Interim Applications and Supreme Court Family Law Proceedings - Revision history

Nate Russell: /* Application records */

2026-10-02T23:06:31Z

Application records

← Older revision		Revision as of 23:06, 2 October 2026
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	The applicant must file the Application Record and an extra copy of the Notice of Application, and serve the index of the Application Record on the application respondent:		The applicant must file the Application Record and an extra copy of the Notice of Application, and serve the index of the Application Record on the application respondent:

	*By 4:00 pm on the business day that is ''2 business days'' before the hearing.		*No earlier than 9:00 am on the business day that is ''5 business days'' before the hearing, and no later than 4:00 pm on the business day that is ''2 business days'' before the hearing.

	====Filing by the application respondent====		====Filing by the application respondent====

Nate Russell at 23:01, 2 October 2026

2026-10-02T23:01:44Z

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	===Making an application===		===Making an application===

	To start an interim application under Rule 10-6, the applicant must prepare a Notice of Application in Form F31 and the affidavits or other evidence they intend to rely on at the hearing. The applicant must serve an unfiled copy of the Notice of Application and any evidence that has not already been served on each party and on every other person who may be affected by the orders sought. Depending on the application, additional materials may also have to be served, such as a filed agreement, parenting coordinator determination, or arbitration award.		To start an interim application under Rule 10-6, the applicant must prepare a Notice of Application in Form F31 and the affidavits or other evidence they intend to rely on at the hearing. The applicant must serve an unfiled copy of the Notice of Application and any evidence that has not already been served on each party and on every other person who may be affected by the orders sought. Depending on the application, additional materials may also have to be served, such as a filed agreement, parenting coordinator determination, or arbitration award. If the applicant seeks an order appointing a guardian, the Form F101 affidavit must also be served with the application materials and filed with the court when the applicant later sets the hearing.

	The applicant must serve these materials before setting the application down for a hearing. The applicant cannot set the hearing until each person required to receive the materials has served an Application Response, or the time for that person to serve one has expired.		The applicant must serve these materials before setting the application down for a hearing. The applicant cannot set the hearing until each person required to receive the materials has served an Application Response, or the time for that person to serve one has expired.
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	The applicant must prepare an Application Record for the hearing. An Application Record is a binder with an index and the documents the judge or associate judge will need. When both parties have applications scheduled to be heard on the same day, they are required to cooperate and prepare a ''joint'' Application Record.		The applicant must prepare an Application Record for the hearing. An Application Record is a binder with an index and the documents the judge or associate judge will need. When both parties have applications scheduled to be heard on the same day, they are required to cooperate and prepare a ''joint'' Application Record.

	The applicant must file the Application Record, an extra copy of the Notice of Application, and the other required materials ~~by 4~~:00 pm on the business day that is 2 business days before the hearing~~. The materials can be filed earlier~~, ~~but not sooner~~ than 9:00 ~~am five~~ business days before the hearing. The applicant must serve a copy of the index on the application respondent by the ~~same deadline~~. The timelines for these steps are discussed below in more detail.		The applicant must file the Application Record, an extra copy of the Notice of Application, and the other required materials no earlier than 9:00 am on the business day that is 5 business days before the hearing, and no later than 4:00 pm on the business day that is 2 business days before the hearing. The applicant must serve a copy of the index on the application respondent at least 2 business days before the hearing. The timelines for these steps are discussed below in more detail.

	If you file your record ''after'' the deadline of 4:00 pm on the day that is two business days before the hearing date, the registry may not put your application on the list for the hearing date. This can be a bit challenging, because I've seen some pretty long lineups at the registry counter at 3:45 pm, and I suggest you give yourself plenty of time to file your Application Record and get to the registry early.		If you file your record ''after'' the deadline of 4:00 pm on the day that is two business days before the hearing date, the registry may not put your application on the list for the hearing date. This can be a bit challenging, because I've seen some pretty long lineups at the registry counter at 3:45 pm, and I suggest you give yourself plenty of time to file your Application Record and get to the registry early.

Nate Russell at 20:54, 2 October 2026

2026-10-02T20:54:39Z

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	An affidavit is a written summary of the facts and information that are relevant to an application, and an application respondent's opposition to an application, given under oath or affirmation.		An affidavit is a written summary of the facts and information that are relevant to an application, and an application respondent's opposition to an application, given under oath or affirmation.

	The affidavits ~~filed~~ with the Application Response should describe the important facts that explain why the application is opposed. These affidavits may be brand new or they may have been prepared for a previous application in the family law proceeding. The form you must use is Form F30, which you can download in an editable format in the [[Supreme Court Forms (Family Law)\|Supreme Court Forms & Examples]] part of this resource.		The affidavits served with the Application Response should describe the important facts that explain why the application is opposed. These affidavits may be brand new or they may have been prepared for a previous application in the family law proceeding. The form you must use is Form F30, which you can download in an editable format in the [[Supreme Court Forms (Family Law)\|Supreme Court Forms & Examples]] part of this resource.

	The process for drafting affidavits and the rules about the content of affidavits are discussed in [[How Do I Prepare an Affidavit?]]. It's located in the Helpful Guides & Common Questions part of this resource.		The process for drafting affidavits and the rules about the content of affidavits are discussed in [[How Do I Prepare an Affidavit?]]. It's located in the Helpful Guides & Common Questions part of this resource.
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	The applicant must prepare an Application Record for the hearing. An Application Record is a binder with an index and the documents the judge or associate judge will need. When both parties have applications scheduled to be heard on the same day, they are required to cooperate and prepare a ''joint'' Application Record.		The applicant must prepare an Application Record for the hearing. An Application Record is a binder with an index and the documents the judge or associate judge will need. When both parties have applications scheduled to be heard on the same day, they are required to cooperate and prepare a ''joint'' Application Record.

	The applicant must file the Application Record, an extra copy of the Notice of Application, and the other required materials by 4:00 pm on the business day that is 2 business days before the hearing. The applicant must serve a copy of the index on the application respondent by the same deadline. The timelines for these steps are discussed below in more detail.		The applicant must file the Application Record, an extra copy of the Notice of Application, and the other required materials by 4:00 pm on the business day that is 2 business days before the hearing. The materials can be filed earlier, but not sooner than 9:00 am five business days before the hearing. The applicant must serve a copy of the index on the application respondent by the same deadline. The timelines for these steps are discussed below in more detail.

	If you file your record ''after'' the deadline of 4:00 pm on the day that is two business days before the hearing date, the registry may not put your application on the list for the hearing date. This can be a bit challenging, because I've seen some pretty long lineups at the registry counter at 3:45 pm, and I suggest you give yourself plenty of time to file your Application Record and get to the registry early.		If you file your record ''after'' the deadline of 4:00 pm on the day that is two business days before the hearing date, the registry may not put your application on the list for the hearing date. This can be a bit challenging, because I've seen some pretty long lineups at the registry counter at 3:45 pm, and I suggest you give yourself plenty of time to file your Application Record and get to the registry early.

Nate Russell at 23:06, 1 October 2026

2026-10-01T23:06:50Z

Nate Russell: /* Supporting affidavits */

2026-10-01T23:04:21Z

Supporting affidavits

← Older revision		Revision as of 23:04, 1 October 2026
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	An affidavit is a written summary of the facts and information that are relevant to an application, given under oath or affirmation.		An affidavit is a written summary of the facts and information that are relevant to an application, given under oath or affirmation.

	The affidavits ~~filed~~ with the Notice of Application should describe the important facts that relate to the relief sought in the application. Where possible, if a party has documents that support statements in an affidavit (such as the level of the party's income or financial transactions through a bank), those documents should be attached as exhibits to the affidavit. These affidavits may be brand new or they may have been prepared earlier in the proceeding for a previous application. The form you must use is Form F30, which you can download in an editable format in the [[Sample Supreme Court Forms (Family Rules)\|Supreme Court Forms & Examples]] part of this resource.		The affidavits served with the Notice of Application should describe the important facts that relate to the relief sought in the application. Where possible, if a party has documents that support statements in an affidavit (such as the level of the party's income or financial transactions through a bank), those documents should be attached as exhibits to the affidavit. These affidavits may be brand new or they may have been prepared earlier in the proceeding for a previous application. The form you must use is Form F30, which you can download in an editable format in the [[Sample Supreme Court Forms (Family Rules)\|Supreme Court Forms & Examples]] part of this resource.

	The process for drafting affidavits and the rules about the content of affidavits are discussed in [[How Do I Prepare an Affidavit?]]. It's located in the Helpful Guides & Common Questions part of this resource.		The process for drafting affidavits and the rules about the content of affidavits are discussed in [[How Do I Prepare an Affidavit?]]. It's located in the Helpful Guides & Common Questions part of this resource.

Nate Russell: /* When an application can be brought */

2026-10-01T23:03:14Z

When an application can be brought

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	===When an application can be brought===		===When an application can be brought===

	The usual rule is that interim applications can only be ~~filed and heard by~~ the court after the respondent has had a chance to file their Response to Family Claim and a judicial case conference has been held. However, exceptions are allowed and applications can be brought earlier than this — sometimes on the same day that the court proceeding is started! — when there is a very urgent problem that needs to be resolved immediately. This might be the case if a parent is threatening to leave the country with the children or family violence is present.		The usual rule is that interim applications can only be brought to the court after the respondent has had a chance to file their Response to Family Claim and a judicial case conference has been held. However, exceptions are allowed and applications can be brought earlier than this — sometimes on the same day that the court proceeding is started! — when there is a very urgent problem that needs to be resolved immediately. This might be the case if a parent is threatening to leave the country with the children or family violence is present.

	Rule 7-1(3) of the Supreme Court Family Rules sets out the exceptions to the requirement that a judicial case conference is held before any applications can be brought:		Rule 7-1(3) of the Supreme Court Family Rules sets out the exceptions to the requirement that a judicial case conference is held before any applications can be brought:
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	#when the application is being made without notice being given to the other side, sometimes called an ''ex parte application''.		#when the application is being made without notice being given to the other side, sometimes called an ''ex parte application''.

	If you must bring an application before the judicial case conference but your application doesn't fit into one of the exceptions described in Rule 7-1(3), you must ask the court for permission to have your application heard before the judicial case conference under Rule 7-1(4). To ask for permission, you must file a Requisition in Form ~~F17~~ with a signed letter explaining why your application should be heard before the judicial case conference. Once the first judicial case conference has been held, interim applications can usually be made at any time.		If you must bring an application before the judicial case conference but your application doesn't fit into one of the exceptions described in Rule 7-1(3), you must ask the court for permission to have your application heard before the judicial case conference under Rule 7-1(4). To ask for permission, you must file a Requisition in Form F18.1 with a signed letter explaining why your application should be heard before the judicial case conference. Once the first judicial case conference has been held, interim applications can usually be made at any time.

	Judicial case conferences are discussed in more detail in the [[Conferences and Supreme Court Family Law Proceedings\|Case Conferences]] section of this chapter.		Judicial case conferences are discussed in more detail in the [[Conferences and Supreme Court Family Law Proceedings\|Case Conferences]] section of this chapter.

Nate Russell: /* Making an application */

2026-10-01T22:56:11Z

Making an application

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	The applicant must serve these materials before setting the application down for a hearing. The applicant cannot set the hearing until each person required to receive the materials has served an Application Response, or the time for that person to serve one has expired.		The applicant must serve these materials before setting the application down for a hearing. The applicant cannot set the hearing until each person required to receive the materials has served an Application Response, or the time for that person to serve one has expired.

	Most application materials can be served by ordinary service under Rule 6-2. However, Rule 10-6(2.1) requires personal service of the application materials for certain applications, including applications to change, suspend, or terminate a final order; to set aside or replace a filed agreement; to change or set aside a parenting coordinator's determination; to change, suspend, or terminate an arbitration award; ~~and~~ for contempt. Check the rules to see whether personal service is required for your application.		Most application materials can be served by ordinary service under Rule 6-2. However, Rule 10-6(2.1) requires personal service of the application materials for certain applications, including applications to change, suspend, or terminate a final order; to set aside or replace a filed agreement; to change or set aside a parenting coordinator's determination; to change, suspend, or terminate an arbitration award; for contempt; or for an order that a person be imprisoned. Check the rules to see whether personal service is required for your application.

	====Making an application without notice====		====Making an application without notice====

Nate Russell: /* The Application Record */

2026-10-01T22:54:16Z

The Application Record

← Older revision		Revision as of 22:54, 1 October 2026
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	The applicant must file the Application Record, an extra copy of the Notice of Application, and the other required materials by 4:00 pm on the business day that is 2 business days before the hearing. The applicant must serve a copy of the index on the application respondent by the same deadline. The timelines for these steps are discussed below in more detail.		The applicant must file the Application Record, an extra copy of the Notice of Application, and the other required materials by 4:00 pm on the business day that is 2 business days before the hearing. The applicant must serve a copy of the index on the application respondent by the same deadline. The timelines for these steps are discussed below in more detail.

			If you file your record ''after'' the deadline of 4:00 pm on the day that is two business days before the hearing date, the registry may not put your application on the list for the hearing date. This can be a bit challenging, because I've seen some pretty long lineups at the registry counter at 3:45 pm, and I suggest you give yourself plenty of time to file your Application Record and get to the registry early.

	~~If you~~ file ~~your record ''after'' the deadline of 4:00 pm on the day that is one business day before~~ the hearing ~~date, the registry will not put your application on the~~ list ~~for the hearing date~~. ~~This can be a bit challenging, because I've seen some pretty long lineups at the registry counter at~~ 3~~:45 pm,~~ and ~~I suggest~~ you ~~give yourself plenty of time to file your Application Record~~ and ~~get to~~ the registry ~~early~~.		Rule 10-6 allows an applicant in some circumstances to apply for permission to file a late Application Record or to reinstate an application to the hearing list. See Rules 10-6(14.3) and (14.4). If you may miss the filing deadline, check the rules and contact the court registry promptly.

	Under Rule 10-6(14)(a), the materials in the Application Record need to be "~~securely bound~~," which ~~usually~~ means that they are assembled in a three-ring binder, although any other kind of secure binding will do. (I once saw an Application Record that was "securely bound" by a couple of hex bolts that had been run through the left-hand margin!) Under Rule 10-6(14)(b), the Application Record must include the following, separated by tabs:		Under Rule 10-6(14)(a), the materials in the Application Record need to be in a "secure binding," which typically means that they are assembled in a three-ring binder, although any other kind of secure binding will do. (I once saw an Application Record that was "securely bound" by a couple of hex bolts that had been run through the left-hand margin!) Under Rule 10-6(14)(b), the Application Record must include the following, separated by tabs:

			#a cover page in Form F32.2;
	#the index to the Application Record;		#the index to the Application Record;
	#the Notice of Application &mdash; Tab 1;		#the Notice of Application &mdash; Tab 1;

Nate Russell: Oct 1 BCSC chambers rules change to "serve then file"

2026-10-01T22:06:11Z

Oct 1 BCSC chambers rules change to "serve then file"

Show changes

Nate Russell at 19:59, 25 June 2025

2025-06-25T19:59:16Z

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	{{JP Boyd on Family Law TOC\|expanded = bcsc}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = bcsc}}{{JPBOFL Editor Badge
	\|CoAuthor = [[Iris Turaglio]]		\|CoAuthor = [[Iris Turaglio]]
			\|ChapterEditors = [[Shannon Aldinger]] and [[Julie Brown]]
	}}Once a BC Supreme Court proceeding has started, it's often helpful, if not necessary, to get one or more short-term orders about important things like where the children will live, or whether and what amount of spousal support should be paid. It may also be necessary to get orders to resolve sticking points in the litigation process itself, often called ''procedural'' or ''case management'' orders. Whether the issue is something important (like the care of children, or the financial needs of a party), or a procedural question (like whether certain documents should be disclosed, or whether a case should be transferred to another registry), getting an order other than at trial often involves making a court application. For issues that need to be dealt with immediately, and which cannot wait months (or even years) until a trial held, the courts can grant short-term orders about important things, called ''interim orders'', and procedural orders about procedural things, but you must make an ''interim application'' in court.		}}Once a BC Supreme Court proceeding has started, it's often helpful, if not necessary, to get one or more short-term orders about important things like where the children will live, or whether and what amount of spousal support should be paid. It may also be necessary to get orders to resolve sticking points in the litigation process itself, often called ''procedural'' or ''case management'' orders. Whether the issue is something important (like the care of children, or the financial needs of a party), or a procedural question (like whether certain documents should be disclosed, or whether a case should be transferred to another registry), getting an order other than at trial often involves making a court application. For issues that need to be dealt with immediately, and which cannot wait months (or even years) until a trial held, the courts can grant short-term orders about important things, called ''interim orders'', and procedural orders about procedural things, but you must make an ''interim application'' in court.

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	For a summary of the application process, see [[How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?]] in the Helpful Guides & Common Questions part of this resource.		For a summary of the application process, see [[How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?]] in the Helpful Guides & Common Questions part of this resource.
	Links to and examples of the court forms used in the process can be found in [[~~Sample~~ Supreme Court Forms (Family Law)\|Supreme Court Forms & Examples]].		Links to and examples of the court forms used in the process can be found in [[Supreme Court Forms (Family Law)\|Supreme Court Forms & Examples]].

	===When an application can be brought===		===When an application can be brought===
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	#if you wish, a proposed date and time for the hearing.		#if you wish, a proposed date and time for the hearing.

	The form you must use is Form F31, which you can download in an editable format in the [[~~Sample~~ Supreme Court Forms (Family ~~Rules~~)\|Supreme Court Forms & Examples]] part of this resource. Form F31 allows the applicant to propose a hearing date and time, but the hearing is set later by filing a Notice of Hearing of Application in Form F31.1. Filing fees are set out in Appendix C of the Supreme Court Family Rules; check the current fee schedule or ask the court registry about the fees that apply.		The form you must use is Form F31, which you can download in an editable format in the [[Supreme Court Forms (Family Law)\|Supreme Court Forms & Examples]] part of this resource. Form F31 allows the applicant to propose a hearing date and time, but the hearing is set later by filing a Notice of Hearing of Application in Form F31.1. Filing fees are set out in Appendix C of the Supreme Court Family Rules; check the current fee schedule or ask the court registry about the fees that apply.

	====Supporting affidavits====		====Supporting affidavits====
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	An affidavit is a written summary of the facts and information that are relevant to an application, given under oath or affirmation.		An affidavit is a written summary of the facts and information that are relevant to an application, given under oath or affirmation.

	The affidavits served with the Notice of Application should describe the important facts that relate to the relief sought in the application. Where possible, if a party has documents that support statements in an affidavit (such as the level of the party's income or financial transactions through a bank), those documents should be attached as exhibits to the affidavit. These affidavits may be brand new or they may have been prepared earlier in the proceeding for a previous application. The form you must use is Form F30, which you can download in an editable format in the [[~~Sample~~ Supreme Court Forms (Family ~~Rules~~)\|Supreme Court Forms & Examples]] part of this resource.		The affidavits served with the Notice of Application should describe the important facts that relate to the relief sought in the application. Where possible, if a party has documents that support statements in an affidavit (such as the level of the party's income or financial transactions through a bank), those documents should be attached as exhibits to the affidavit. These affidavits may be brand new or they may have been prepared earlier in the proceeding for a previous application. The form you must use is Form F30, which you can download in an editable format in the [[Supreme Court Forms (Family Law)\|Supreme Court Forms & Examples]] part of this resource.

	The process for drafting affidavits and the rules about the content of affidavits are discussed in [[How Do I Prepare an Affidavit?]]. It's located in the Helpful Guides & Common Questions part of this resource.		The process for drafting affidavits and the rules about the content of affidavits are discussed in [[How Do I Prepare an Affidavit?]]. It's located in the Helpful Guides & Common Questions part of this resource.
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	#whether you agree with any date and time the applicant proposed for the hearing, if they proposed one.		#whether you agree with any date and time the applicant proposed for the hearing, if they proposed one.

	The form you must use is Form F32, which you can download in an editable format in the [[~~Sample~~ Supreme Court Forms (Family ~~Rules~~)\|Supreme Court Forms & Examples]] part of this resource. There is no fee to file an application response.		The form you must use is Form F32, which you can download in an editable format in the [[Supreme Court Forms (Family Law)\|Supreme Court Forms & Examples]] part of this resource. There is no fee to file an application response.

	====Supporting affidavits====		====Supporting affidavits====
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	An affidavit is a written summary of the facts and information that are relevant to an application, and an application respondent's opposition to an application, given under oath or affirmation.		An affidavit is a written summary of the facts and information that are relevant to an application, and an application respondent's opposition to an application, given under oath or affirmation.

	The affidavits filed with the Application Response should describe the important facts that explain why the application is opposed. These affidavits may be brand new or they may have been prepared for a previous application in the family law proceeding. The form you must use is Form F30, which you can download in an editable format in the [[~~Sample~~ Supreme Court Forms (Family ~~Rules~~)\|Supreme Court Forms & Examples]] part of this resource.		The affidavits filed with the Application Response should describe the important facts that explain why the application is opposed. These affidavits may be brand new or they may have been prepared for a previous application in the family law proceeding. The form you must use is Form F30, which you can download in an editable format in the [[Supreme Court Forms (Family Law)\|Supreme Court Forms & Examples]] part of this resource.

	The process for drafting affidavits and the rules about the content of affidavits are discussed in [[How Do I Prepare an Affidavit?]]. It's located in the Helpful Guides & Common Questions part of this resource.		The process for drafting affidavits and the rules about the content of affidavits are discussed in [[How Do I Prepare an Affidavit?]]. It's located in the Helpful Guides & Common Questions part of this resource.