Understanding the Legal System for Family Law Matters - Revision history

Iwojtowicz: Reverted edit by Iwojtowicz (talk) to last revision by Nate Russell

2025-04-08T20:24:16Z

Reverted edit by Iwojtowicz (talk) to last revision by Nate Russell

← Older revision		Revision as of 20:24, 8 April 2025
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	}}In its broadest sense, ''the legal system'' refers to how laws and policies are made, how we decide which problems are legal problems, all of the ways that legal problems are addressed, all of the people involved in resolving legal problems — including politicians, government staff, judges, prosecutors, lawyers, court administrators, mediators, arbitrators, and mental health professionals — and all of the people experiencing legal problems. This chapter takes a narrow view of the legal system, but it's the view that we see in movies and on television, where all legal problems are resolved in court by a judge after listening to lawyers arguing about the law.		}}In its broadest sense, ''the legal system'' refers to how laws and policies are made, how we decide which problems are legal problems, all of the ways that legal problems are addressed, all of the people involved in resolving legal problems — including politicians, government staff, judges, prosecutors, lawyers, court administrators, mediators, arbitrators, and mental health professionals — and all of the people experiencing legal problems. This chapter takes a narrow view of the legal system, but it's the view that we see in movies and on television, where all legal problems are resolved in court by a judge after listening to lawyers arguing about the law.

	The chapter begins with a brief overview of the basic elements of our legal system and how they work together. The sections that follow discuss the legal system in more detail, covering [[The Court System for Family Matters\|the court system]], [[The Law for Family Matters\|the law]], and [[You & Your Lawyer\|the lawyer-client relationship]], in the context of family law disputes. It finishes by talking about the barriers and obstacles people often experience in resolving their legal problems, in the [[Access to Family Justice]] section.		The chapter begins with a <span class="noglossary">brief</span> overview of the basic elements of our legal system and how they work together. The sections that follow discuss the legal system in more detail, covering [[The Court System for Family Matters\|the court system]], [[The Law for Family Matters\|the law]], and [[You & Your Lawyer\|the lawyer-client relationship]], in the context of family law disputes. It finishes by talking about the barriers and obstacles people often experience in resolving their legal problems, in the [[Access to Family Justice]] section.

	==Introduction==		==Introduction==

Iwojtowicz at 20:23, 8 April 2025

2025-04-08T20:23:58Z

← Older revision		Revision as of 20:23, 8 April 2025
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	}}In its broadest sense, ''the legal system'' refers to how laws and policies are made, how we decide which problems are legal problems, all of the ways that legal problems are addressed, all of the people involved in resolving legal problems — including politicians, government staff, judges, prosecutors, lawyers, court administrators, mediators, arbitrators, and mental health professionals — and all of the people experiencing legal problems. This chapter takes a narrow view of the legal system, but it's the view that we see in movies and on television, where all legal problems are resolved in court by a judge after listening to lawyers arguing about the law.		}}In its broadest sense, ''the legal system'' refers to how laws and policies are made, how we decide which problems are legal problems, all of the ways that legal problems are addressed, all of the people involved in resolving legal problems — including politicians, government staff, judges, prosecutors, lawyers, court administrators, mediators, arbitrators, and mental health professionals — and all of the people experiencing legal problems. This chapter takes a narrow view of the legal system, but it's the view that we see in movies and on television, where all legal problems are resolved in court by a judge after listening to lawyers arguing about the law.

	The chapter begins with a ~~<span class="noglossary">~~brief~~</span>~~ overview of the basic elements of our legal system and how they work together. The sections that follow discuss the legal system in more detail, covering [[The Court System for Family Matters\|the court system]], [[The Law for Family Matters\|the law]], and [[You & Your Lawyer\|the lawyer-client relationship]], in the context of family law disputes. It finishes by talking about the barriers and obstacles people often experience in resolving their legal problems, in the [[Access to Family Justice]] section.		The chapter begins with a brief overview of the basic elements of our legal system and how they work together. The sections that follow discuss the legal system in more detail, covering [[The Court System for Family Matters\|the court system]], [[The Law for Family Matters\|the law]], and [[You & Your Lawyer\|the lawyer-client relationship]], in the context of family law disputes. It finishes by talking about the barriers and obstacles people often experience in resolving their legal problems, in the [[Access to Family Justice]] section.

	==Introduction==		==Introduction==

Nate Russell: /* Representing yourself */

2024-12-02T21:20:28Z

Representing yourself

← Older revision		Revision as of 21:20, 2 December 2024
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	To find out what to expect in the courtroom, read [[How Do I Conduct Myself in Court at an Application?]] It's located in the Helpful Guides & Common Questions part of this resource, in the section [[JP Boyd on Family Law — Helpful Guides and Common Questions#Courtroom Protocol\|Courtroom Protocol]].		To find out what to expect in the courtroom, read [[How Do I Conduct Myself in Court at an Application?]] It's located in the Helpful Guides & Common Questions part of this resource, in the section [[JP Boyd on Family Law — Helpful Guides and Common Questions#Courtroom Protocol\|Courtroom Protocol]].

	Sometimes people begin a court action with a lawyer, and then start to represent themselves. If you do this, you need to notify the other parties and the court of the change. See [[How Do I Tell Everyone That I'm Representing Myself?]]. It's located in the Helpful Guides & Common Questions part of this resource.		Sometimes people begin a court action with a lawyer, and then start to represent themselves. If you do this, you need to notify the other parties and the court of the change. See [[How Do I Tell Everyone That I'm Representing Myself?]] It's also located in the Helpful Guides & Common Questions part of this resource.

	==Resources and links==		==Resources and links==

Nate Russell: /* Representing yourself */

2024-12-02T21:19:28Z

Representing yourself

← Older revision		Revision as of 21:19, 2 December 2024
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	A good start would be to read through the other sections in this chapter on [[The Law for Family Matters]], and [[You and Your Lawyer]], as well as the section on [[The Court System for Family Matters]] within the [[Resolving Family Law Problems in Court]] chapter. You might also want to read a short note I've written for people who are representing themselves in a court proceeding, "[[Media:SRL_Bill_of_Rights_and_Responsibilities_-_November_2012_-_JP_Boyd.pdf\|The Rights and Responsibilities of the Self-Represented Litigant]]" (PDF).		A good start would be to read through the other sections in this chapter on [[The Law for Family Matters]], and [[You and Your Lawyer]], as well as the section on [[The Court System for Family Matters]] within the [[Resolving Family Law Problems in Court]] chapter. You might also want to read a short note I've written for people who are representing themselves in a court proceeding, "[[Media:SRL_Bill_of_Rights_and_Responsibilities_-_November_2012_-_JP_Boyd.pdf\|The Rights and Responsibilities of the Self-Represented Litigant]]" (PDF).

	To find out what to expect in the courtroom, read [[How Do I Conduct Myself in Court at an Application?]] It's located in the Helpful Guides & Common Questions part of this resource, in the section [[Helpful Guides and Common Questions#Courtroom Protocol\|Courtroom Protocol]].		To find out what to expect in the courtroom, read [[How Do I Conduct Myself in Court at an Application?]] It's located in the Helpful Guides & Common Questions part of this resource, in the section [[JP Boyd on Family Law — Helpful Guides and Common Questions#Courtroom Protocol\|Courtroom Protocol]].

	Sometimes people begin a court action with a lawyer, and then start to represent themselves. If you do this, you need to notify the other parties and the court of the change. See [[How Do I Tell Everyone That I'm Representing Myself?]]. It's located in the Helpful Guides & Common Questions part of this resource.		Sometimes people begin a court action with a lawyer, and then start to represent themselves. If you do this, you need to notify the other parties and the court of the change. See [[How Do I Tell Everyone That I'm Representing Myself?]]. It's located in the Helpful Guides & Common Questions part of this resource.

Nate Russell: /* Representing yourself */

2024-12-02T21:18:30Z

Representing yourself

← Older revision		Revision as of 21:18, 2 December 2024
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	A good start would be to read through the other sections in this chapter on [[The Law for Family Matters]], and [[You and Your Lawyer]], as well as the section on [[The Court System for Family Matters]] within the [[Resolving Family Law Problems in Court]] chapter. You might also want to read a short note I've written for people who are representing themselves in a court proceeding, "[[Media:SRL_Bill_of_Rights_and_Responsibilities_-_November_2012_-_JP_Boyd.pdf\|The Rights and Responsibilities of the Self-Represented Litigant]]" (PDF).		A good start would be to read through the other sections in this chapter on [[The Law for Family Matters]], and [[You and Your Lawyer]], as well as the section on [[The Court System for Family Matters]] within the [[Resolving Family Law Problems in Court]] chapter. You might also want to read a short note I've written for people who are representing themselves in a court proceeding, "[[Media:SRL_Bill_of_Rights_and_Responsibilities_-_November_2012_-_JP_Boyd.pdf\|The Rights and Responsibilities of the Self-Represented Litigant]]" (PDF).

	To find out what to expect in the courtroom, read		To find out what to expect in the courtroom, read [[How Do I Conduct Myself in Court at an Application?]] It's located in the Helpful Guides & Common Questions part of this resource, in the section [[Helpful Guides and Common Questions#Courtroom Protocol\|Courtroom Protocol]].
	[[How Do I Conduct Myself in Court at an Application?]]. It's located in the Helpful Guides & Common Questions part of this resource, in the section [[~~JP Boyd on Family Law -~~ Helpful Guides and Common Questions#Courtroom Protocol\|Courtroom Protocol]].

	Sometimes people begin a court action with a lawyer, and then start to represent themselves. If you do this, you need to notify the other parties and the court of the change. See [[How Do I Tell Everyone That I'm Representing Myself?]]. It's located in the Helpful Guides & Common Questions part of this resource.		Sometimes people begin a court action with a lawyer, and then start to represent themselves. If you do this, you need to notify the other parties and the court of the change. See [[How Do I Tell Everyone That I'm Representing Myself?]]. It's located in the Helpful Guides & Common Questions part of this resource.

Nate Russell at 21:17, 2 December 2024

2024-12-02T21:17:25Z

← Older revision		Revision as of 21:17, 2 December 2024
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	====The Supreme Court====		====The Supreme Court====

	The Supreme Court can deal with any legal claim and there is no limit to the court's authority, except for the limits set out in the court's procedural rules and in the Constitution. There are three kinds of judicial official in the Supreme Court: justices, masters, and registrars. Justices and ~~masters~~ deal with most family law problems, and only justices hear trials.		The Supreme Court can deal with any legal claim and there is no limit to the court's authority, except for the limits set out in the court's procedural rules and in the Constitution. There are three kinds of judicial official in the Supreme Court: justices, associate judges (which used to be called ''masters''), and registrars. Justices and associate judges deal with most family law problems, and only justices hear trials.

	There are two sets of rules in the Supreme Court: the [http://canlii.ca/t/8mcr Supreme Court Family Rules], which apply just to family law disputes, and the [http://canlii.ca/t/8lld Supreme Court Civil Rules], which apply to all other non-criminal disputes. Each set of rules has its own court forms.		There are two sets of rules in the Supreme Court: the [http://canlii.ca/t/8mcr Supreme Court Family Rules], which apply just to family law disputes, and the [http://canlii.ca/t/8lld Supreme Court Civil Rules], which apply to all other non-criminal disputes. Each set of rules has its own court forms.

	The Supreme Court is a trial court, like the Provincial Court, and an appeal court. The Supreme Court hears appeals from Provincial Court decisions, and justices of the Supreme Court hear appeals from ~~masters~~' decisions.		The Supreme Court is a trial court, like the Provincial Court, and an appeal court. The Supreme Court hears appeals from Provincial Court decisions, and justices of the Supreme Court hear appeals from associated judges' decisions.

	====The Court of Appeal====		====The Court of Appeal====
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	==Court processes==		==Court processes==

	All court processes start and end more or less the same way. You must file a particular form in court and serve the filed document on the other party. After being served, the other party has a certain number of days to file a reply. If the other party replies, there is a hearing. If the other party doesn't reply and you can prove that they were served, you can ask for a judgment in default. That's about it in a nutshell. The chapter on [[Resolving Family Law Problems in Court]], especially the ~~sections that~~ are continuously updated in the online version of ''JP Boyd on Family Law'', address these processes.		All court processes start and end more or less the same way. You must file a particular form in court and serve the filed document on the other party. After being served, the other party has a certain number of days to file a reply. If the other party replies, there is a hearing. If the other party doesn't reply and you can prove that they were served, you can ask for a judgment in default. That's about it in a nutshell. The chapter on [[Resolving Family Law Problems in Court]] (which starts with an overview of litigation in family law), but especially the chapters on [[Family Law Litigation in Supreme Court]] and [[Family Law Litigation in Provincial Court]] (which are continuously updated in the online version of ''JP Boyd on Family Law''), address these processes.

	In the Provincial Court, you generally start a court proceeding by filing an ''Application About a Family Law Matter'' in Form 3. The other party has 30 days after being served to file a ''Reply to an Application About a Family Law Matter'' in Form 6. Read [How Do I Start a Family Law Action in the Provincial Court?] in the Helpful Guides & Common Questions part of this resource for more information.		In the Provincial Court, you generally start a court proceeding by filing an ''Application About a Family Law Matter'' in Form 3. The other party has 30 days after being served to file a ''Reply to an Application About a Family Law Matter'' in Form 6. Read [How Do I Start a Family Law Action in the Provincial Court?] in the Helpful Guides & Common Questions part of this resource for more information.

Nate Russell: Clicklaw directory link edit

2024-08-02T22:43:37Z

Clicklaw directory link edit

← Older revision		Revision as of 22:43, 2 August 2024
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	==Representing yourself==		==Representing yourself==
	{{Clicklawbadge		{{Clicklawbadge
	\| resourcetype = many helpful resources from ~~the~~		\| resourcetype = many helpful resources are available from
	\| link = [https://www.clicklaw.bc.ca/~~organization~~/~~solveproblems/1199 National Self-Represented Litigants Project (NSRLP)~~]}}		\| link = [https://www.clicklaw.bc.ca/legal-topics/family Clicklaw]}}
	There is no rule that says that you must have a lawyer represent you in court. Although a court proceeding can be complicated to manage and the rules of court can be confusing, you have the right to represent yourself.		There is no rule that says that you must have a lawyer represent you in court. Although a court proceeding can be complicated to manage and the rules of court can be confusing, you have the right to represent yourself.

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	*[[Media:SRL_Bill_of_Rights_and_Responsibilities_-_November_2012_-_JP_Boyd.pdf\|The Rights and Responsibilities of the Self-Represented Litigant]] (PDF)		*[[Media:SRL_Bill_of_Rights_and_Responsibilities_-_November_2012_-_JP_Boyd.pdf\|The Rights and Responsibilities of the Self-Represented Litigant]] (PDF)
	*[https://~~www.clicklaw.bc~~.ca/~~resource~~/~~4900~~ Family Law Handbook] from the Canadian Judicial Council		*[https://canlii.ca/t/tcmq Family Law Handbook for Self-Represented Litigants] from the Canadian Judicial Council
	*[https://~~www.clicklaw~~.~~bc.ca~~/~~resource/4039~~ Guide to Preparing for a Family Court Trial in Provincial Court] from the Provincial Court of BC		*[https://perma.cc/WA4T-DAG6 Guide to Preparing for a Family Court Trial in Provincial Court] from the Provincial Court of BC
	*[https://~~www~~.~~clicklaw.bc.ca/organization~~/~~solveproblems~~/~~1199~~ The National Self-Represented Litigants Project resources]		*[https://representingyourselfcanada.com/our-srl-resources/ The National Self-Represented Litigants Project resources]
	*Legal Aid BC's [https://family.legalaid.bc.ca/ Family Law in BC] website		*Legal Aid BC's [https://family.legalaid.bc.ca/ Family Law in BC] website

Nate Russell: From staging 2024

2024-01-11T22:19:43Z

From staging 2024

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Nate Russell: Unused template removed

2022-07-14T18:24:29Z

Unused template removed

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	~~{{JPBOFL Start Chapter~~
	~~\| Related = [[The Court System for Family Matters\|The Court System]]{{·}}[[The Law for Family Matters\|The Law]]{{·}}[[You & Your Lawyer\|You & Your Lawyer]]~~
	}}

	{{JP Boyd on Family Law TOC\|expanded = intro}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = intro}}{{JPBOFL Editor Badge
	\|ChapterEditors = [[Bob Mostar]] and [[Mark Norton]]		\|ChapterEditors = [[Bob Mostar]] and [[Mark Norton]]

Nate Russell: From staging June 2022

2022-06-14T23:14:10Z

From staging June 2022

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