Starting a Court Proceeding in a Family Matter - Revision history

Nate Russell: Replaced content with "Select: * BC Supreme Court Family Law Proceedings, or * Provincial Court Family Law Proceedings"

2025-04-02T19:53:19Z

Replaced content with "Select: * BC Supreme Court Family Law Proceedings, or * Provincial Court Family Law Proceedings"

Nate Russell at 17:51, 26 June 2024

2024-06-26T17:51:55Z

← Older revision		Revision as of 17:51, 26 June 2024
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	{{JP Boyd on Family Law TOC\|expanded = incourt}}{{JPBOFL Editor Badge		{{DEMOWARNING}}{{JP Boyd on Family Law TOC\|expanded = incourt}}{{JPBOFL Editor Badge
	\|ChapterEditors = [[Shannon Aldinger]] and [[Julie Brown]]		\|ChapterEditors = [[Shannon Aldinger]] and [[Julie Brown]]
	}}		}}
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	#*Nanaimo		#*Nanaimo
	#*Vancouver (Robson Square)		#*Vancouver (Robson Square)
	# All other BC Provincial Court registries are “Parenting Program” registries		# All other BC Provincial Court registries are “Parenting Education Program” registries

	There are different steps involved in starting a Provincial Court proceeding depending on the registry. We’ll go through those now.		There are different steps involved in starting a Provincial Court proceeding depending on the registry. We’ll go through those now.

Nate Russell: /* The Supreme Court */

2023-02-06T20:31:31Z

The Supreme Court

← Older revision		Revision as of 20:31, 6 February 2023
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	To start a proceeding in the Supreme Court, the main document you'll have to prepare is a ''Notice of Family Claim'' in Form F3, a special form prescribed by the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. (This document is one of the basic legal documents in a court proceeding known as "pleadings.") This document says who you are suing and what you're suing them for.		To start a proceeding in the Supreme Court, the main document you'll have to prepare is a ''Notice of Family Claim'' in Form F3, a special form prescribed by the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. (This document is one of the basic legal documents in a court proceeding known as "pleadings.") This document says who you are suing and what you're suing them for.

	Family law proceedings in the Supreme Court are governed by the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. It's important that you have a working knowledge of the rules about how court proceedings are started. As your proceeding progresses, you'll also need to learn the rules about judicial case conferences, disclosure, interim applications, and trials. The main rules about Notices of Family Claim and the management of ~~ciourt~~ proceedings in Supreme Court are:		Family law proceedings in the Supreme Court are governed by the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. It's important that you have a working knowledge of the rules about how court proceedings are started. As your proceeding progresses, you'll also need to learn the rules about judicial case conferences, disclosure, interim applications, and trials. The main rules about Notices of Family Claim and the management of court proceedings in Supreme Court are:

	*Rule 1-1: Definitions		*Rule 1-1: Definitions

Nate Russell: Removed MyLawBC

2023-02-06T20:04:05Z

Removed MyLawBC

← Older revision		Revision as of 20:04, 6 February 2023
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	* [http://www.clicklaw.bc.ca/resource/2268 Justice Education Society website for BC Supreme Court]		* [http://www.clicklaw.bc.ca/resource/2268 Justice Education Society website for BC Supreme Court]
	* BC Ministry of Attorney General: [https://www.clicklaw.bc.ca/resource/4884 Parenting After Separation Course]		* BC Ministry of Attorney General: [https://www.clicklaw.bc.ca/resource/4884 Parenting After Separation Course]
	* ~~Legal Aid BC's~~ [https://www.clicklaw.bc.ca/~~helpmap~~/~~service/1170 MyLawBC~~ Family ~~Resolution Centre~~]:		* [https://www.clicklaw.bc.ca/resource/4640 Legal Aid BC's ''Family Law in BC'' website]
	** See the guided pathway "[https://www.clicklaw.bc.ca/helpmap/service/1170 Get family orders]"

Nate Russell: /* Early Resolution Registries */

2022-07-28T18:22:04Z

Early Resolution Registries

← Older revision		Revision as of 18:22, 28 July 2022
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	===Early Resolution Registries===		===Early Resolution Registries===

	'''Early Resolution Registries''' offer a new process for handling family law disputes. These registries require different steps compared to traditional registries. So far, Surrey and Victoria are the only Early Resolution Registries, although the BC government has indicated they may add more locations.		''Early Resolution Registries'' offer a new process for handling family law disputes. These registries require different steps compared to traditional registries. So far, Surrey and Victoria are the only Early Resolution Registries, although the BC government has indicated they may add more locations.

	The Early Resolution process, sometimes referred to as the ''Early Resolution and Case Management process'', is intended to encourage parties to resolve family disputes by agreement, or if that's not possible, to help them obtain fair decisions in Provincial Court in a timely manner.		The Early Resolution process, sometimes referred to as the ''Early Resolution and Case Management process'', is intended to encourage parties to resolve family disputes by agreement, or if that's not possible, to help them obtain fair decisions in Provincial Court in a timely manner.

Nate Russell: /* Early Resolution Registries */

2022-07-28T18:21:44Z

Early Resolution Registries

← Older revision		Revision as of 18:21, 28 July 2022
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	The Early Resolution process is only for claims under the ''[[Family Law Act]]''. It is not for child protection matters, and it is not used for claims brought by the Ministry of Children and Family Development or a Delegated Aboriginal Agency.		The Early Resolution process is only for claims under the ''[[Family Law Act]]''. It is not for child protection matters, and it is not used for claims brought by the Ministry of Children and Family Development or a Delegated Aboriginal Agency.

	~~====How the Early Resolution process works====~~		====Starting a case in an Early Resolution Registry====
	=====Starting a case in an Early Resolution Registry=====
	The Early Resolution process is designed to encourage parties to resolve family disputes by agreement or to help them move their case along to a quicker resolution.		The Early Resolution process is designed to encourage parties to resolve family disputes by agreement or to help them move their case along to a quicker resolution.

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	When issues are resolved during early resolution, you can formalize your agreements by written agreement or consent order.		When issues are resolved during early resolution, you can formalize your agreements by written agreement or consent order.

	=====Replying to a Family Law Matter in an Early Resolution Registry=====		====Replying to a Family Law Matter in an Early Resolution Registry====

	If you are served with a Notice to Resolve a Family Law Matter filed at the Victoria or Surrey registry, you'll have to complete three steps before you can file your Reply to an Application About a Family Law Matter. Those three steps are:		If you are served with a Notice to Resolve a Family Law Matter filed at the Victoria or Surrey registry, you'll have to complete three steps before you can file your Reply to an Application About a Family Law Matter. Those three steps are:
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	# '''Consensual Dispute Resolution''': If it is appropriate, you and the other party will participate in at least one consensual dispute resolution session to mediate your issues.		# '''Consensual Dispute Resolution''': If it is appropriate, you and the other party will participate in at least one consensual dispute resolution session to mediate your issues.

	===== What happens when parties can't resolve issues during Early Resolution?=====		==== What happens when parties can't resolve issues during Early Resolution?====
	If there are still some issues that need to be resolved and you need the Court's help, you then file a form called the [[PCFR Form 3 Application About a Family Law Matter\|Application About a Family Law Matter]] with all your supporting documents and serve it on the other party or parties.		If there are still some issues that need to be resolved and you need the Court's help, you then file a form called the [[PCFR Form 3 Application About a Family Law Matter\|Application About a Family Law Matter]] with all your supporting documents and serve it on the other party or parties.

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	If there are still issues to resolve, the judge can make case management orders to ensure the matter is ready for trial if one is needed. The usual process in Provincial Court for case conferences, trial preparation, trials, and enforcement of Family Maintenance matters still applies if your issues have not been fully resolved.		If there are still issues to resolve, the judge can make case management orders to ensure the matter is ready for trial if one is needed. The usual process in Provincial Court for case conferences, trial preparation, trials, and enforcement of Family Maintenance matters still applies if your issues have not been fully resolved.

	=====What else do I need to know about the Early Resolution process?=====		====What else do I need to know about the Early Resolution process?====
	The Early Resolution process also includes rules for applications about:		The Early Resolution process also includes rules for applications about:
	* protection orders		* protection orders

Nate Russell at 22:37, 15 July 2022

2022-07-15T22:37:37Z

Show changes

Nate Russell at 17:20, 18 October 2021

2021-10-18T17:20:07Z

← Older revision		Revision as of 17:20, 18 October 2021
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	<span style="color:#D2691E">'''Important changes'''</span> <br />		<span style="color:#D2691E">'''Important changes'''</span> <br />
	The rules used by the Provincial Court ~~are changing~~. As well, special processes are now being used by the Provincial Court in Victoria and Surrey. If you have a family law case in the Victoria and Surrey courthouses, speak to the court staff about how your case is affected.		The rules used by the Provincial Court changed in May 2021. Read [[Recent Changes to Family Law in British Columbia]]. As well, special processes are now being used by the Provincial Court in Victoria and Surrey. If you have a family law case in the Victoria and Surrey courthouses, speak to the court staff about how your case is affected.

	==The Supreme Court==		==The Supreme Court==

Jpboyd at 20:15, 6 March 2021

2021-03-06T20:15:26Z

← Older revision		Revision as of 20:15, 6 March 2021
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	This section reviews the processes for starting a proceeding in the Supreme Court and the Provincial Court. For a more complete picture of the court process, read this section together with the section on [[Replying_to_a_Court_Proceeding_in_a_Family_Matter\|Replying to a Court Proceeding]].		This section reviews the processes for starting a proceeding in the Supreme Court and the Provincial Court. For a more complete picture of the court process, read this section together with the section on [[Replying_to_a_Court_Proceeding_in_a_Family_Matter\|Replying to a Court Proceeding]].

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			The rules used by the Provincial Court are changing. As well, special processes are now being used by the Provincial Court in Victoria and Surrey. If you have a family law case in the Victoria and Surrey courthouses, speak to the court staff about how your case is affected.

	==The Supreme Court==		==The Supreme Court==

Corinne Shortridge: /* Links */

2019-06-28T16:57:26Z

Links

← Older revision		Revision as of 16:57, 28 June 2019
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	===Links===		===Links===

	* [~~http~~://www.provincialcourt.bc.ca/ Provincial Court website]		* [https://www.provincialcourt.bc.ca/ Provincial Court website]
	* [https://www.bccourts.ca/supreme_court/ Supreme Court website]		* [https://www.bccourts.ca/supreme_court/ Supreme Court website]
	* [http://www.clicklaw.bc.ca/resource/2268 Justice Education Society ~~Website~~ for BC Supreme Court]		* [http://www.clicklaw.bc.ca/resource/2268 Justice Education Society website for BC Supreme Court]
	* BC Ministry of Attorney General: [https://www.clicklaw.bc.ca/resource/2636 Parenting After Separation Handbook]		* BC Ministry of Attorney General: [https://www.clicklaw.bc.ca/resource/2636 Parenting After Separation Handbook]
	* [http://www.clicklaw.bc.ca/resource/4395 Online Parenting After Separation Course] from Justice Education Society		* [http://www.clicklaw.bc.ca/resource/4395 Online Parenting After Separation Course] from Justice Education Society