Difference between revisions of "How Do I Start a Family Law Action in the Provincial Court?"
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{{JP Boyd on Family Law TOC | {{JP Boyd on Family Law How Do I TOC|expanded=starting}} | ||
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| link = [ | | link = [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/provincial-court/get-new-family-order-provincial-court-if starting a family law action<br/> in Provincial Court] | ||
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Starting a court proceeding | Starting a court proceeding in the Provincial Court is fairly straightforward, but if your family law matter is at one of the ''Early Resolution registries'' you will need to follow a slightly different process than the one outlined below. At the time of writing, Victoria and Surrey are the only registries that follow the early resolution process, but that could change by the time you’re reading this, so please check the government’s [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Early Resolution Process webpage] to make sure you're dealing with the correct procedure for the registry that you're in. That website also explains the steps involved in the Early Resolution process, which are not addressed here. | ||
This page talks about the procedure followed by the majority of the Provincial Court registries, which are either ''Family Justice registries'' (currently Vancouver, Kelowna and Nanaimo), or ''Parenting Education Program registries’’ (all other locations). | |||
In most cases, you have to fill out a document called a Form 3 Application About a Family Law Matter. and file it in the registry of the court closest to you. | |||
If you are making a claim for ''guardianship'' of a child, you will also have to fill out a special affidavit in Form | There are no filing fees, and the court will tell you how to go about serving the other side. | ||
You can get a copy of the Form 3 Application About a Family Law Matter from the court registry for free. The forms are also available online. See [https://family.legalaid.bc.ca/forms/supreme Legal Aid BC's Family Law website's online list of forms]. | |||
You can even use the BC Government's new online form filing service which walks you through and automates much of the application process. See the online [https://justice.gov.bc.ca/apply-for-family-order/ Apply for a Family Law Act Order] tool. The version of the form that you can get from the court registry includes lots of information about how to fill it out. | |||
If you are making a claim for ''spousal support'' or ''child support'', you'll also have to fill out a form called a Form 4 Financial Statement. The court registry will provide you with this form, or you can find it online. Again, the form is fairly easy to fill out. However, there are certain documents that you must gather and attach to the form, including your last three years' worth of tax returns, your most recent paystub, and so forth. | |||
If you are making a claim for ''guardianship'' of a child, you will also have to fill out a special affidavit in Form 5, and provide copies of recent police and Ministry of Children and Family Development records checks. | |||
==When to use the Provincial Court== | ==When to use the Provincial Court== | ||
The authority of the Provincial Court is limited and it can only deal with certain issues. You | The authority of the Provincial Court is limited and it can only deal with certain issues. You can use the Provincial Court when the things you need to deal with involve any of the following: | ||
*guardianship of children, | *guardianship of children, | ||
Line 21: | Line 28: | ||
*contact with a child, | *contact with a child, | ||
*child support, | *child support, | ||
*spousal support, and | *spousal support, | ||
* | *protection orders, and | ||
*after 14 January 2024, orders dealing with ownership of pets (or companion animals as they're referred to in the ''Family Law Act''). | |||
==When not to use the Provincial Court== | ==When not to use the Provincial Court== | ||
The Provincial Court cannot deal with issues involving property or debts. The Provincial Court cannot make orders under the ''Divorce Act'', including divorce orders. If you need orders about property, debt or divorce, you might think about starting your court proceeding in the Supreme Court which can deal with all of these issues and all of the issues that the Provincial Court can deal with. | The Provincial Court cannot deal with issues involving property or debts, with the sole exception of dealing with pet ownership (which is a new jurisdiction of the Provincial Court effective 15 January 2024). The Provincial Court cannot make orders under the ''Divorce Act'', including divorce orders. If you need orders about property, debt, or divorce, you might think about starting your court proceeding in the Supreme Court, which can deal with all of these issues and all of the issues that the Provincial Court can deal with. | ||
==What happens next?== | ==What happens next?== | ||
Once you've filed your Application | Once you've filed your Form 3 Application About a Family Law Matter, you'll have to have it served on the other person and get your process server to complete an Form 48 Affidavit of Personal Service. Once the other person has been served, they will have 30 days to file a form called a Form 6 Reply to an Application About a Family Law Matter, and, if either of you are making a claim for spousal support or child support, their Form 4 Financial Statement as well. The court will mail you a copy of these documents. | ||
When the court | When the court receives the other person's Form 6 Reply to an Application About a Family Law Matter, the court will normally schedule a date for a Family Management Conference. | ||
In certain registries there may be other requirements that you must meet before the Family Management Conference. For example, you may be required to take the Parenting After Separation course or the Parenting After Separation for Indigenous Families course. The registry will let you know what steps you have to take. | |||
{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[Matthew Ostrow]], September 19, 2023}} | ||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
{{Creative Commons for JP Boyd}} | |||
[[Category:Helpful Guides & Common Questions|S]] | |||
[[Category:Starting a Family Law Action]] | |||
[[Category:JP Boyd on Family Law]] | |||
Latest revision as of 22:02, 17 January 2024
Starting a court proceeding in the Provincial Court is fairly straightforward, but if your family law matter is at one of the Early Resolution registries you will need to follow a slightly different process than the one outlined below. At the time of writing, Victoria and Surrey are the only registries that follow the early resolution process, but that could change by the time you’re reading this, so please check the government’s Early Resolution Process webpage to make sure you're dealing with the correct procedure for the registry that you're in. That website also explains the steps involved in the Early Resolution process, which are not addressed here.
This page talks about the procedure followed by the majority of the Provincial Court registries, which are either Family Justice registries (currently Vancouver, Kelowna and Nanaimo), or Parenting Education Program registries’’ (all other locations).
In most cases, you have to fill out a document called a Form 3 Application About a Family Law Matter. and file it in the registry of the court closest to you.
There are no filing fees, and the court will tell you how to go about serving the other side.
You can get a copy of the Form 3 Application About a Family Law Matter from the court registry for free. The forms are also available online. See Legal Aid BC's Family Law website's online list of forms.
You can even use the BC Government's new online form filing service which walks you through and automates much of the application process. See the online Apply for a Family Law Act Order tool. The version of the form that you can get from the court registry includes lots of information about how to fill it out.
If you are making a claim for spousal support or child support, you'll also have to fill out a form called a Form 4 Financial Statement. The court registry will provide you with this form, or you can find it online. Again, the form is fairly easy to fill out. However, there are certain documents that you must gather and attach to the form, including your last three years' worth of tax returns, your most recent paystub, and so forth.
If you are making a claim for guardianship of a child, you will also have to fill out a special affidavit in Form 5, and provide copies of recent police and Ministry of Children and Family Development records checks.
When to use the Provincial Court[edit]
The authority of the Provincial Court is limited and it can only deal with certain issues. You can use the Provincial Court when the things you need to deal with involve any of the following:
- guardianship of children,
- parenting arrangements for children,
- contact with a child,
- child support,
- spousal support,
- protection orders, and
- after 14 January 2024, orders dealing with ownership of pets (or companion animals as they're referred to in the Family Law Act).
When not to use the Provincial Court[edit]
The Provincial Court cannot deal with issues involving property or debts, with the sole exception of dealing with pet ownership (which is a new jurisdiction of the Provincial Court effective 15 January 2024). The Provincial Court cannot make orders under the Divorce Act, including divorce orders. If you need orders about property, debt, or divorce, you might think about starting your court proceeding in the Supreme Court, which can deal with all of these issues and all of the issues that the Provincial Court can deal with.
What happens next?[edit]
Once you've filed your Form 3 Application About a Family Law Matter, you'll have to have it served on the other person and get your process server to complete an Form 48 Affidavit of Personal Service. Once the other person has been served, they will have 30 days to file a form called a Form 6 Reply to an Application About a Family Law Matter, and, if either of you are making a claim for spousal support or child support, their Form 4 Financial Statement as well. The court will mail you a copy of these documents.
When the court receives the other person's Form 6 Reply to an Application About a Family Law Matter, the court will normally schedule a date for a Family Management Conference. In certain registries there may be other requirements that you must meet before the Family Management Conference. For example, you may be required to take the Parenting After Separation course or the Parenting After Separation for Indigenous Families course. The registry will let you know what steps you have to take.
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Matthew Ostrow, September 19, 2023. |
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