Starting a Court Proceeding in a Family Matter: Difference between revisions

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If you want the court to make an order about anything, such as the custody of children or the payment of spousal support or the division of assets, you must begin a court proceeding. There are certain steps you must take, certain fees you must pay and certain forms you must fill out before the court will hear your case. While the staff at the court registries are friendly and extremely helpful, it is your job to prepare these materials, gather your evidence and take the steps necessary to bring your case before a judge.
If you need the court to make an order about anything, from the care of children to the payment of spousal support to the division of property, or even just an order for your divorce, you must start a court proceeding. Your court proceeding will end with a trial, if you can't settle your legal problem first, after which the judge will make an order... hopefully the order you want the judge to make. There are certain steps you must take, certain fees you must pay, and certain forms you must fill out before you get to your trial. Although the staff at the court registries are friendly and do their best to be helpful, they cannot provide legal advice, fill out forms for you or tell you how to manage your court proceeding. It is ''your'' job to prepare these materials, gather the evidence you need, and take the other steps necessary to bring your proceeding to a judge at trial.


This chapter offers a brief caution about starting an action in haste and a handy legal fees guesstimator which will help you calculate the potential cost of a trial. This chapter reviews the processes for starting an action in the Supreme Court and the Provincial Court, with a separate discussion of Judicial Case Conferences and Family Case Conferences. Sample court documents are also provided.
This section describes basic elements of the Provincial Court process, but please refer to the resources on Legal Aid BC's Family Law website and the links posted at the end of this section. This section deals with the processes for starting a proceeding in the Supreme Court. For a more complete picture of the court process, you should read this section together with the section on [[Responding to a Court Proceeding in a Family Matter]].  


'''DRAFT ONLY'''


==Hold on for a minute, is litigation really necessary?==
==The Provincial Court==
The BC Provincial Court operates in approximately 84 locations around the province. Half of these locations operate part-time only, and are unstaffed the rest of the time. The other half operate in courthouses that are staffed and have their own court registries. (Registry staff are the people who deal with the paperwork, scheduling, etc.)


Sometimes, you really have no choice except to start an action. But, please think twice before you do, and make certain that ligitation is your only choice.
Before you start a proceeding in Provincial Court, you have to determine which registry to use. If an existing case has already been started involving the same parties, then you have to use the registry where that case is located. If there’s no existing case and kids are involved, then you have to use the registry closest to where the kids live most of the time; if no kids are involved, then you use the registry closest to the residence of the person who first files a court document under the Provincial Court Rules.


The end of a relationship, especially a long relationship, is an emotionally charged, stressful moment. Ligitation is not the only way there is to solve a problem, even though it might be really tempting to drop the bomb and hire the most aggressive lawyer you can find. Before you decide to go to court, think about these things first:
After you’ve determined which registry to use, find out what kind of registry it is. In BC, we have three types of registries:  
#The “Early Resolution” registries;
#*Surrey 
#*Victoria 
#“Family Justice” registries 
#*Kelowna 
#*Nanaimo
#*Vancouver (Robson Square) 
# All other BC Provincial Court registries are “Parenting Education Program” registries 


Your future relationship with your ex: Right now you might hate your ex and want to rip his or her eyes out. You might not feel that way a in a year or two. If you don't have children, it might be entirely possible for you to simple walk out of each other's lives and into the sunset. If you do have children, you do not have that option. Your relationship as partners might be over, but your relationship as parents will continue forever.
There are different steps involved in starting a Provincial Court proceeding depending on the registry. We’ll go through those now.  
Your children, and your relationship with your children: Your children will be aware that there is a conflict between you and your ex, an understanding that will differ depending on the children's ages. When parents are engaged in litigation, it can be tremendously difficult to shield the children from the litigation and shield the children from your emotional reaction to the litigation. It can also be difficult to refrain from using the children as weapons in the litigation. This will always affect the children adversely and often in ways you don't expect.
Your own worries and anxieties: Litigation is almost always an uncertain affair. No one, not even your lawyer, will guarantee that you will be successful about any issue. At the end of the day, fundamental decisions will be made by a complete stranger — the judge — about the things that matter the most to you, and his or her decision is not something you can predict with absolute certainty. On top of that, litigation, especially when you're doing it yourself, is extremely stressful. The documents and processes will be new to you, and each court appearance will be a fresh cause of anxiety and uncertainty.
Your pocket book: The only time litigation isn't expensive is when you do it yourself. If you opt to hire a lawyer, be prepared to pay and pay a lot. Sometimes a lawyer can help you get things done quickly and with a minimum of fuss and bother, but if emotions are running high, you stand to pay a whopping legal bill, espcially if you go all the way through to trial.
Speaking of your lawyer's bill, you may want to try my trial fees guesstimator to get a very rough, and probably low, idea of the potential legal fees involved in going to trial.


There are other ways of solving your problem than litigation. Going to court is only one of the ways to bring your dispute to an end. Other, less confrontational and less adversarial approaches include: negotiation, mediation, arbitration and collaborative law. All of these other approaches generally cost a lot less, and, because they are co-operative in nature, they'll give you the best chance of maintaining a working relationship with your ex after the dust has settled. (These options are discussed in more detail the Alternatives to Court section of this website.)
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Now, in fairness, there are times when litigation is your only choice. It may be critical to start an action when:
===Early Resolution Registries===


there is a threat or a risk of child abduction;
''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.
there has been physical, verbal or sexual abuse in the relationship, whether to you or to your children;
threats have been made to your physical safety, or to the safety of your children;
there is a threat or a risk that your ex will damage, hide or dispose of property;
there is an urgent need to immediately secure some financial support; or,
negotiations have failed and, despite your best efforts, you can't agree on how to solve your differences.
Absent these important factors, your dispute, no matter how ugly it might seem to you, can always be resolved by negotiation or mediation rather than litigation. Even an action for a divorce order, which is the only other time when litigation is required, can be done in a co-operative, non-confrontational manner.


Think twice before deciding that litigation is your only option.
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.


For more information about the emotions that surround the end of a long-term relationship, and how these emotions can affect the course of litigation, read the chapter Marriage & Divorce > Separating Emotionally. You should also track down and read a copy of Tug of War by Mr. Justice Brownstone from the Ontario Court of Justice. He gives a lot of practical advice about the family law court system, when it works best and when it doesn't work at all.
The Early Resolution process is unique in British Columbia, and different from the traditional approach laid out in the Provincial Court Family Rules. That said, the forms used in these registries are all from the same source. As of May 17, 2021, all Provincial Court Locations, including the Early Resolution Registries, use the [[Provincial Court Forms (Family Law)|forms listed in the Provincial Court Family Rules]].


==The Supreme Court==
'''Use the Early Resolution registries in Victoria or Surrey if:''' 
* there is already a case started at that registry involving the same parties, 
* your family law case involves a child-related issue, and the child lives closest to the Victoria or Surrey registry most of the time, or 
* your family law case does not involve a child-related issue, and you live closest to the Victoria or Surrey registry most of the time. 


The main document you will have to prepare is a Notice of Family Claim in form F3, a specical form prescribed by the Supreme Court Family Rules. (This document is one of the basic legal documents in a law suit collectively known as "pleadings".) The primary rules about Notices of Family Claim and the commencement of a law suit are:
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.


Rule 1-1: definitions
====Starting a case in an Early Resolution Registry====
Rule 3-1: commencing an action
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. 
Rule 4-1: Notices of Family Claim and service requirements
Rule 4-3: replying to an action
Rule 5-1: financial disclosure
Rule 6-3: personal service
Rule 7-1: Judicial Case Conferences
Part 9: disclosure and discovery of documents
Part 10: chambers procedure
Rule 11-4: discontinuing an action
Part 13: expert witnesses
Rule 11-3: summary trial procedure
Rule 14-7: trial procedure
A link to the Supreme Court Family Rules is provided in the section Resources & Links, and much more detailed information about the rules is available in New Rules 101.


Sample court forms and blank court forms for download are available in the Downloads segment below.
If you have a dispute about a family law matter, including child support, spousal support, parenting arrangements, contact, or guardianship, you will start by filing a form called the [[PCFR Form 1 Notice to Resolve a Family Law Matter|Notice to Resolve a Family Law Matter]] at the Victoria or Surrey registry, and by giving the other party a copy.


===Notice of Family Claim===
You will then be directed to the [https://www.clicklaw.bc.ca/helpmap/service/1019 Justice Access Centre (JAC)] to make an appointment for your individual needs assessment.
The Notice of Family Claim sets out: the name and address for service of the person bringing the claim, the Claimant; the name and address of the person against whom the claim is made, the Respondent; the basic history of the parties' relationship; and, the bare essentials of the Claimant's claims.


The form which must be used is Form F3, set out in Appendix A of the Supreme Court Family Rules. This is a special form of claim used only in family law cases. Additional schedules, which require a lot more detailed information, must be added to the Notice of Family Claim when the Claimant seeks orders about:
At the needs assessment, a family justice counsellor will provide you with information about your options, about the court process, and about how to access legal advice and other resources. They will make an assessment about whether consensual dispute resolution is appropriate for you. This means they will consider whether there are:
*power imbalances between you and your ex
*safety or family violence issues, or
*language barriers.
The family justice counsellor will also consider the nature of the issues to be resolved, your and your ex's ability to participate, and if accommodations can be made to facilitate participation. 


divorce;
If you have children, you will be required to complete the [https://www.clicklaw.bc.ca/question/commonquestion/1010 Parenting After Separation program], unless you have completed it within the last two years or meet one of the few exemptions. 
children, including child support;
spousal support;
the division of property; and,
other related matters, such as restraining orders.
The Notice of Family Claim must be filed in the court registry and be personally served on the Respondent. (The Respondent has thirty days from the date of service to file a Response to Family Claim.) If you are asking for a divorce order, you'll have to fill out Registration of Divorce Proceeding form when you file your Notice of Family Claim.


It costs $200 to file Notice of Family Claim, or $210 if the claim includes a claim for a divorce.
If it is appropriate, you and the other party will participate in at least one consensual dispute resolution session to mediate your issues. 


The Divorce Act and Rule 6-3(2) of the Supreme Court Family Rules say that a Claimant cannot serve a Respondent him- or herself. You must either pay a process server to do it or enlist the help of a friend over the age of majority. Although this ought go without saying, do not use one of your children to effect service.
When issues are resolved during early resolution, you can formalize your agreements by written agreement or consent order. 


===Default===
====Replying to a Family Law Matter in an Early Resolution Registry====
If the Respondent fails to file and deliver his or her Response to Family Claim within 30 days, the Claimant may be able to obtain an order for the relief claimed in the Notice of Family Claim by way of a default judgment, using the desk order process described in the Marriage & Divorce > Divorce chapter. The idea here is that the Claimant can ask the court for a judgment in default of the Respondent's response by arguing that the Respondent either agrees with the Claimant's claim or has chosen not to oppose it since no Response to Family Claim.


You should be aware that in most cases the courts are fairly lenient towards litigants who miss filing deadlines. A Claimant should not expect to "win" on a technicality of this nature; if a Respondent files his or her Response to Family Claim late, the court will usually, depending on the circumstances, allow the Respondent an extension of time and overlook the missed due date.
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: 


===The Next Steps===
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 the Respondent has chosen to file a Response to Family Claim, he or she has decided to oppose your claim. This doesn't mean that you're necessarily going to wind up in a trial, but it does mean that at least for now the Respondent disagrees with some or all of the relief you're seeking. One of three things are going to happen in your action:
# '''Needs Assessment''': You will participate in a needs assessment through the Justice Access Centre where a family justice counsellor will teach you about the court process, and about how to access legal advice and other resources. They will make an assessment about whether consensual dispute resolution is appropriate for you, taking into consideration whether there are power imbalances, issues of safety or family violence, or language barriers, and also taking into consideration the nature of the issues to be resolved and the ability of the parties to participate, or accommodations that can be made to facilitate participation.
# '''Parenting After Separation Course''': If you have children, you will be required to complete the [https://www.clicklaw.bc.ca/question/commonquestion/1010 Parenting After Separation program], unless you have completed it within the last two years or meet one of the few exemptions. 
# '''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?====
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. 


you'll settle your disagreement out of court, and come up with either a separation agreement or an order that you both agree the court should make, called a consent order;
When the other party has replied or the time for reply has passed, you can contact the Judicial Case Manager to schedule a Family Management Conference. At the Family Management Conference, you and the other party (or parties) will meet with a judge. The judge will work with you to see whether agreement can be reached on some or all of the issues. The judge can make an interim order or a final order by consent. 
you'll not be able to agree, and the intervention of the court at a trial will be required; or,
after some initial scuffles, neither you nor the Respondent will take any steps to further the litigation and the matter will languish.
Whether you're off to trial or a settlement can be reached, the steps until trial are usually these:


Exchange Financial Statements: Financial Statements are required whenever the division of property or the payment of support is at issue. Financial Statements must be exchanged before the first Judicial Case Conference, and updated statements will be required throughout the case and before trial.
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. 
Have a Judicial Case Conference: A JCC is necessary before most interim applications can be brought. JCCs are informal, off-the-record meetings between the parties, their lawyers and a judge intended to canvas areas of agreement and disagreement, and set dates and deadlines for the remaining steps in the litigation. JCCs are discussed in more detail in the last part of this chapter.
Interim Applications: In almost all cases, parties need the court to decide certain issues on a temporary basis until the trial can be heard. Typically, people need a set of rules to guide them in their conduct towards each other and the children until the issues can be finally determined. The most common interim applications in family law cases involve financial and personal restraining orders, the care and control of the children, and the payment of child support and spousal support. The process for bringing interim applications is discussed in detail in the chapter The Legal System > Interim Applications.
Document Disclosure and Production: The Rules require that each party produce to the other all documents in their possession that are relevant to the matters at issue in an action. This can include things like bank statements, report cards, medical records, school reports and so forth. Each party must list these documents in a formal List of Documents, and keep their Lists of Documents updated when new documents are found or become available.
Discovery: The parties may, if they wish, conduct a cross-examination of the other party under oath, outside of court. This is called an Examination for Discovery. Examinations for Discovery are helpful to get the other party's views of the evidence and the matters at issue on the record. Discoveries are almost always held after Financial Statements have been prepared and the documents have been exchanged.
Have a Settlement Conference: The Rules allow a party to set a Settlement Conference before a judge ahead of trial. At this hearing, the parties will explain their positions to the court and their areas of disagreement and hopefully negotiate a settlement. These conferences can be very helpful, as the judge will often function as mediator and help the parties work towards setttlement. The judge may also express his or her opinion about the stengths and weaknesses of each party's position, which also encourages settlement.
Have a Trial Management Conference: A TMC is a formal hearing before a judge designed to fix the schedule of events at the trial and resolve as many disputes about evidence before trial as possible. Among other things, the judge will ask about the witnesses each party intends to call, the completeness of the disclosure made to date, expert's reports and expert witnesses, and anything else that can dealt with to help make sure the trial will go ahead and be completed within the time available. A TMC is generally not an opportunity to engage in settlement discussions.
Trial: At the end of the day, if you can't agree you will wind up at trial. At the trial, each side will call their witnesses to give evidence, cross-examine the witnesses of the other party, and give their argument as to why the judge ought to decide the case in their favour. The judge will hear all the evidence and the arguments, and reach a decision in the form of Reasons for Judgment. The lawyers, or the court clerk in the absence of lawyers, will prepare a final order based on the Reasons for Judgment.
This is, of course, just a rough sketch of the lengthy process of bringing an action to a conclusion. Not every case will need to use all of these steps (some people may not need to have Examinations for Discovery and others won't see the point of holding a Settlement Conference, for example), and some steps may need to be repeated more than once. As well, the actual trial process is much, much more complex that my brief description.


===Financial Statements===
====What else do I need to know about the Early Resolution process?====
If the case involves a claim for spousal support, child support or the division of assets, each party must prepare and file a Financial Statement. A Financial Statement sets out a person's income, expenses, assets and liabilities and is sworn on oath or affirmation, just like an Affidavit, by a lawyer, notary public or registry clerk.
The Early Resolution process also includes rules for applications about: 
* protection orders
* enforcement of existing orders
* giving, refusing, or withdrawing consent to medical, dental, or other health-related treatments for a child, if delay will result in risk to the health of the child
* applying for a passport, licence, permit, benefit, privilege, or other thing for the child, if delay will result in risk of harm to the child's physical, psychological, or emotional safety, security, or well-being
* relocation of a child
* preventing the removal of a child from a certain location 
* determining matters relating to interjurisdictional issues 


Financial Statements are very important in family law cases. The portions about income are critical for determining child support and spousal support, and, unless there are appraisals or other documents that establish amount, the portions about assets and debts will sometimes be used to establish the value of an asset and the outstanding balance of a liability. As well, since Financial Statements are sworn statements, someone making a Financial Statment can find his or her credibility being challenged if the numbers don't make sense, if they are overblown or understated, if they omit critical information, or if they are outright fabrications.
Parties involved in these matters will file and serve an application and proceed to a hearing without having to participate in the early resolution processes. If the parties have one of these types of matters and an early resolution family law matter, they can go through court to get the one issue resolved and proceed through early resolution and case management on the other issues. The model recognizes that protection orders and some parenting matters are urgent and need to proceed directly to court. 


Each party must attach to their Financial Statements a number of important documents:
To read more about the Early Resolution process in Victoria and Surrey see the [https://www.clicklaw.bc.ca/resource/4843 BC Ministry of Attorney General's website], which also makes available a brochure with a simplified process map. 


the last three years' worth of tax returns (what's required are the complete T1 income tax and benefit returns, not tax return "summaries" or "informations");
===Family Justice Registries===
all Notices of Assessment and Reassessment received in connection with the last three tax years;
If your family law dispute is in Kelowna, Nanaimo, or Vancouver (Robson Square), the provincial court registries in those locations fall under the Family Justice registry model.
the party's most recent paystub, showing his or her earnings to date, or if the party isn't working, then his or her most recent WCB statement, social assistance statement or EI statement;
business and/or corporate records such as financial statements and corporate income tax returns, if the party has an incoporated or unincorporated business; and,
the most recent BC Assessments for all real property.
The form which must be used is Form F8, set out in Appendix A of the Supreme Court Family Rules.


===Judicial Case Conferences===
To start a proceeding in a Family Justice registry, you file specific forms based on what you’re asking a judge to ultimately decide. Some of the most common things people ask for are:
Judicial Case Conferences are relatively informal, off-the-record, private meetings between the parties, their lawyers and a judge in a courtroom. JCCs must be held in all contested family law actions, and, in most cases, they must be held before any interim applications can be heard.
*guardianship
*parenting responsibilities
*decision-making authority
*parenting time (sometimes called ''custody'', though Canadian courts don’t use that word anymore)
*contact (visitation rights of a person who is not a child's guardian)
*child support and special expenses, and
*spousal support
There are also conduct orders which can help parties set boundaries to assist them in working towards resolution, and there are protection orders, which follow a different process due to their often-urgent nature.  


JCCs are discussed in more detail below.
====What form do I file?====
=====Family Law Matters=====
If you're using a Family Justice Registry, the next step is to determine what you're asking a judge to decide, and see if it qualifies as a ''Family Law Matter''. The following are considered Family Law Matters:
*parenting arrangements
*child support
*contact with a child
*guardianship of a child, or
*spousal support
In these cases you will start by filing an [[PCFR Form 3 Application About a Family Law Matter|Application About a Family Law Matter]] in Form 3 and delivering it by ''personal service'' to the other party. This means that someone other than you who is over 19 years old must serve the other party in person with a copy of the application and instructions from the registry on how to reply.  


===Downloads===
=====Applying for other orders=====
In this segment you can download blank court forms in Word format, samples of completed forms in PDF format and technical papers about the Supreme Court Family Rules. Additional court form templates can be found in the Resources & Links section of this website.
Start by figuring out what kind of order you need. That will determine the form you’ll have to file with the court. If your matter isn't captured by the definition of a "Family Law Matter", then you’ll have to file another type of form for orders other than family law matters. These include applications for:
*a case management order
*a protection order
*an order about a priority parenting matter
*an order about relocation, or
*a consent order.  
The rules for these kinds of orders are the same no matter what kind of registry you are in.


1. Sample Documents
:'''Case Management Orders''': Case management orders are orders about a range of issues to help manage a case. The list is set out at section 62 of the ''Provincial Court Family Rules'', but a few examples include:
The links below will open sample court documents in a new window. You will require Adobe Acrobat Reader to view these files, a free program available for download from Adobe Software.
:*transferring a court file to another registry
:*accessing a court file
:*correcting or amending a filed document
:*waiving or changing requirements about serving someone with court documents you filed
:*applying to attend court by phone or video
:*adjourning court appearances, or
:*correcting an order made under the Provincial Court Family Rules.  


In this sample, our fictitious Claimant, Jane Doe, is suing her husband, John Doe, for a divorce, orders relating to the care and control of the children, orders for the payment of spousal and child support, orders relating to the division of property, a common financial restraining order, and a declaration that the parties are unable to reconcile. Areas where the court form offers a choice or where you must supply information are indicated in burgundy text.
:To apply for a case management order, file an [[PCFR Form 10 Application for Case Management Order|Application for Case Management Order]] in Form 10, along with any supporting evidence or documents you have. You can also file an [[PCFR Form 11 Application for Case Management Order Without Notice or Attendance|Application for Case Management Order Without Notice or Attendance]] in Form 11 if no appearance before a judge is required. Check the instructions located in each of the forms, or see Provincial Court Family Rule 65 to determine whether an appearance is required, and which form you'll have to file. If a case management order is made without notice, you'll have to serve a copy of the order, the application, and any supporting evidence or documents, on the other party.


Also included is a sample of the form required when divorce proceedings are commenced, which notifies the central divorce registry in Ottawa, Ontario, of the commencement of the action for divorce.
:'''Protection Orders''': If you’re applying for a protection order and an order about a family law matter, you don’t have to follow the special steps set out for the Early Resolution Registries, the Family Justice Registries, or the Parenting Education Program Registries.


Form F3: Notice of Family Claim (PDF)
:No matter the court registry you are in, if you have protection or safety concerns, you can apply to the court to go before a judge without letting the other party know first. It's up to the judge whether to hear your ''without notice'' application. Any without notice application will have to include reasons why the application should be heard without notice to the other side. File an [[PCFR Form 12 Application about a Protection Order|Application about a Protection Order]] in Form 12 to apply for a protection order along with an [[PCFR Form 11 Application for Case Management Order Without Notice or Attendance|Application for Case Management Order Without Notice or Attendance]] in Form 11 to apply without notice to the other party. 
Registration of Divorce Proceeding (PDF)
:Once you speak to the judge about the protection order you’ve asked for and if the order is made, remember that a protection order expires either on the date the judge orders for it to end, or one year after the date it is made. You can apply for another protection order if you need to.
Form F8: Financial Statement (PDF)
Form F19: Notice of Judicial Case Conference (PDF)
These sample documents are just that: samples. While they represent a more or less accurate picture of how Jane Doe might fill out her forms, they may not be applicable to your situation. Use them as a reference only together with the official court form.


2. Court Forms
:If you have safety concerns about family violence, you may want to talk to a support worker. [https://www.clicklaw.bc.ca/helpmap/service/1055 VictimLinkBC] is a confidential, multilingual telephone service available 24 hours a day, 7 days a week at 1-800-563-0808. Victim services workers can provide crisis support, information and referrals to supports including safety planning, victim services, transition houses and counselling services.
Click the links below to open templates in Word format. Areas where you must supply information are indicated in green text.


Form F3: Notice of Family Claim (DOC)
:'''Priority Parenting Matter''': Orders about priority parenting matters are decisions where a delay in obtaining a court’s decision would pose a risk to a child. These applications should be filed in rare circumstances, and only in situations listed in Form 15, [[PCFR Form 15 Application About a Priority Parenting Matter|Application About a Priority Parenting Matter]]. 
Form F8: Financial Statement (DOC)
Form F19: Notice of Judicial Case Conference (DOC)


==The Provincial Court==
:In addition to Form 15 you’ll also have to file a Form 11 if you’re applying to waive or change the requirement to give seven days’ notice of the application to the other party.


The Provincial (Family) Court is designed for people who are not represented by a lawyer. There are no filing fees in this court; the forms are a lot easier to prepare; the Rules of Court are simpler; and, the court registry takes care of things like drafting court orders. The only downside of bringing your case to the Provincial Court is that the court has a limited jurisdiction and can only hear applications under the Family Relations Act dealing with certain issues, including:
:'''Relocation''': If you have a written and signed agreement or a court order about parenting time or contact and you receive written notice from the other parent saying the plan to relocate with the child, then you can apply to the court for an order prohibiting the relocation of the child using Form 16, [[PCFR Form 16 Application for Order Prohibiting the Relocation of a Child|Application for Order Prohibiting the Relocation of a Child]]. At least seven days before the court date listed on the application form, you’ll have to serve the Form 16 on the other party, along with a copy of the written agreement or court order about parenting time, and a copy of (or details about) the notice of relocation that you received. 


child support;
:If the other parent plans to relocate with your child and you do not have a written and signed agreement about parenting time or contact, you can apply for an order prohibiting relocation using the Application About a Priority Parenting Matter form, in Form 15, and you’ll have to serve that Form on the other parent at least seven days before the court date listed on the application form.
spousal support;
the variation of previous Provincial Court orders about child and spousal support;
arrears of child support or spousal support;
custody and guardianship of children; and,
access to children.
The Provincial Court cannot hear your application if you are applying for orders under the federal Divorce Act or for orders relating to the division of property under the Family Relations Act.


A link to the Provincial (Family) Court Rules of Court is provided in the Resources & Links section.
:'''Consent Orders''': If you and the other party in your Family Law Matter have reached an agreement, you can ask the court to make an order, usually without going to court and arguing before a judge. A judge will still have to review the draft consent order that you file and, as long as they don’t have any questions or concerns about the orders you're asking for, they can make the order.


===Application to Obtain an Order===
:To obtain a consent order about a Family Law Matter, you’ll have to file an [[PCFR Form 17 Application for a Family Law Matter Consent Order|Application for a Family Law Matter Consent Order]] in Form 17, as well as a draft of the [[PCFR Form 18 Consent Order|Consent Order]] in Form 18 setting out what you have agreed on and the orders you’re asking the court to make. The draft Consent Order in Form 18 will have to be signed by all parties or their lawyers.
Most actions are started in the Provincial (Family) Court by filing an Application to Obtain an Order. (Actions can also be started with an Application to Change an Order or Agreement where there is already a court order or separation agreement.) The person beginning the action, the Applicant, fills out the form, providing: the Applicant's name and address for service; the name and address of the person against whom the application is being made, the Respondent; a list of the orders the Applicant is asking the court to make; and, a brief statement of the relevant facts. The Applicant then files the form in the court registry.


The form which must be used is Form 1, set out in the Provincial Court Family Court Manual. Applications to Change an Order or Agreement are prepared using Form 2.
:If a judge reviews your application and draft consent order and needs more information, they can ask for more evidence or information, which may mean that you must go to court and speak to a judge. It could also mean that a judge might make changes to the draft consent order and, if you and the other party agree to the changes, you can go to the registry at the courthouse and sign the changes. An application for a consent order can also be rejected. If that happens, the judge will provide their reasons for rejection.


Once the application has been filed, the court registry may take care of serving the Respondent with a copy of the materials you filed. Most registries will require that you take care of serving the Respondent. Once the Respondent has been served, he or she must file a Reply within 30 days.
:In addition to applying for consent orders about a Family Law Matter, you can also file for a consent order related to one of the case management issues discussed above. This is done by by filing an [[PCFR Form 10 Application for Case Management Order|Application for Case Management Order]] in Form 10. If you specify in your Form 10 that you do not want a court appearance, you must also submit a draft of the [[PCFR Form 18 Consent Order|Consent Order]] in Form 18, signed by all concerned parties or their lawyers.


===Default===
===Parenting Education Program Registry===
Starting a Provincial Court action in one of the Parenting Education Program Registries is the same as in a Family Justice Registry, however you do not have to participate in a needs assessment before you can schedule a Family Management Conference. 


A Respondent who fails to file and deliver his or her Reply by 30 days is not entitled to be notified of any further steps taken in the action. This will change, of course, if the Respondent files a Reply down the road, but until that happens the Applicant is free to set a date for the hearing of the action, or for the hearing of an interim application, with no notice to the Respondent.
You will still have to complete a parenting education program (such as Parenting After Separation) if children are involved, and you still have the option to participate in a needs assessment and consensual dispute resolution.


At the hearing, the Applicant can ask the court to make a default judgment in the Respondent's absence. You should not assume that you'll necessarily get what you want, especially if the action concerns the care and control of children. In a case like that, the court will also consider what is in the children's best interests, and despite the lack of a Reply from the Respondent, the court may not conclude that the children's best interests are served by allowing your claim.
===The Parenting After Separation Program===


===The Next Steps===
In certain registries of the Provincial Court, the parties to a court proceeding must meet with a family justice counsellor and, if children are involved, attend a [https://www.clicklaw.bc.ca/resource/4884 Parenting After Separation Course] before they can take any further steps in their case. This rule may apply even if you're asking for a default judgment or an order everyone agrees to, called a ''consent order''. The registry will tell you what is needed. If necessary, the registry will refer you to a family justice counsellor and tell you where the Parenting After Separation Course is offered.


In certain registries of the Provincial (Family) Court the parties must meet with a Family Justice Counsellor, and, if children are involved, attend a Parenting After Separation program before any further steps can be taken in a case. This will apply even if you are seeking a default judgment. The court clerk will refer you to the Family Justice Counsellor and tell you where the Parenting After Separation is offered. You will have to file a certificate that you've completed the program before any further steps can be taken in your case.
Family justice counsellors can provide information that may help to resolve the court proceeding; they can also serve as mediators if all of the parties are prepared to try mediation.  


At court registries that do not have this requirement, an interim application can be brought at any time after the action has commenced by the filing of an Application to Obtain an Order or an Application to Change an Order or Agreement.
The Parenting After Separation Program is very useful to take, and you should seriously consider taking the course even if it isn't required in your court registry. The program is available [https://www.clicklaw.bc.ca/resource/4884 online]. The online course does not replace the need to attend an in-person course if that's required. You will have to file a certificate that you've completed the program in court.


The steps which follow the commencement of an action in Provincial (Family) Court are a simplified version of the Supreme Court process. There are less hoops to jump through, but also fewer means to extract information and documents from the other side.
===Limitations of the Provincial Court===


Interim Applications: In almost all cases, the parties need the court to decide certain issues on a temporary basis until the trial can be heard. Typically, people need a set of rules to guide them in their conduct towards each other and the children until the issues between them can be finally determined. The most common applications in family law involve restraining orders, issues relating to the care and control of the children, child support and spousal support. The process for bringing interim applications is discussed in detail in the chapter The Legal System > Interim Applications.
The Provincial Court is built for people who are not represented by a lawyer. There are no filing fees in this court, in some ways the forms are easier to prepare, the rules of court are simplified, and the court registry will sometimes take care of things like drafting court orders. The main disadvantage of bringing your case to the Provincial Court is that the authority of the court is limited. The Provincial Court can only hear applications under the ''[[Family Law Act]]'' on certain subjects, including:
Exchange Financial Statements: Financial Statements are required whenever the payment of support is at issue. Financial Statements are prepared using Form 4.
Have a Family Case Conference: This is a hearing similar the the Judicial Case Conference required by the Supreme Court. It is an informal, off-the-record meeting between the parties, their lawyers and a judge intended to canvas areas of agreement and set dates and deadlines for the remaining steps in the litigation. Although FCCs are very helpful and often result in settlement, FCCs are not mandatory unless you have been referred to an FCC by a judge. If you think a FCC will help resolve your case, ask for one!
Have a Settlement Conference: The Rules allow a party to have a Settlement Conference with a judge. At this hearing, the parties will explain their positions to the court and hopefully negotiate a settlement, with the judge acting as a kind of mediator. These conferences can be very helpful, as the judge will often express his or her opinion about each party's position and what the judge thinks the likely result of a trial will be.
Trial: At the end of the day, if you can't agree on an appropriate settlement, you will wind up at trial. At the trial, each side will call their witnesses to give evidence, cross-examine the witnesses of the other party, and give their argument as to why the judge ought to decide the case in their favour. The judge will hear all the evidence and the arguments and reach a decision in the form of Reasons for Judgment. Where neither party is represented by a lawyer, the court clerk will draft a final order based on the judge's Reasons for Judgment.


===Financial Statements===
#guardianship;
#parental responsibilities and parenting time;
#contact with a child;
#child support;
#spousal support;
#protection orders; and,
#payment of household bills such as mortgage and utilities until trial or settlement.


If a case involves a claim for spousal support or child support, each party must prepare and file a Financial Statement. A Financial Statement sets out a party's income, expenses, assets and liabilities and is sworn on oath or affirmation, just like an Affidavit, by a lawyer, notary public or registry clerk. Each party must attach to their Financial Statements the following documents:
The Provincial Court cannot hear any claims under the federal ''[[Divorce Act]]''. However, it also cannot hear claims for orders relating to the division of property and debt under the provincial ''Family Law Act''.


their last three years' worth of tax returns;
==The Supreme Court==
their Notices of Assessment and Reassessment for the last three tax years;
their most recent paystub, showing their earnings-to-date, or if the party isn't working, then their most recent WCB statement, social assistance statement or EI statement; and,
if the party is involved in a business, certain other business and/or corporate records.
The form which must be used is Form 4, set out in the provincial court Family Court Manual.


===Family Case Conferences===
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 Case Conferences are relatively informal, off-the-record, private meetings between the parties, their lawyers and a judge in a courtroom to explore settlement options. FCCs are not mandatory and there is no requirement that an FCC must be heard before any interim applications.
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:


FCCs are discussed in more detail below.
*Rule 1-1: Definitions
*Rule 3-1: Starting a court proceeding
*Rule 4-1: Notices of Family Claim and service requirements
*Rule 4-3: Replying to a Notice of Family Claim
*Rule 5-1: Financial disclosure
*Rule 6-3: Personal service
*Rule 7-1: Judicial case conferences
*Part 9: Disclosure and discovery of documents
*Part 10: Interim applications and chambers procedure
*Rule 11-4: Discontinuing a court proceeding
*Part 13: Expert witnesses
*Rule 11-3: Summary trial procedure
*Rule 14-7: Trial procedure
*Rule 15-2.1: Guardianship orders


F. Downloads
Links to and examples of the Notice of Family Claim and other court forms can be found in [[Supreme Court Forms (Family Law)|Supreme Court Forms and Examples]]. For a quick introduction to how to start a proceeding, see [[How Do I Start a Family Law Action in the Supreme Court?]]. It's located in the Helpful Guides & Common Questions part of this resource.  
The links below will open a sample Application to Obtain an Order and a sample Application to Change an Order or Agreeement in a new window.


In the sample Application to Obtain an Order, our fictitious applicant, Simon Chang, is suing his common-law partner, Suzie Schwartz, for orders relating to the care and control of the children, an order for the payment child support, and a common restraining order stopping Suzie from removing the children from British Columbia. In the sample Application to Change an Order or Agreement, Simon is asking for an order that Suzie's child support obligation be increased because her income has increased.
===Quick answers for common questions===


Form 1: Application to Obtain an Order
The following issues are addressed in the ''Starting an Action'' section in the Helpful Guides & Common Questions part of this resource:
Form 2: Application to Change an Order or Agreeement
Form 4: Financial Statement
These sample documents are just that: samples. While they represent a more or less accurate picture of how Simon Chang might fill out his forms, they may not be applicable to your situation. Use them as a reference only together with the official court form.


Areas where you must supply information are indicated in handwritten script.
* '''Can't pay your court fees:''' If you can't afford to pay court fees, you can apply to court to have those fees waived. This used to be called applying for ''indigent status'', but this term is no longer used. To find out more, see [[How Do I Waive Filing Fees in the Supreme Court?]]
* '''Personally serving someone:''' For a quick summary of what's involved in personal service, see [[How Do I Personally Serve Someone with Legal Documents?]]
* '''Can't personally serve the respondent:''' If it is impossible to personally serve the Notice of Family Claim on the respondent, you can ask the court to be allowed to use a substitute form of personal service. To find out what's involved, see [[How Do I Substitutionally Serve Someone with Legal Documents?]]
* '''Can't find your ex:''' If you're not sure where your ex lives in order to start a court proceeding, see [[How Do I Find My Ex?]]
* '''Need to change something in your Notice of Family Claim''': To find out what happens when you want to change something in your Notice of Family Claim, see [[How Do I Change Something in My Notice of Family Claim?]]
* '''Want to stop the court proceeding:''' To find out if you can stop a family law court proceeding in the Supreme Court once you've started it, see [[How Do I Stop a Family Law Action in the Supreme Court?]]


Back to the top of this chapter.
===Preparing, filing and serving the Notice of Family Claim===
{{LSSbadge
|resourcetype = guided pathway information on how to  
|link        = [https://mylawbc.com/pathways/family-orders Get family orders]
}}The ''claimant'', the person starting the court proceeding, must fill out a ''Notice of Family Claim'' in Form F3 and file the claim in court to start a court proceeding. The Notice of Family Claim provides certain information, including:


==Judicial Case Conferences and Family Case Conferences==
#the claimant's name and address;
#the name and address of the person against whom the claim is made, the ''respondent'';
#the basic history of the parties' relationship;
#the names and birthdates of any children; and,
#a list of the orders the claimant would like the court to make.


There are a host of reasons why it is important that family law cases are resolved by agreement. From the court's point of view, settlement frees up valuable resources which can be applied to other cases and lessens the likelihood that judicial intervention will be required in the future. From the parties' point of view, settlement is cheap, protects the children from ongoing conflict, and gives everyone involved the best chance of having a tolerable relationship with each other in the future.
The court form that must be used is set out in the Supreme Court Family Rules. This is a special form of claim used only in family law cases. Additional pages that require more detailed information must be added to the Notice of Family Claim when the claimant seeks orders about:


Lawyers also have an interest in settling matters, for all of the same reasons why settlement is important to the courts and to the parties. In addition, we also have a professional and ethical duty to foster and promote settlement wherever possible, providing that a proposed settlement is not an unreasonable compromise of our client's interests.
#divorce;
#the care of children and child support;
#spousal support;
#the division of property and debt; and,
#orders about other subjects, like orders for the protection of people or orders for the change of a person's name.


The rules of court have evolved to provide additional opportunities for settlement and steer people toward litigation's off-ramp. In the Supreme Court, we have the Judicial Case Conference under Rule 7-1 and Settlement Conferences under Rule 7-2. In the Provincial Court, we have the Family Case Conference under Rule 7. This segment will discuss the two conferences unique to family law matters.
The Notice of Family Claim must be filed in the court registry and be personally served on the respondent. If you're asking for a divorce order, you'll have to fill out a Registration of Divorce Proceeding form when you file your Notice of Family Claim. It currently costs $200 to file a Notice of Family Claim, or $210 if the claim includes a claim for a divorce. When you file any document in Supreme Court, including the Notice of Family Claim, the registry will keep the original of the document. You will want to make and keep at least two additional copies, one for you to keep and one to give to the other party.  


===Judicial Case Conferences===
''Personal service'' means physically handing the Notice of Family Claim to the respondent. The ''[[Divorce Act]]'' and Rule 6-3(2) of the Supreme Court Family Rules say that a claimant cannot serve a respondent themselves. You must either pay a process server to do it or enlist the help of a friend over the age of majority. ''Don't use one of your children to serve your ex.''


Judicial Case Conferences, usually referred to as JCCs, are relatively informal, off-the-record, private meetings between the parties, their lawyers and a master or judge in a courtroom. JCCs must be held in all contested family law actions, and, in most cases, they must be held before any interim applications can be heard.
===Deadline for reply===


Financial Statements must be exchanged by the parties before each JCC. They must also be filed in court in advance of the JCC to give the judge the chance to read through them first.
The respondent has 30 days to file a ''Response to Family Claim'' after being served with your Notice of Family Claim.  If the respondent doesn't do this, you may be able to get the orders you asked for in your Notice of Family Claim as a ''default judgment'', a final order the court makes when the respondent doesn't file a Response to Family Claim.


====Avoiding a JCC====
You should be aware that judges can be fairly lenient towards people who miss filing deadlines. A claimant should not expect to win on a technicality like this. If a respondent files their Response to Family Claim late, the court will usually give the respondent an extension of time and overlook the missed due date. However, if the respondent just ignores you and ignores your claim, at some point the court will make the order you're asking for.


Rule 7-1(2) says that:
Sometimes a respondent will not reply to a Notice of Family Claim because they agree to the orders the claimant is asking for. This often happens when the claimant is just asking for a divorce. In a case like this, the court proceeding will qualify as an "undefended family law case" and you can apply for a default judgment under Rule 10-10 of the Supreme Court Rules. For more information about the do-it-yourself divorce process, see the [[Divorce and the Law on Getting Divorced]] section in the [[Separating and Getting Divorced]] chapter.


Subject to subrules (3) and (4), unless a judicial case conference has been conducted in a family law case, a party to the family law case must not serve on another party a notice of application or an affidavit in support.
===The next steps===
Subrule (3) sets out the exceptions to this requirement:


where the parties are married, when an application is being made for a declaration that they have no prospect of reconciling;
If the respondent has chosen to file a Response to Family Claim, they have decided to oppose some or all of the orders you are asking for in your claim. This doesn't mean that you're necessarily going to wind up in a trial, but it does mean that, at least for now, the respondent disagrees at least some of the orders you're asking for. One of three things is going to happen in your court proceeding:
when an application is being made for an order restraining either or both parties from disposing of family assets;
when an order will be made with the consent of both parties; and,
when the application is being made without notice being given to the other side (sometimes called an ex parte application or a without notice application).
Subrule (4) sets out some further exceptions to the general rule about JCCs and interim applications, however if you need seek an exception under this subrule, you'll have to make an application to a master for an order granting the exception:


On application by a party, the court may relieve a party from the requirements of subrule (2) if
#you'll settle your disagreement out of court, and come up with either a ''separation agreement'' or an order that you both agree the court should make, called a ''consent order''.
(a) it is premature to require the parties to attend a judicial case conference,
#you'll not be able to agree, and the intervention of the court at a ''trial'' will be required; or,
(b) it is impracticable or unfair to require the party to comply with the requirements of subrule (2),
#after some initial scuffles, neither you nor the respondent will take any further steps in the court proceeding and the proceeding will languish.
(c) the application referred to in subrule (2) is urgent,
(d) delaying the application referred to in subrule (2) or requiring the party to attend a judicial case conference is or might be dangerous to the health or safety of any person, or
(e) the court considers it appropriate to do so in the circumstances.
In other words, if your application is urgent you can ask for permission to have your application heard before the first JCC. If your application falls into one of the exceptions set out in Rule 7-1(3), you don't need the court's permission. If your application doesn't fall into either category, you've got little choice but to schedule a JCC for hearing before you can bring your application.


Applications to be exempt from the JCC requirement are made by filing a special form of Requisition, available in the Downloads segment below, without an appearance in court.
Hopefully, it'll be the first.


====Scheduling a JCC====
==Resources and links==


To set a date for a JCC, first contact the court registry and get their available dates. (JCCs are given a lot of priority by the registry staff, and you should be able to book a hearing date within a month or two.) In most cases, you will want to give these dates to the other side and select a date that you are both available for. It's no more than common courtesy to select a date that's convenient for everyone.
===Legislation===


Once you have an agreeable date, call the registry back and tell them which date you've picked. They will then ask you to fill out and file a Notice of Judicial Case Conference in form F19 setting that date. (A sample Notice of Judicial Case Conference can be found in the list of sample documents in the Supreme Court Downloads segment above.)
* ''[http://canlii.ca/t/849w Provincial Court Act]''
* [http://canlii.ca/t/b8rn Provincial Court Family Rules]
* ''[http://canlii.ca/t/84d8 Supreme Court Act]''
* [http://canlii.ca/t/8mcr Supreme Court Family Rules]
* ''[http://canlii.ca/t/84h8 Court Rules Act]''


According to Rule 7-1(8), you must then serve a copy of your filed Notice of Judicial Case Conference on the other side, along with a copy of your Financial Statement, by ordinary service.
===Resources===


====The Purpose of JCCs====
* [https://www.provincialcourt.bc.ca/types-of-cases/family-matters/chief-judge-practice-directions Provincial Court Family Practice Directions]
* [https://www.bccourts.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx Supreme Court Family Practice Directions]
* [https://www.bccourts.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Supreme Court Administrative Notices]
* [https://www.bccourts.ca/supreme_court/scheduling/ Supreme Court Trial Scheduling]


The basic purpose of a JCC is to review the claims eash side is making, determine where there are agreements, and see whether there is anything other than a trial which will resolve the claims in dispute. JCCs are relatively informal affairs, and most of the time everyone sits at a large table with the Judge or Master who is hearing the JCC. JCCs are private: only the parties and their lawyers are allowed to be there. They are also held on an off-the-record basis, so that nothing said in the JCC can be used against anyone later on.
===Links===


JCCs are very useful in almost all cases. Some cases will even settle at a JCC, with no need for further litigation.
* [https://www.provincialcourt.bc.ca/ Provincial 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]
* BC Ministry of Attorney General: [https://www.clicklaw.bc.ca/resource/4884 Parenting After Separation Course]
* [https://www.clicklaw.bc.ca/resource/4640 Legal Aid BC's ''Family Law in BC'' website]


Different Judges and Masters will handle JCCs in different ways. Some Judges and Masters are very hands-on; others take a more distant, judicial approach. Some are very keen so try and settle a dispute, and will take on almost a mediative function; others are content to let areas of disagreement alone and focus on known areas of agreement instead. Some Judges and Masters will provide an informal opinion about the likely result in the case; others won't. There are no guarantees that a JCC will be run in a particular way.


The court's powers at JCCs are set out at Rule 7-1(15) and are very broad. The court may:


(a) identify the issues that are in dispute and those that are not in dispute and explore ways in which the issues in dispute may be resolved without recourse to trial;
{{REVIEWED | reviewer = [[JP Boyd]], 4 April 2020}}
(b) make orders to which all the parties consent;
(c) mediate any of the issues in dispute;
(d) with the consent of the parties, refer any issues to mediation with a private mediator;
(e) refer the parties to a family justice counsellor, or to a person designated by the Attorney General to provide specialized support assistance, if the court has received written advice from the regional manager that the family justice counsellor or designated person is readily available to the parties;
(f) direct a party to attend the Parenting after Separation program operated by the Family Justice Services Division (Justice Services Branch), Ministry of Attorney General;
(g) make orders respecting amendment of a pleading, petition or response to petition within a fixed time;
(h) make orders requiring that particulars be provided in relation to any matter raised in a pleading;
(i) make orders respecting discovery of documents;
(j) make orders respecting examinations for discovery;
(k) direct that any or all applications must be made within a specified time;
(l) reserve a trial date for the family law case or reserve a date for a trial that is restricted to issues defined by the parties;
(m) set a date for a trial management conference under Rule 14-3;
(n) make any orders that may be made at a trial management conference under Rule 14-3 (9);
(o) without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing or trial;
(p) without limiting any other orders respecting timing that may be made under this subrule, make orders respecting timing of events;
(q) adjourn the judicial case conference;
(r) direct the parties to attend a further judicial case conference at a specified date and time;
(s) make any procedural order or give any direction that the court considers will further the object of these Supreme Court Family Rules.
At the JCC, each side will have the opportunity to tell their story and explain why they want what they're asking for. Most of the time, the lawyers for each party will state their understanding of the facts and why their clients should have what they're looking for, and the clients will be asked if they have anything to add. Frankly, JCCs usually work best when the parties are able their own views and concerns freely.


It is important to remember that while the Judge or Master may (and should!) push the parties to agree about certain things, they don't have to. The Judge or Master cannot make any orders, except for procedural orders, that the parties don't agree with. If you're not happy with a potential order that's being discussed, you must say so!
{{JP Boyd on Family Law Navbox|type=chapters}}
{{Creative Commons for JP Boyd}}


====Potential Outcomes====
[[Category:JP Boyd on Family Law]]
It is possible for some or all issues to be settled at a JCC. Where there are areas of agreement — which could concern anything, from a temporary access schedule, to a restraining order, to the sale of the family home — the Judge or Master will make that order. Areas that can't be agreed upon will be left for further negotiation and further litigation.
 
Even if nothing can be agreed upon, the Judge or Master will usually make a series of orders about the next procedural steps in the litigation. Typically, these will include:
 
scheduling an application for hearing;
setting dates for the exchange of documents and lists of documents;
setting dates for Examinations for Discovery;
scheduling a Settlement Conference;
resolving issues about experts and custody and access reports;
setting the dates for the Trial Management Conference and the trial; and,
scheduling the dates for any further JCCs.
At the end of the conference, the court clerk will print out a Case Management Plan that will show the orders that have been agreed to, the issues still in dispute, and any schedule for the next steps in the litigation. Most of the time, both parties and their lawyers will sign the Case Management Plan; no one needs to sign a Case Management Plan where nothing was agreed to.
 
5. Downloads
Click the links below to open templates in Word format. Areas where you must supply information are indicated in green text.
 
Form F8: Financial Statement (DOC)
Form F17 (FPD 2): Requisition to avoid the JCC requirement (DOC)
Form F19: Notice of Judicial Case Conference (DOC)
 
===Family Case Conferences===
 
There are two big differences between JCCs in the Supreme Court and FCCs in the Provincial Court. First, FCCs aren't mandatory and you only get to have a FCC if a judge orders that you have one. Second, the judge has the discretion to make orders without the consent of a party. Otherwise FCCs are pretty much just like JCCs.
 
====Applying for a FCC====
Under Rule 7(1), a judge may order the parties to attend a FCC where the case involves contested claims for custody, guardianship or access. Applications for a FCC can be made at a first appearance or at any subsequent appearance, or by Notice of Motion like any other interim application.
 
It is fairly easy to get an order that a FCC be heard. The court will not be interested in granting a FCC if:
 
it's obvious that you've asked for the FCC to obstruct the hearing of trial or an interim application;
there's already been an FCC heard in your case and there's nothing to suggest that a new FCC will have a better chance of success; or,
there is an urgent reason for the case to head to trial without further delay.
 
====Scheduling a FCC====
 
FCCs are booked by the judicial case manager, and if you get an order for a FCC, the judge will adjourn your case to the JCM to get a date set up. Like JCCs, it is good idea to pick a date on which everyone is available to attend.
 
The JCM will fix the date for the FCC on the spot and give you a slip with the date and time on it.
 
====The Purpose of FCCs====
 
The purpose of a FCC is to reach a settlement of any disputed parenting issues. Although Rule 7 limits the circumstances in which a FCC can be ordered to parenting issues, it doesn't say that no other issues can be discussed at a FCC, and the judge may be prepared to deal with support issues as well.
 
FCCs are relatively informal affairs, and most of the time everyone sits at a large table with the judge who is hearing the FCC. FCCs are private; under Rule 7(2) only the parties and their lawyers are allowed to be there. Under Rule 7(3), the judge may give permission for other people, including the parties' child, to attend. FCCs are held on an off-the-record basis, so that nothing said in the FCC can be used against anyone later on.
 
Although different judges will handle FCCs in different ways, most of the time the judge will act like a mediator. Some judges will handle the FCC in a very proper, judicious manner. Others are more hands-on and will do everything they can to help the parties settle their issues, including:
 
scheduling a series of FCCs;
speaking directly to the children;
ordering or recommending views of the child reports; and,
asking important third-parties, like a new spouse or a half-sibling, to attend a future FCC.
At the FCC, each side will have the opportunity to tell their story and explain why they want what they're asking for. Most of the time, the lawyers for each party will state their understanding of the facts and why their clients should have what they're looking for, and the clients will be asked if they have anything to add. Frankly, FCCs usually work best when the parties are able their own views and concerns freely.
 
Cases often settle at FCCs. In order to maximize the chances of settlement, it is critical that you get proper legal advice about your situation and options before you go to the FCC if you don't have a lawyer. If you do have a lawyer, you should speak to him or her about the range of potential results and areas where you might want to compromise your position.
 
====Potential Outcomes====
 
It is possible for some or all issues to be settled at a FCC. Where there are areas of agreement, the judge will make that order. Issues that can't be agreed upon will be left for further negotiation and further litigation.
 
Rule 7(4) sets out the things a judge can do at a FCC:
 
The judge at the family case conference may do one or more of the following:
(a) mediate any of the issues in dispute;
(b) decide any issues that do not require evidence;
(c) with consent of the parties, refer any issues to mediation with a private mediator;
(d) if the regional manager has advised the court in writing that the person or program is readily available to the parties, refer the parties to a family justice counsellor or to a person designated by the Attorney General to provide specialized maintenance assistance;
(e) adjourn the case for purposes of mediation under paragraph (c) or a referral under paragraph (d);
(f) make an order to which all of the parties consent;
(g) direct that any or all applications must be made within a set time;
(h) direct the parties to attend a further family case conference, setting a date for that conference;
(i) set a date for a trial preparation conference under rule 8;
(j) make any order that may be made at a trial preparation conference under rule 8 (4);
(k) if the judge does not set a date for a further family case conference or for a trial preparation conference, set a trial date for the matter or set a date for a trial that is restricted to issues defined by the parties;
(l) make an interim or final order requested in an application, reply or notice of motion;
(m) without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing or trial;
(n) make any other order or give any direction that the judge considers appropriate.
Although that last item, "make any other order or give any direction that the judge considers appropriate," sounds pretty all-encompassing and all-powerful, in practice the court rarely makes orders that one or more party opposes.
 
 
 
 
 
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Latest revision as of 17:51, 26 June 2024

This page from JP Boyd on Family Law—and other pages from this Wikibook that discuss BC family law litigation topics—are under editorial review to provide more thorough, current, and practical guidance. Since 2020, procedures, forms, and laws have changed significantly. While gross inaccuracies have been corrected, some details may still be outdated. These pages were not included in the 2024 print edition, and have been highlighted in orange where they appear in the navigation menu on this website.
JP Boyd on Family Law
JP Boyd on Family Law
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Introduction · Family Law in BC
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If you need the court to make an order about anything, from the care of children to the payment of spousal support to the division of property, or even just an order for your divorce, you must start a court proceeding. Your court proceeding will end with a trial, if you can't settle your legal problem first, after which the judge will make an order... hopefully the order you want the judge to make. There are certain steps you must take, certain fees you must pay, and certain forms you must fill out before you get to your trial. Although the staff at the court registries are friendly and do their best to be helpful, they cannot provide legal advice, fill out forms for you or tell you how to manage your court proceeding. It is your job to prepare these materials, gather the evidence you need, and take the other steps necessary to bring your proceeding to a judge at trial.

This section describes basic elements of the Provincial Court process, but please refer to the resources on Legal Aid BC's Family Law website and the links posted at the end of this section. This section deals with the processes for starting a proceeding in the Supreme Court. For a more complete picture of the court process, you should read this section together with the section on Responding to a Court Proceeding in a Family Matter.


The Provincial Court

The BC Provincial Court operates in approximately 84 locations around the province. Half of these locations operate part-time only, and are unstaffed the rest of the time. The other half operate in courthouses that are staffed and have their own court registries. (Registry staff are the people who deal with the paperwork, scheduling, etc.)

Before you start a proceeding in Provincial Court, you have to determine which registry to use. If an existing case has already been started involving the same parties, then you have to use the registry where that case is located. If there’s no existing case and kids are involved, then you have to use the registry closest to where the kids live most of the time; if no kids are involved, then you use the registry closest to the residence of the person who first files a court document under the Provincial Court Rules.

After you’ve determined which registry to use, find out what kind of registry it is. In BC, we have three types of registries:

  1. The “Early Resolution” registries;
    • Surrey
    • Victoria
  2. “Family Justice” registries
    • Kelowna
    • Nanaimo
    • Vancouver (Robson Square)
  3. 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.

Important Note on BC Provincial Court Process: The rules, forms and procedure have changed significantly since 2020. Procedure will depend on where you live. Clicklaw Wikibooks encourages JP Boyd on Family Law readers to check other up-to-date sources of information on Provincial Court process for family law matters. Visit:
  • Legal Aid BC's Family Law in BC website for information about Provincial (Family) Court]
  • The BC Provincial Court's website for a list of resources promoted by the Court itself

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.

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 is unique in British Columbia, and different from the traditional approach laid out in the Provincial Court Family Rules. That said, the forms used in these registries are all from the same source. As of May 17, 2021, all Provincial Court Locations, including the Early Resolution Registries, use the forms listed in the Provincial Court Family Rules.

Use the Early Resolution registries in Victoria or Surrey if:

  • there is already a case started at that registry involving the same parties,
  • your family law case involves a child-related issue, and the child lives closest to the Victoria or Surrey registry most of the time, or
  • your family law case does not involve a child-related issue, and you live closest to the Victoria or Surrey registry most of the time.

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.

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. 

If you have a dispute about a family law matter, including child support, spousal support, parenting arrangements, contact, or guardianship, you will start by filing a form called the Notice to Resolve a Family Law Matter at the Victoria or Surrey registry, and by giving the other party a copy.

You will then be directed to the Justice Access Centre (JAC) to make an appointment for your individual needs assessment.

At the needs assessment, a family justice counsellor will provide you with information about your options, about the court process, and about how to access legal advice and other resources. They will make an assessment about whether consensual dispute resolution is appropriate for you. This means they will consider whether there are:

  • power imbalances between you and your ex
  • safety or family violence issues, or
  • language barriers.

The family justice counsellor will also consider the nature of the issues to be resolved, your and your ex's ability to participate, and if accommodations can be made to facilitate participation. 

If you have children, you will be required to complete the Parenting After Separation program, unless you have completed it within the last two years or meet one of the few exemptions. 

If it is appropriate, you and the other party will participate in at least one consensual dispute resolution session to mediate your issues. 

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

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:

  1. Needs Assessment: You will participate in a needs assessment through the Justice Access Centre where a family justice counsellor will teach you about the court process, and about how to access legal advice and other resources. They will make an assessment about whether consensual dispute resolution is appropriate for you, taking into consideration whether there are power imbalances, issues of safety or family violence, or language barriers, and also taking into consideration the nature of the issues to be resolved and the ability of the parties to participate, or accommodations that can be made to facilitate participation.
  2. Parenting After Separation Course: If you have children, you will be required to complete the Parenting After Separation program, unless you have completed it within the last two years or meet one of the few exemptions. 
  3. 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?

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 Application About a Family Law Matter with all your supporting documents and serve it on the other party or parties. 

When the other party has replied or the time for reply has passed, you can contact the Judicial Case Manager to schedule a Family Management Conference. At the Family Management Conference, you and the other party (or parties) will meet with a judge. The judge will work with you to see whether agreement can be reached on some or all of the issues. The judge can make an interim order or a final order by consent. 

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?

The Early Resolution process also includes rules for applications about: 

  • protection orders
  • enforcement of existing orders
  • giving, refusing, or withdrawing consent to medical, dental, or other health-related treatments for a child, if delay will result in risk to the health of the child
  • applying for a passport, licence, permit, benefit, privilege, or other thing for the child, if delay will result in risk of harm to the child's physical, psychological, or emotional safety, security, or well-being
  • relocation of a child
  • preventing the removal of a child from a certain location 
  • determining matters relating to interjurisdictional issues 

Parties involved in these matters will file and serve an application and proceed to a hearing without having to participate in the early resolution processes. If the parties have one of these types of matters and an early resolution family law matter, they can go through court to get the one issue resolved and proceed through early resolution and case management on the other issues. The model recognizes that protection orders and some parenting matters are urgent and need to proceed directly to court. 

To read more about the Early Resolution process in Victoria and Surrey see the BC Ministry of Attorney General's website, which also makes available a brochure with a simplified process map. 

Family Justice Registries

If your family law dispute is in Kelowna, Nanaimo, or Vancouver (Robson Square), the provincial court registries in those locations fall under the Family Justice registry model.

To start a proceeding in a Family Justice registry, you file specific forms based on what you’re asking a judge to ultimately decide. Some of the most common things people ask for are:

  • guardianship
  • parenting responsibilities
  • decision-making authority
  • parenting time (sometimes called custody, though Canadian courts don’t use that word anymore)
  • contact (visitation rights of a person who is not a child's guardian)
  • child support and special expenses, and
  • spousal support

There are also conduct orders which can help parties set boundaries to assist them in working towards resolution, and there are protection orders, which follow a different process due to their often-urgent nature.  

What form do I file?

Family Law Matters

If you're using a Family Justice Registry, the next step is to determine what you're asking a judge to decide, and see if it qualifies as a Family Law Matter. The following are considered Family Law Matters:

  • parenting arrangements
  • child support
  • contact with a child
  • guardianship of a child, or
  • spousal support

In these cases you will start by filing an Application About a Family Law Matter in Form 3 and delivering it by personal service to the other party. This means that someone other than you who is over 19 years old must serve the other party in person with a copy of the application and instructions from the registry on how to reply.

Applying for other orders

Start by figuring out what kind of order you need. That will determine the form you’ll have to file with the court. If your matter isn't captured by the definition of a "Family Law Matter", then you’ll have to file another type of form for orders other than family law matters. These include applications for:

  • a case management order
  • a protection order
  • an order about a priority parenting matter
  • an order about relocation, or
  • a consent order.

The rules for these kinds of orders are the same no matter what kind of registry you are in.

Case Management Orders: Case management orders are orders about a range of issues to help manage a case. The list is set out at section 62 of the Provincial Court Family Rules, but a few examples include:
  • transferring a court file to another registry
  • accessing a court file
  • correcting or amending a filed document
  • waiving or changing requirements about serving someone with court documents you filed
  • applying to attend court by phone or video
  • adjourning court appearances, or
  • correcting an order made under the Provincial Court Family Rules.
To apply for a case management order, file an Application for Case Management Order in Form 10, along with any supporting evidence or documents you have. You can also file an Application for Case Management Order Without Notice or Attendance in Form 11 if no appearance before a judge is required. Check the instructions located in each of the forms, or see Provincial Court Family Rule 65 to determine whether an appearance is required, and which form you'll have to file. If a case management order is made without notice, you'll have to serve a copy of the order, the application, and any supporting evidence or documents, on the other party.
Protection Orders: If you’re applying for a protection order and an order about a family law matter, you don’t have to follow the special steps set out for the Early Resolution Registries, the Family Justice Registries, or the Parenting Education Program Registries.
No matter the court registry you are in, if you have protection or safety concerns, you can apply to the court to go before a judge without letting the other party know first. It's up to the judge whether to hear your without notice application. Any without notice application will have to include reasons why the application should be heard without notice to the other side. File an Application about a Protection Order in Form 12 to apply for a protection order along with an Application for Case Management Order Without Notice or Attendance in Form 11 to apply without notice to the other party.
Once you speak to the judge about the protection order you’ve asked for and if the order is made, remember that a protection order expires either on the date the judge orders for it to end, or one year after the date it is made. You can apply for another protection order if you need to.
If you have safety concerns about family violence, you may want to talk to a support worker. VictimLinkBC is a confidential, multilingual telephone service available 24 hours a day, 7 days a week at 1-800-563-0808. Victim services workers can provide crisis support, information and referrals to supports including safety planning, victim services, transition houses and counselling services.
Priority Parenting Matter: Orders about priority parenting matters are decisions where a delay in obtaining a court’s decision would pose a risk to a child. These applications should be filed in rare circumstances, and only in situations listed in Form 15, Application About a Priority Parenting Matter.
In addition to Form 15 you’ll also have to file a Form 11 if you’re applying to waive or change the requirement to give seven days’ notice of the application to the other party.
Relocation: If you have a written and signed agreement or a court order about parenting time or contact and you receive written notice from the other parent saying the plan to relocate with the child, then you can apply to the court for an order prohibiting the relocation of the child using Form 16, Application for Order Prohibiting the Relocation of a Child. At least seven days before the court date listed on the application form, you’ll have to serve the Form 16 on the other party, along with a copy of the written agreement or court order about parenting time, and a copy of (or details about) the notice of relocation that you received.
If the other parent plans to relocate with your child and you do not have a written and signed agreement about parenting time or contact, you can apply for an order prohibiting relocation using the Application About a Priority Parenting Matter form, in Form 15, and you’ll have to serve that Form on the other parent at least seven days before the court date listed on the application form.
Consent Orders: If you and the other party in your Family Law Matter have reached an agreement, you can ask the court to make an order, usually without going to court and arguing before a judge. A judge will still have to review the draft consent order that you file and, as long as they don’t have any questions or concerns about the orders you're asking for, they can make the order.
To obtain a consent order about a Family Law Matter, you’ll have to file an Application for a Family Law Matter Consent Order in Form 17, as well as a draft of the Consent Order in Form 18 setting out what you have agreed on and the orders you’re asking the court to make. The draft Consent Order in Form 18 will have to be signed by all parties or their lawyers.
If a judge reviews your application and draft consent order and needs more information, they can ask for more evidence or information, which may mean that you must go to court and speak to a judge. It could also mean that a judge might make changes to the draft consent order and, if you and the other party agree to the changes, you can go to the registry at the courthouse and sign the changes. An application for a consent order can also be rejected. If that happens, the judge will provide their reasons for rejection.
In addition to applying for consent orders about a Family Law Matter, you can also file for a consent order related to one of the case management issues discussed above. This is done by by filing an Application for Case Management Order in Form 10. If you specify in your Form 10 that you do not want a court appearance, you must also submit a draft of the Consent Order in Form 18, signed by all concerned parties or their lawyers.

Parenting Education Program Registry

Starting a Provincial Court action in one of the Parenting Education Program Registries is the same as in a Family Justice Registry, however you do not have to participate in a needs assessment before you can schedule a Family Management Conference.

You will still have to complete a parenting education program (such as Parenting After Separation) if children are involved, and you still have the option to participate in a needs assessment and consensual dispute resolution.

The Parenting After Separation Program

In certain registries of the Provincial Court, the parties to a court proceeding must meet with a family justice counsellor and, if children are involved, attend a Parenting After Separation Course before they can take any further steps in their case. This rule may apply even if you're asking for a default judgment or an order everyone agrees to, called a consent order. The registry will tell you what is needed. If necessary, the registry will refer you to a family justice counsellor and tell you where the Parenting After Separation Course is offered.

Family justice counsellors can provide information that may help to resolve the court proceeding; they can also serve as mediators if all of the parties are prepared to try mediation.

The Parenting After Separation Program is very useful to take, and you should seriously consider taking the course even if it isn't required in your court registry. The program is available online. The online course does not replace the need to attend an in-person course if that's required. You will have to file a certificate that you've completed the program in court.

Limitations of the Provincial Court

The Provincial Court is built for people who are not represented by a lawyer. There are no filing fees in this court, in some ways the forms are easier to prepare, the rules of court are simplified, and the court registry will sometimes take care of things like drafting court orders. The main disadvantage of bringing your case to the Provincial Court is that the authority of the court is limited. The Provincial Court can only hear applications under the Family Law Act on certain subjects, including:

  1. guardianship;
  2. parental responsibilities and parenting time;
  3. contact with a child;
  4. child support;
  5. spousal support;
  6. protection orders; and,
  7. payment of household bills such as mortgage and utilities until trial or settlement.

The Provincial Court cannot hear any claims under the federal Divorce Act. However, it also cannot hear claims for orders relating to the division of property and debt under the provincial Family Law Act.

The Supreme Court

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 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 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 3-1: Starting a court proceeding
  • Rule 4-1: Notices of Family Claim and service requirements
  • Rule 4-3: Replying to a Notice of Family Claim
  • Rule 5-1: Financial disclosure
  • Rule 6-3: Personal service
  • Rule 7-1: Judicial case conferences
  • Part 9: Disclosure and discovery of documents
  • Part 10: Interim applications and chambers procedure
  • Rule 11-4: Discontinuing a court proceeding
  • Part 13: Expert witnesses
  • Rule 11-3: Summary trial procedure
  • Rule 14-7: Trial procedure
  • Rule 15-2.1: Guardianship orders

Links to and examples of the Notice of Family Claim and other court forms can be found in Supreme Court Forms and Examples. For a quick introduction to how to start a proceeding, see How Do I Start a Family Law Action in the Supreme Court?. It's located in the Helpful Guides & Common Questions part of this resource.

Quick answers for common questions

The following issues are addressed in the Starting an Action section in the Helpful Guides & Common Questions part of this resource:

Preparing, filing and serving the Notice of Family Claim

Legal Aid BC's
Family Law in BC website
has guided pathway information on how to
Get family orders.

The claimant, the person starting the court proceeding, must fill out a Notice of Family Claim in Form F3 and file the claim in court to start a court proceeding. The Notice of Family Claim provides certain information, including:

  1. the claimant's name and address;
  2. the name and address of the person against whom the claim is made, the respondent;
  3. the basic history of the parties' relationship;
  4. the names and birthdates of any children; and,
  5. a list of the orders the claimant would like the court to make.

The court form that must be used is set out in the Supreme Court Family Rules. This is a special form of claim used only in family law cases. Additional pages that require more detailed information must be added to the Notice of Family Claim when the claimant seeks orders about:

  1. divorce;
  2. the care of children and child support;
  3. spousal support;
  4. the division of property and debt; and,
  5. orders about other subjects, like orders for the protection of people or orders for the change of a person's name.

The Notice of Family Claim must be filed in the court registry and be personally served on the respondent. If you're asking for a divorce order, you'll have to fill out a Registration of Divorce Proceeding form when you file your Notice of Family Claim. It currently costs $200 to file a Notice of Family Claim, or $210 if the claim includes a claim for a divorce. When you file any document in Supreme Court, including the Notice of Family Claim, the registry will keep the original of the document. You will want to make and keep at least two additional copies, one for you to keep and one to give to the other party.

Personal service means physically handing the Notice of Family Claim to the respondent. The Divorce Act and Rule 6-3(2) of the Supreme Court Family Rules say that a claimant cannot serve a respondent themselves. You must either pay a process server to do it or enlist the help of a friend over the age of majority. Don't use one of your children to serve your ex.

Deadline for reply

The respondent has 30 days to file a Response to Family Claim after being served with your Notice of Family Claim. If the respondent doesn't do this, you may be able to get the orders you asked for in your Notice of Family Claim as a default judgment, a final order the court makes when the respondent doesn't file a Response to Family Claim.

You should be aware that judges can be fairly lenient towards people who miss filing deadlines. A claimant should not expect to win on a technicality like this. If a respondent files their Response to Family Claim late, the court will usually give the respondent an extension of time and overlook the missed due date. However, if the respondent just ignores you and ignores your claim, at some point the court will make the order you're asking for.

Sometimes a respondent will not reply to a Notice of Family Claim because they agree to the orders the claimant is asking for. This often happens when the claimant is just asking for a divorce. In a case like this, the court proceeding will qualify as an "undefended family law case" and you can apply for a default judgment under Rule 10-10 of the Supreme Court Rules. For more information about the do-it-yourself divorce process, see the Divorce and the Law on Getting Divorced section in the Separating and Getting Divorced chapter.

The next steps

If the respondent has chosen to file a Response to Family Claim, they have decided to oppose some or all of the orders you are asking for in your claim. This doesn't mean that you're necessarily going to wind up in a trial, but it does mean that, at least for now, the respondent disagrees at least some of the orders you're asking for. One of three things is going to happen in your court proceeding:

  1. you'll settle your disagreement out of court, and come up with either a separation agreement or an order that you both agree the court should make, called a consent order.
  2. you'll not be able to agree, and the intervention of the court at a trial will be required; or,
  3. after some initial scuffles, neither you nor the respondent will take any further steps in the court proceeding and the proceeding will languish.

Hopefully, it'll be the first.

Resources and links

Legislation

Resources

Links


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by JP Boyd, 4 April 2020.


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