clicklaw Website Contributor Guide]] for recommended resources that will help you implement these guidelines.

 
'''''Adapted from: [http://www.victorialawfoundation.org.au/sites/default/files/attachments/Guidelines%20-%20Final%20(140516).pdf Best practice guidelines for the development and maintenance of online community legal information] in Melbourne, Australia by the Clicklaw Steering Committee.
May 13, 2015'''''

{{Clicklaw Website Contributor Guide Navbox|type=additional}}
<noinclude>__NOGLOSSARY__</noinclude>
[[Category:Clicklaw Website Contributor Guide]]

Clicklaw Wikibooks Contributor Guide

2015-05-21T20:56:53Z

Audrey Jun: /* Additional resources */

{{GUIDEPAGE}}
{{fmbox
|type = warning
|text ='''Important:''' See the [[Clicklaw Wikibooks Cheatsheet]] for the most basic tips on editing.
}}
This is a guide for editors and contributors who have accounts with Clicklaw Wikibooks, and who are actively responsible for editing content.
Read on to learn how to:
* Log in
* Make changes on a page
The [[Clicklaw Wikibooks Contributor Guide]] is designed to get editors and contributors started. If you are not a Clicklaw ''Wikibooks'' contributor, but are a ''Clicklaw'' contributor for the main [http://www.clicklaw.bc.ca Clicklaw website] and need support, please see the [[Clicklaw Website Contributor Guide]].

{{fmbox
| type =
| image = [[File:Nuvola_mimetypes_pdf.png‎|40px|link=|alt=]]
| style = width:260px;clear: right;float: right;
| text = Download the [[Media:Clicklaw_Wikibook_Contributor_Guide.pdf|full Clicklaw Wikibooks Contributor Guide in PDF]] (current to March 2013).
}}

==Getting started==
===Authors, editors and reviewers===
Clicklaw Wikibooks houses content for a number of publications, each of which has its own arrangement with its contributors (authors, editors and reviewers). Some wikibooks, such as those produced by [[Peoples Law School]], are administered by a small team of editors only, while other wikibooks, such as ''[[JP Boyd on Family Law]]'', involve [[:Category:JP Boyd on Family Law Contributors|numerous collaborators]] such as subject editors, senior subject editors and editors emeritus.

===Before you edit===
====Know what you're responsible for====
Have you been invited to edit a particular title? Are you certain the page you're about to edit is part of the right wikibook title, and does not belong to a different wikibook?

Be conscientious about which page you are editing. Please only edit pages from those titles (or chapters within titles) for which you are responsible. Generally, let your discretion guide you, or email [mailto:wikisupport@clicklaw.bc.ca?Subject=Wikibooks%20Contributor%20Support wikisupport@clicklaw.bc.ca] for help.

That said...

====Relax, you can't screw up====
Having asked you to be mindful of the pages you edit, take comfort in knowing that you literally can't damage a page so badly that it cannot be restored.

See [[#Undoing changes |Undoing Changes]].

====If we haven't taught you how to do it, ask us how (or leave it be)====
A minimum knowledge of the tools is required. Other than knowing how to log in, navigate around, and where to find things like the "Edit" tab, you will need to know how to:
# create (or fix) links to cases, legislation, other web resources,
# make lists (like this numbered list),
# create emphasis for key words or documents using ''italics'', or in rare cases '''bold''',
# divide pages with section headings and subheadings,
# indent paragraphs or blocks of text,
# create text in a <tt>plain format</tt> (for legislation excerpts), and
# understand a few technical things that are happening and the limited things you need to know to:
#*change what alert boxes are saying on pages,
#*work with your contributor bio page,
#*understand some of the weird coding and know what to leave alone,
#*''maybe'' change the contents of tables, and
#*participate in Discussion pages (these are locked down so only editors can see Discussions about a page).
This page shows you how to do the above. You are not expected to do anything technically beyond what is explained here.
If you have questions, email us at [mailto:wikisupport@clicklaw.bc.ca wikisupport@clicklaw.bc.ca]

===Logging in to your new account===
Everyone who contributes to Clicklaw Wikibooks will be given an account. All of your work is linked to your account, so it’s important to use the same account every time.
#You will receive an email from "wikisupport@clicklaw.bc.ca" containing your username and password.
#Go to http://wiki.clicklaw.bc.ca/.
#Use the "Log in" button at the top right to log in with the username and password supplied in the email.
#Change your password to something secure that you will remember (if you need to find the Change Password page, it’s http://wiki.clicklaw.bc.ca/index.php?title=Special:ChangePassword).

[[File:Logging_in_to_your_new_account.png | border|link=]]

===The "Edit" screen===
Are you at the page you want to edit? Are you logged in? If yes, you can start editing.
#Click on the "Edit" tab or click on the "edit" link beside a particular section (if you only want to edit the text for a certain section of a page). [[File:Editing_a_page_on_the_wiki.png | border|800px | link=]] 
#You can make changes to the text in the edit window, and click on the “Save page” button to save your changes. [[File:Editing_a_page_on_the_wiki_2.png |border| 900px | link=]]

==Basic editing tools and formatting==
Clicklaw Wikibooks uses a simple markup language to control how content looks, but to start off, you don't need to know much about this markup language. Buttons along the top of the edit window frame do most of the formatting and wiki markup for you.

[[File:Editing tools explained.gif]]

Select a portion of text while in the edit screen, and then click one of the buttons to apply that formatting. The buttons have the following functions:

=== Bold ===
In the edit screen, selecting text then clicking button #1 will apply the wiki markup to make the text appear bold.
Bold text is rarely called for by the [[Clicklaw Wikibooks Style Guide]]. Italics are preferred for giving emphasis. That said, it is sometimes appropriate to bold the first word in a list item.
You can create bold text manually by enclosing one or more words in sets of three apostrophes.
Typing:
:<code><nowiki>I want to make '''this text''' bold.</nowiki></code>
Will look like this when you save or preview the page:
:I want to make '''this text''' bold.

=== Italics ===
In the edit screen, selecting text then clicking button #2 will apply the wiki markup to make the text appear in italics.
Use Italics sparingly to add emphasis to words that are unfamiliar or to disambiguate ones that the reader might mistake. Italics are used to cite cases, legislation or certain other sources. Consult the [[Clicklaw Wikibooks Style Guide]] for guidelines on when to use italics.
To create italic text manually, enclose one or more words in sets of two apostrophes.
Typing:
:<pre>An ''arquebus'' is an early muzzle-loaded firearm, while an ''aquabus'' is a motorized boat.</pre>
Will look like this when you save or preview the page:
:An ''arquebus'' is an early muzzle-loaded firearm, while an ''aquabus'' is a motorized boat.

=== Links ===
==== Link to another wiki page====
One page in a wiki often naturally leads to another page on the same wiki. For example, here is a link to the [[Clicklaw Wikibooks Style Guide]], which is also useful because it tells you when bold and italics are used. To make an internal link click button #3. You will see <code><nowiki>[[Link title]]</nowiki></code>. Replace <code>Link title</code> with the exact name of the page (leaving the square brackets where they are) and you're done. Don't forget to hit "Save page."
Typing:
:<pre>Editors are encouraged to read the [[Clicklaw Wikibooks Style Guide]].</pre>
Will look like this when you save or preview the page:
:Editors are encouraged to read the [[Clicklaw Wikibooks Style Guide]].
Note: twin square brackets are used for internal links.

==== Link to another website====
Examples of external links include any link to another website, or even a PDF or DOC file available somewhere online. Cases on CanLII, for instance, require external links. The simplest way to insert an external link is to just type the full URL, including the <code><nowiki>http://</nowiki></code> prefix.
Typing:
:<pre>For more information on the Court of Appeal process, visit http://www.courtofappealbc.ca</pre>
Will look like this when you save or preview the page:
:For more information on the Court of Appeal process, visit http://www.courtofappealbc.ca.
Much of the time, you won't want the link to appear so obvious. To have other words appear with links to online resources, select the text you want to contain the link, then click button #4. You will see
:<pre>[http://www.example.com link title]</pre>
Replace <code><nowiki>www.example.com</nowiki></code> with the correct URL you want to send readers to (e.g.<code><nowiki>www.courtofappealbc.ca</nowiki></code>). Now replace <code>link title</code> with the words you want to contain the link (e.g.<code>Court of Appeal BC Online Help Guide</code>.
Typing:
:<pre>For more information, visit the Court of Appeal BC's [http://www.courtofappealbc.ca Online Help Guide].</pre>
Will look like this when you save or preview the page:
:For more information, visit the Court of Appeal BC's [http://www.courtofappealbc.ca Online Help Guide].

== Headings and subheadings==
Clicklaw Wikibook pages rely heavily on in page headings and subheadings to break up content and to improve navigation.
Select the words that you want to become a heading, then click button #5. The results, when saved, will give you a primary section heading in the text of an article.
Headings within a page can also be produced by typing multiple equal signs, and you are not restricted to a single, primary level of header. A primary section heading is written ==Words in heading==, a subsection below it is written ===Words in heading===, and so on (a maximum of five levels is possible). Spaces between the equal signs and the heading text are optional, and will not affect the way the heading is displayed. The heading must be typed on a separate line. Include one blank line above the heading, and optionally one blank line below it, for readability in the edit screen. (Only two or more consecutive blank lines will add more white space in the public appearance of the page.)

The following points apply to in page headings:

* Use ''sentence case'' for section headings — that is, the initial letter of a title is capitalized; otherwise, capital letters are used only where they would be used in a normal sentence.
* Headings should not normally contain links, especially where only part of a heading is linked.
* Section and subsection headings should preferably be unique within a page; otherwise section links may lead to the wrong place.

==Lists==
The [[Clicklaw Wikibooks Style Guide]] calls for the use of ''bulleted'' lists to break up serial information where the order is not important, and ''numbered'' lists where steps or some other sequence is important to understand the information.

The edit toolbar does not have a button for making lists. They are simple to create, however. Authorities on plain language writing tend to agree that lists generally make information easier to absorb.

=== Making a list ===
Once you are logged in, and are in the Edit screen of the page you want to change:
* '''Numbered lists''': Place each list item on its own line, and start each line with a pound symbol "<nowiki>#</nowiki>". Click "Show preview" to see the list. Notice that the numbered list automatically ends at the last line that you started with a pound symbol.
* '''Bulleted list''': To make a list with bullets, follow the same steps as for a numbered list, but replace the pound symbol with an asterix.

=== List examples ===

{| class="wikitable"
|-
! Description
! This wiki code
! Results in this display on the page
|-
| ''Numbered list''
| <tt># One</tt> 
<tt># Two</tt> 
<tt># Three</tt>
|
# One
# Two
# Three
|-
| ''Bulleted list''
| <tt>* Red</tt> 
<tt>* Green</tt> 
<tt>* Blue</tt>
|
* Red
* Green
* Blue
|}
More complicated lists with sublists are achieved by adding an extra pound or asterix symbol beside items you want to appear as indented subordinate list. Lists can include a subordinate list of another type, for example a numbered list can break off into a series of points in a bulleted list, or vice versa.
{| class="wikitable"
|-
! Description
! This wiki code
! Results in this display on the page
|-
| ''A numbered list with a subordinate list that is also numbered.''
| <tt># Item one</tt> 
<tt># Leads to item two:</tt> 
<tt>## Which itself has at least one sub-item</tt> 
<tt>## And possibly two</tt> 
<tt>## Or even three sub-items</tt> 
<tt># Then back to the main numbered list and item three</tt>
|
# Item one
# Leads to item two:
## Which itself has at least one sub-item
## And possibly two
## Or even three sub-items
# Then back to the main numbered list and item three
|-
| ''A mixed list. Numbered list with a subordinate bulleted list.''
| <tt># Item one</tt> 
<tt># Leads to item two:</tt> 
<tt>#* Which itself has at least one sub-item</tt> 
<tt>#* And possibly two</tt> 
<tt>#* Or even three sub-items which all need to be bullets</tt> 
<tt># Then back to the main list, which continues at item three</tt>
|
# Item one
# Leads to item two:
#* Which itself has at least one sub-item
#* And possibly two
#* Or even three sub-items which all need to be bullets
# Then back to the main list, which continues at item three
|-
| ''A bulleted list with a subordinate list of numbers, and a further subordinate list of bullets.''
| <tt>* This point is simple.</tt> 
<tt>* This point is complicated, and includes:</tt> 
<tt>*# Item one</tt> 
<tt>*# Item two, which is:</tt> 
<tt>*#* 40% X,</tt> 
<tt>*#* 35% Y, and</tt> 
<tt>*#* 25% Z.</tt> 
<tt>*# Item three</tt> 
<tt>* This last point is simple again.</tt> 
|
* This point is simple.
* This point is complicated, and includes:
*# Item one
*# Item two, which is:
*#* 40% X,
*#* 35% Y, and
*#* 25% Z.
*# Item three
* This last point is simple again.
|}

==Images and video==
===Uploading images===
To upload an image that you will use in a wikibook, or a contributor profile, select the ''"Upload file"'' link from the sidebar navigation menu. It is located under the ''"Toolbox"'' header. Please use a descriptive name.

Please restrict your photos to ''.png'' or ''.jpg'' formats.

===Embedding images===
There are several ways to embed an image — however only a couple work well and support PDF, EPUB, and print-on-demand viewing. Consistency is important, so please use the following approach:
{| class="wikitable"
|-
|Writing this:
|... should produce this:
|-
|
:<tt><nowiki>[[File:DescriptiveImageName.jpg| right | frame | link=| Copyright Information]]</tt></nowiki>
|
[[File:DescriptiveImageName.jpg| right | frame | link=| Copyright Information]]
|}

Obviously, "''DescriptiveImageName.jpg''" should be replaced with the name of the image you uploaded.

The copyright information may take the form of ''"Copyright www.shutterstock.com"'', for example.

===Videos===
Clicklaw Wikibooks supports videos embedded from Youtube. You will need to be working with videos that you have already uploaded to Youtube directly. You cannot upload videos to the Clicklaw Wikibooks directly.

You have two options:
# left aligned videos
# right aligned videos

The following script might look complicated, but you are only going to be changing one thing. You will only be changing the unique identifier, ''e.g. ivsBIwncoiY''. This is the unique alphanumeric string found at the end of a Youtube video's "Share" link.

To embed a video (left aligned) type:
:<pre>{{Video || video = {{#ev:youtube|ivsBIwncoiY|350|right}} }}</pre>
:Remember to replace "ivsBIwncoiY" with your own video's unique identifier.

This code should embed a left aligned video:
{|
|-
|{{Video || video = {{#ev:youtube|ivsBIwncoiY|350|right}} }}
|}
 
To embed a video (right aligned) type:
:<pre>{{Videoright || video = {{#ev:youtube|ivsBIwncoiY|350|right}} }}</pre> 
:Again, remember to replace "ivsBIwncoiY" with your own video's unique identifier.

This code should embed a right aligned video:
{| width="100%"
|-
|{{Videoright || video = {{#ev:youtube|ivsBIwncoiY|350|right}} }}
|}

==Undoing changes==
One of the best things about this wiki platform is that each page has a "History" of older versions, including the one you just saved over. You (or another person) can always undo an edit and restore an older version of a page.

When viewing a page's history tab:
* Selecting '''Undo''' on the current version will show you the difference between it and the next most recent version, and you can then select "Save page" to restore the earlier of the two versions.
* Selecting '''Rollback''' on the current version of a page will undo all of the recent changes by the contributor who had saved that current version, with the effect of rewinding the page back to the most recent version saved by someone other than that contributor.

==Advanced features==
===Watchlist===
Account holders, including all editors and contributors, have the option of adding pages to a watchlist so they can follow content that they are responsible for and receive a notification when the pages are altered. You receive email notifications (see [[Clicklaw Wikibooks Contributor Guide#Email notification | setting up email notificaiton]]) or be shown an overview of the changes from the [[Special:Watchlist | Watchlist]] page.

====Adding pages to watchlist====

To add a page to your watchlist you must be logged in. From the page you wish to add, hover your cursor over the downward arrow beside the "History" tab, then click on "Watch."
[[File:Adding_a_page_to_the_watchlist.png |border| 900px | link=]]

==== View your watchlist ====

Access the [[Special:Watchlist | Watchlist]] from the top menu, or from the left menu. Once you are on the My Watchlist page, you should see a list of the recent changes from the last several days.

[[File:Viewing_the_watchlist.png |border| 900px | link=]]

==== Edit your watchlist ====
Delete pages you no longer want to watch or receive notifications about. Check the box beside the name of the page you want to delete from the watchlist, then click "Remove titles". The pages will be deleted from the watchlist only, not from the wiki.

[[File:Changing_the_watchlist.png |border| 900px | link=]]

==== Email notifications for watchlist ====
To enable email notification, which will let you know as soon as an edit is made to a page you watch, select "Preferences" from the top menu, select the "User profile" tab, then at the bottom under "E-mail options" select "E-mail me when a page or a file on my watchlist is changed."
You can also control notifications about changes to your user talk page through this menu.

[[File:Email_notification_watchlist.png |border| 900px | link=]]

===Disabling Glossary/Terminology Popups===
Terms that appear along with their definitions on the [[Terminology]] page will automatically be detected the first time they appear on any article in the Clicklaw Wiki. In general, this saves work, since no manual coding is required to ensure that a legal term will include a definition. The automatic nature of this process, however, will result in false-positives in cases where a defined term also has a common meaning in addition to a legal one (the terms "hearing", and "order" for example).

====Disabling a single occurrence of a term====
To exclude defined terms from appearing with their pop-up definition (and where it is the first time the term has been used on a page), you should bracket the term with the HTML element:

<pre> term </pre>

A <code><nowiki><div></nowiki></code> tag will also work but create a separate paragraph that may not be desired.

====Disabling definitions for a whole page====
To exclude an entire article from receiving glossary popups you need to place one line of text on the page. From the edit screen include the text:
<pre><nowiki>__NOGLOSSARY__</nowiki></pre>

It is common to place this at the end of the text of a page.

==Additional resources==

=== New: Best Practice Guidelines for Online PLEI ===

[[Best practice guidelines for the development and maintenance of online PLEI in BC | Best Practice Guidelines]] for the development and maintenance of online Public Legal Education and Information (PLEI) in British Columbia.

===Style guide===
The [[Clicklaw Wikibooks Style Guide]] highlights key style and word usage for pages on Clicklaw Wikibooks.

===MediaWiki manual===
The [http://www.mediawiki.org/ MediaWiki] website also includes excellent support material — for example, instructions on [http://www.mediawiki.org/wiki/Help:Navigation navigating a wiki], [http://www.mediawiki.org/wiki/Help:Editing_pages editing pages], and [http://www.mediawiki.org/wiki/User_hub much more]. (MediaWiki is free, open source software that powers Clicklaw Wikibooks, as well as the hugely popular Wikipedia.)

===Plain language writing===
====A short definition of "Plain English"====
Brian Garner, from ''Legal Writing in Plain English,'' 2001, pp xiv:
<blockquote>A word about "plain English." The phrase certainly shouldn't connote drab and dreary language. Actually, plain English is typically quite interesting to read. It's robust and direct—the opposite of gaudy, pretentious language. You achieve plain English when you use the simplest, most straightforward way of expressing an idea. You can still choose interesting words. But you'll avoid fancy ones that have everyday replacements meaning precisely the same thing.
</blockquote>

====Plain language tips====
We are writing with the public reader in mind, not lawyers or other legal advocates. Depending on the wikibook, you may need to aim for a very low reading level. For example, [[Legal Help for British Columbians]] serves very basic information so people can take the first step towards finding help for their common legal problem. [[JP Boyd on Family Law]], on the other hand, presumes a higher reading level, since it offers motivated self-represented individuals a slightly more detailed description of family law. Both groups of readers benefit from plain language writing methods.
Some tips to consider when writing or reviewing legal information for the public:
# Think about your reader and question what they know or don't know.
# Think about questions your readers will have on the topic, and organize your thoughts accordingly.
# Summarize main points using headers.
# Organize steps or similar information with lists.
# Write brief sentences and keep paragraphs short.
# Use common phrases and words.
# Avoid unnecessary descriptive adverbs and words.
# Write in the active voice and keep verb and subject close together.
# Ask another reader to evaluate your writing.

====More on plain language writing====
* [http://www.cba.org/cba/practicelink/cs/plainlanguage1.aspx CBA PracticeLink: Plain language legal writing]
* [http://www.plainlanguage.gov/examples/before_after/index.cfm Before and After Comparisons from www.plainlanguage.gov]
* [http://www.plainlanguage.gov/whatisPL/definitions/Kimble.cfm Joe Kimble, ''The Elements of Plain Language'' in the ''Michigan Bar Journal'', October 2002]

=== Note about updating resources in Legal Help for British Columbians ===
For contributors updating resources for the guide [[Legal Help for British Columbians]], please see the explanatory note on the [[Resource List for Legal Help for British Columbians]]. (Resources are managed as individual pages that are then automatically consolidated on a single [[Resource List]].)

==For further information==
This Guide is maintained by the Clicklaw site editors. For more information or support, please contact [mailto:wikisupport@clicklaw.bc.ca wikisupport@clicklaw.bc.ca].

{{Template:Navbox for Clicklaw Wikibooks Guide}}
<noinclude>__NOGLOSSARY__</noinclude>

[[Category:Navigation Page]]
[[Category:Clicklaw Wikibooks Guides]]

Template:Clicklaw Website Contributor Guide Navbox

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Audrey Jun:

{{Navbox with collapsible groups
|name = Clicklaw Website Contributor Guide Navbox
|state = {{#switch:{{{type}}}|collapsed=collapsed|guide=uncollapsed|additional=uncollapsed}}
|selected = {{{1|}}}
|title= [[Clicklaw Website Contributor Guide]]
|group1= Step-by-Step Guide
|state1 = {{#switch:{{{type}}} |collapsed=uncollapsed|guide=uncollapsed|additional=collapsed}}
|abbr1 = guide
|list1={{Navbox subgroup
| group1 = Getting started
| list1 = [[Setting up your Clicklaw contributor account & profile]]{{·}} [[Logging in to the Clicklaw contributor site]]{{·}} [[Editing your organization's profile]]{{·}} [[Inviting another contributor]]

| group2 = Managing your resources
| list2 = [[Adding a new resource]] {{·}} [[Editing a resource]]{{·}} [[Deleting a resource]]{{·}} [[Putting a resource into draft mode]]

| group3 = Managing your services
| list3 = [[Adding a new service]]{{·}} [[Editing an in-person service and its locations]]{{·}}[[Adding a new location]]{{·}}[[Deleting a location]]{{·}}[[Putting a location into draft mode]]{{·}}[[Editing a phone/web only service]]{{·}} [[Deleting a service]]

| group4 = Managing your contributor account
| list4 = [[Changing your password]]{{·}} [[Resetting your password]]{{·}} [[Editing your profile]]

| group5 = Creating thumbnail images for Clicklaw
| list5 = [[Requirements for images for thumbnails]]{{·}} [[Tools for creating images]]{{·}} [[Creating images]]
}}

|group2= Tools & Training
|state2 = {{#switch:{{{type}}}|collapsed=collapsed|guide=collapsed|additional=uncollapsed}}
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| list1 = [[Best practice guidelines for the development and maintenance of online PLEI in BC | Best Practice Guidelines]] {{·}} [[Clicklaw Website Contributor Guide FAQ | Clicklaw website contributor guide FAQ]]{{·}} [[Editorial Checklist for Clicklaw Contributors | Editorial checklist for Clicklaw contributors]] {{·}} [[Contributor Guide: Training videos|Contributor guide: training videos]]{{·}} [[Clicklaw widgets]] {{·}} [[Google Analytics for Clicklaw Website Contributors | Google Analytics for Clicklaw contributors]]

}}
}}

Clicklaw Website Contributor Guide

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Audrey Jun: /* Tools & Training */

__NOTOC__
{{GUIDEPAGE}}
This Clicklaw Website Contributor Guide provides step-by-step instructions, support information, and training videos for [http://clicklaw.bc.ca/content/partners organizations that contribute content to Clicklaw]. If you are a contributor to Clicklaw Wikibooks, see the [[Clicklaw Wikibooks Guide]].

==Step-by-Step Guide==

===Introduction===

* In providing access to quality legal information, Clicklaw has [http://clicklaw.bc.ca/content/guidelines content criteria and guidelines].
* The [[Clicklaw Website Contributor Guide FAQ]] provides answers to the questions Clicklaw contributors ask most frequently.

=== Getting started as a contributor ===

* [[Setting up your Clicklaw contributor account & profile]]
* [[Logging in to the Clicklaw contributor site]]
* [[Editing your organization's profile]]
* [[Inviting another contributor]]

=== Managing your organization's resources ===

For content in the ''Solve Problems'', ''Learn & Teach'', and ''Reform & Research'' sections.

* [[Adding a new resource]]
* [[Editing a resource]]
* [[Deleting a resource]]
* [[Putting a resource into draft mode]] (hiding a resource from public view)

=== Managing your organization's services ===

For content in the ''HelpMap'' section.

* [[Adding a new service]]
* [[Editing an in-person service and its locations]]
** [[Adding a new location]]
** [[Deleting a location]]
** [[Putting a location into draft mode]] (hiding a location from public view)
* [[Editing a phone/web only service]]
* [[Deleting a service]]

=== Managing your contributor account ===

* [[Changing your password]]
* [[Resetting your password]]
* [[Editing your profile]]

=== Creating thumbnail images for Clicklaw ===

* [[Requirements for images for thumbnails]]
* [[Tools for creating images]]
* [[Creating images]]

== Tools & Training ==

=== New: Best Practice Guidelines for Online PLEI ===

[[Best practice guidelines for the development and maintenance of online PLEI in BC | Best Practice Guidelines]] for the development and maintenance of online Public Legal Education and Information (PLEI) in British Columbia.

=== Editorial checklist ===

[[Editorial Checklist for Clicklaw Contributors | Editorial checklist]] helps you maintain an accurate and current listing on Clicklaw. Use this tool when creating or updating your resources and services.

=== Training videos===
If you find it easier to learn through video, try the [[Contributor Guide: Training videos|Clicklaw contributor training videos]] to help you get started as a Clicklaw contributor.

===Clicklaw widgets===

Clicklaw uses [[Clicklaw widgets | widgets]] to allow contributor organizations (as well as others) to display portions of Clicklaw content on their own sites.

===Google Analytics===

Clicklaw uses Google Analytics (GA) to collect, report, and analyze data about its website usage. As a contributor, you can [[Google Analytics for Clicklaw Website Contributors | view the report]] to learn about traffic originating from Clicklaw to your website.

== Resources for Creating and Evaluating Public Legal Education and Information ==
* [http://www.plelearningexchange.ca/ PLE Learning Exchange] is an Ontario based initiative but includes many resources for PLEI producers on plain language, usability testing and evaluation.
* [http://pleiconnect.ca PLEI Connect]is an online community of practice for Canadian PLEI practitioners. It's a place where people can learn and share their experiencing with using technology to develop, deliver and measure PLEI.
* The [http://www.vlaf.org.au/ Victoria Legal Assistance Forum] in Australia has produced [http://www.vlaf.org.au/cb_pages/files/VLAF%20online%20guidelines%20-%20Final%20draft.pdf Guidelines for Creating Online Legal Information]. These guidelines are a work in progress and can be easily adapted for online BC PLEI resources.
* [[Common Web Metrics]] What's the difference between a visit, a unique visitor and a page view? The Public Legal Education Working Group has developed a list of common metrics and provided definitions, and reasons for why you would choose to use that metric (or not).

== About this Guide ==

This Guide is maintained by the Clicklaw site editors. For more information about this site, please check out the [[Clicklaw Wiki FAQ]] or send questions to [mailto:editor@clicklaw.bc.ca editor at clicklaw.bc.ca].

{{Clicklaw Website Contributor Guide Navbox}}
[[Category:Navigation Page]]
[[Category:Clicklaw Website Contributor Guide]]
<noinclude>__NOGLOSSARY__</noinclude>

Best Practice Guidelines for the Development and Maintenance of Online PLEI in BC

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Audrey Jun:

__NOTOC__
{{GUIDEPAGE}}
These are best practice guidelines for the development and maintenance of online Public Legal Education and Information (PLEI) in British Columbia.

==1. Research the need for the project==
Before starting a new online legal information project, conduct research. Identify if there is a real need for the project. Use Clicklaw to see if similar resources already exist.

==2. Create audience-focused legal information==
Clearly identify the intended audience and tailor the project to their knowledge and skills. Consult with members of the intended audience and representatives of the target audience. Involve them in the development of the project as advisory group members or evaluators.

Use plain language. Consider users’ literacy levels and cultural backgrounds and provide them with the contextual information they need to better understand it.

==3. Meet appropriate usability and accessibility guidelines==
In order to be effective, online legal information must be easy to use and accessible for all users. Issues to consider:
* If designing a new website or assessing the effectiveness of an existing one, evaluate how well the site works for the user through all stages of development, not just at the end of the process.
* Design the website so it is accessible to users with a wide range of disabilities (WCAG 2.0 Level AA standards)
* Make it easy to navigate and to find information through clear menus and search functions
* Websites need to work across all browsers, such as Firefox, Safari and Chrome
* Online formats need to work effectively on all delivery platforms, including mobile devices
* If developing new electronic resources or publications, produce them in HTML formats, rather than PDFs. PDFs are not as easy to read on some types of devices, and search engines like Google may not rank the content of PDFs as favourably as other web content.

==4. Ensure that information is accurate==
It is critical that both legal and non-legal information contained in online PLEI is accurate.

Have a qualified lawyer check the legal content and ensure other content is also accurate (for example, if you’re providing information about a legal service, contact that service to confirm that their particular information is correct.

==5. Note the currency of the information==
Clearly provide a date that the legal information is accurate to.

==6. Identify who produced the resource==
Provide information about your organization to help the user assess the credibility of the resource.

==7. Maintain your resources==
At least every 12 months, review the content to ensure it is still accurate. Also review the effectiveness of the format. For example, use tools such as web analytics to analyze how your site or product is used and what you can do to improve its effectiveness.

==8. State the jurisdiction of the legal information==
Include a statement, or other contextual clues, that clearly indicates the relevant jurisdiction of the site or particular information. Searches for legal information can provide search results from a number of jurisdictions. Many members of the public are unaware of the concept of jurisdiction and do not realize that law can differ from place to place.

==9. Link to other relevant resources==
Provide access to relevant online legal information produced by other legal organizations. Providing links to other material reduces the need to produce duplicate material and is the best way of ensuring that the user has access to the range of information that they need. It also increases search engine optimization for PLEI in BC. Consider providing a direct link to one or two key resources, and a contextual link to [http://www.clicklaw.bc.ca Clicklaw].

When providing links to primary sources such as case law and legislation, include information on researching legal information (such as Janet’s legal research guide - coming soon) Use standard citation when linking to primary sources (CLBC to provide information on how to do this).

==10. Provide access to a legal glossary==
Consider including access to a plain language legal glossary. If possible, include links to the glossary in the content.

==11. Use standard terms where possible==
Using standard terms across a website helps the user understand complex legal information. Use the [http://www.clicklaw.bc.ca/solveproblems/alltopicsaz Clicklaw taxonomy] as a starting point. Consider using an internal thesaurus to support people who use more than one term.

==12. Include information on how to obtain further advice and support==
Provide information on the ‘next steps to take’ and how to obtain further assistance, from a range of services. Provide contact details if possible. Where appropriate, link to [http://www.clicklaw.bc.ca/helpmap Clicklaw’s HelpMap] and/or [http://www.povnet.org/find-an-advocate/bc PovNet’s Find an Advocate map].

==13. Raise awareness of PLEI in BC==
All PLEI groups in BC have a role to play in raising awareness of PLEI in BC. Although a coordinated communication strategy will require more resources than are currently available, some initial steps can include:
* Add new resources to Clicklaw. These can also be featured and promoted on Clicklaw’s Blog.
* Share information about new resources through your internal and external communication channels.
* Pay attention to search engine optimization (SEO) through the use of metadata and keywords so your resource appears in relevant search results. Adding your resource to Clicklaw increases your SEO.
PLEI groups and funders need to develop a better communication strategy to share information about legal information resources and services (in development, new and existing).

 
==About these Guidelines==
These guidelines assist people who fund, produce or maintain online PLEI. The goal is to improve the quality of online PLEI through best practice guidelines on how to produce and maintain PLEI and make best use of resources.

==How to use these Guidelines==
These guidelines are for anyone producing PLEI, from the smallest community group to the largest government department. Whatever the size of your organization, we encourage you to consider the guidelines before you start a new online resource or assess existing resources.

If you already have an existing website or other online resources, we encourage you to use these guidelines as an annual ‘check up’ on their quality, and to develop strategies to address any issues highlighted. We welcome your contribution to these guidelines.

These guidelines can be used effectively by organizations with limited resources. See the rest of the [[Clicklaw Website Contributor Guide]] for recommended resources that will help you implement these guidelines.

 
'''''Adapted from: [http://www.victorialawfoundation.org.au/sites/default/files/attachments/Guidelines%20-%20Final%20(140516).pdf Best practice guidelines for the development and maintenance of online community legal information] in Melbourne, Australia by the Clicklaw Steering Committee.
May 13, 2015'''''

{{Clicklaw Website Contributor Guide Navbox|type=additional}}
<noinclude>__NOGLOSSARY__</noinclude>
[[Category:Clicklaw Website Contributor Guide]]

Best Practice Guidelines for the Development and Maintenance of Online PLEI in BC

2015-05-21T16:18:19Z

Audrey Jun: Created page with "__NOTOC__ {{GUIDEPAGE}} These are best practice guidelines for the development and maintenance of online Public Legal Education and Information (PLEI) in British Columbia. ==..."

__NOTOC__
{{GUIDEPAGE}}
These are best practice guidelines for the development and maintenance of online Public Legal Education and Information (PLEI) in British Columbia.

==1. Research the need for the project==
Before starting a new online legal information project, conduct research. Identify if there is a real need for the project. Use Clicklaw to see if similar resources already exist.

==2. Create audience-focused legal information==
Clearly identify the intended audience and tailor the project to their knowledge and skills. Consult with members of the intended audience and representatives of the target audience. Involve them in the development of the project as advisory group members or evaluators.

Use plain language. Consider users’ literacy levels and cultural backgrounds and provide them with the contextual information they need to better understand it.

==3. Meet appropriate usability and accessibility guidelines==
In order to be effective, online legal information must be easy to use and accessible for all users. Issues to consider:
* If designing a new website or assessing the effectiveness of an existing one, evaluate how well the site works for the user through all stages of development, not just at the end of the process.
* Design the website so it is accessible to users with a wide range of disabilities (WCAG 2.0 Level AA standards)
* Make it easy to navigate and to find information through clear menus and search functions
* Websites need to work across all browsers, such as Firefox, Safari and Chrome
* Online formats need to work effectively on all delivery platforms, including mobile devices
* If developing new electronic resources or publications, produce them in HTML formats, rather than PDFs. PDFs are not as easy to read on some types of devices, and search engines like Google may not rank the content of PDFs as favourably as other web content.

==4. Ensure that information is accurate==
It is critical that both legal and non-legal information contained in online PLEI is accurate.

Have a qualified lawyer check the legal content and ensure other content is also accurate (for example, if you’re providing information about a legal service, contact that service to confirm that their particular information is correct.

==5. Note the currency of the information==
Clearly provide a date that the legal information is accurate to.

==6. Identify who produced the resource==
Provide information about your organization to help the user assess the credibility of the resource.

==7. Maintain your resources==
At least every 12 months, review the content to ensure it is still accurate. Also review the effectiveness of the format. For example, use tools such as web analytics to analyze how your site or product is used and what you can do to improve its effectiveness.

==8. State the jurisdiction of the legal information==
Include a statement, or other contextual clues, that clearly indicates the relevant jurisdiction of the site or particular information. Searches for legal information can provide search results from a number of jurisdictions. Many members of the public are unaware of the concept of jurisdiction and do not realize that law can differ from place to place.

==9. Link to other relevant resources==
Provide access to relevant online legal information produced by other legal organizations. Providing links to other material reduces the need to produce duplicate material and is the best way of ensuring that the user has access to the range of information that they need. It also increases search engine optimization for PLEI in BC. Consider providing a direct link to one or two key resources, and a contextual link to [http://www.clicklaw.bc.ca Clicklaw].

When providing links to primary sources such as case law and legislation, include information on researching legal information (such as Janet’s legal research guide - coming soon) Use standard citation when linking to primary sources (CLBC to provide information on how to do this).

==10. Provide access to a legal glossary==
Consider including access to a plain language legal glossary. If possible, include links to the glossary in the content.

==11. Use standard terms where possible==
Using standard terms across a website helps the user understand complex legal information. Use the [http://www.clicklaw.bc.ca/solveproblems/alltopicsaz Clicklaw taxonomy] as a starting point. Consider using an internal thesaurus to support people who use more than one term.

==12. Include information on how to obtain further advice and support==
Provide information on the ‘next steps to take’ and how to obtain further assistance, from a range of services. Provide contact details if possible. Where appropriate, link to [http://www.clicklaw.bc.ca/helpmap Clicklaw’s HelpMap] and/or [http://www.povnet.org/find-an-advocate/bc PovNet’s Find an Advocate map].

==13. Raise awareness of PLEI in BC==
All PLEI groups in BC have a role to play in raising awareness of PLEI in BC. Although a coordinated communication strategy will require more resources than are currently available, some initial steps can include:
* Add new resources to Clicklaw. These can also be featured and promoted on Clicklaw’s Blog.
* Share information about new resources through your internal and external communication channels.
* Pay attention to search engine optimization (SEO) through the use of metadata and keywords so your resource appears in relevant search results. Adding your resource to Clicklaw increases your SEO.
PLEI groups and funders need to develop a better communication strategy to share information about legal information resources and services (in development, new and existing).

==About these Guidelines==
These guidelines assist people who fund, produce or maintain online PLEI. The goal is to improve the quality of online PLEI through best practice guidelines on how to produce and maintain PLEI and make best use of resources.

==How to use these Guidelines==
These guidelines are for anyone producing PLEI, from the smallest community group to the largest government department. Whatever the size of your organization, we encourage you to consider the guidelines before you start a new online resource or assess existing resources.

If you already have an existing website or other online resources, we encourage you to use these guidelines as an annual ‘check up’ on their quality, and to develop strategies to address any issues highlighted. We welcome your contribution to these guidelines.

These guidelines can be used effectively by organizations with limited resources. See the rest of the [[Clicklaw Website Contributor Guide]] for recommended resources that will help you implement these guidelines.

 
'''''Adapted from: [http://www.victorialawfoundation.org.au/sites/default/files/attachments/Guidelines%20-%20Final%20(140516).pdf Best practice guidelines for the development and maintenance of online community legal information] in Melbourne, Australia by the Clicklaw Steering Committee.
May 13, 2015'''''

{{Clicklaw Website Contributor Guide Navbox|type=additional}}
<noinclude>__NOGLOSSARY__</noinclude>
[[Category:Clicklaw Website Contributor Guide]]

Audrey Jun

2015-05-14T07:16:44Z

Audrey Jun: Created page with "<noinclude>{{Template:Clicklaw Wikibooks Contributor}}</noinclude>{{Contributor | bio = '''Audrey Jun''' is the Clicklaw Program Coordinator at Courthouse Libraries BC. She ma..."

<noinclude>{{Template:Clicklaw Wikibooks Contributor}}</noinclude>{{Contributor
| bio = '''Audrey Jun''' is the Clicklaw Program Coordinator at Courthouse Libraries BC. She manages the main [http://www.clicklaw.bc.ca Clicklaw] website, working to connect people across the varied public legal education landscape, and facilitates the Clicklaw Steering and Editorial Committees. She also supports the Clicklaw Wikibooks and development of the CLBC website.

Audrey was called to the BC Bar in 2014 and combines backgrounds in law, public legal education, and technology. She serves on the Board of Directors for [http://nidus.ca Nidus], a Clicklaw contributor.

| name = Audrey Jun
| image = [[image:audreyjun.jpg|117px|left|link=|Audrey Jun]]
| organization = Courthouse Libraries BC
| website = [http://www.clicklaw.bc.ca clicklaw.bc.ca], [http://www.courthouselibrary.ca courthouselibrary.ca]
}}

<noinclude>
__NOGLOSSARY__
[[Category:Contributor Bio|Jun]]
[[Category:Legal Help Guide Contributors|Jun]]

</noinclude>

File:Audreyjun.jpg

2015-05-14T07:13:31Z

Audrey Jun: