Difference between revisions of "Responding to a Court Proceeding in a Family Matter"
Jump to navigation
Jump to search
Desy Wahyuni (talk | contribs) m |
Desy Wahyuni (talk | contribs) |
||
Line 48: | Line 48: | ||
The form you must use is Form F4, set out in the Supreme Court Family Rules. This is a special form of response used only in family law cases. | The form you must use is Form F4, set out in the Supreme Court Family Rules. This is a special form of response used only in family law cases. | ||
The Response to Family Claim must be filed in the court registry and be served on the claimant by ordinary service. It <span class="noglossary">costs</span> $25 to file a Response to Family Claim. Ordinary service means sending a copy of the filed response to the claimant at any of the addresses for service identified in the Notice of Family Claim. | The Response to Family Claim must be filed in the court registry and be served on the claimant by ordinary service. It <span class="noglossary">costs</span> $25 to file a Response to Family Claim. When you file any document in Supreme Court (including the Response to Family Claim), the registry will keep the original of the document, so 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). Ordinary service means sending a copy of the filed response to the claimant at any of the addresses for service identified in the Notice of Family Claim. | ||
===Preparing, filing and serving a counterclaim=== | ===Preparing, filing and serving a counterclaim=== | ||
If there are any orders you would like to ask for, you may file a Counterclaim at the court registry within 30 days of being served with the claimant's Notice of Family Claim. Your Counterclaim describes the orders you would like the court to make. | If there are any orders you would like to ask for, you may file a Counterclaim at the court registry within 30 days of being served with the claimant's Notice of Family Claim. Your Counterclaim describes the additional orders you would like the court to make. | ||
It can be very important to file a Counterclaim if you want the court to make an order on different terms or about a different issue than the claims made in the Notice of Family Claim. Think of it like this: your Response to Family Claim is your defence to the claims made by the claimant in his or her Notice of Family Claim. Your Response to Family Claim doesn't ask for anything; it just says what you do and don't agree with. Unless a Counterclaim is filed, the only person asking for any orders is the claimant. If you are successful in your defence, there may be no claims left for the court to make an order about. | It can be very important to file a Counterclaim if you want the court to make an order on different terms or about a different issue than the claims made in the Notice of Family Claim. Think of it like this: your Response to Family Claim is your defence to the claims made by the claimant in his or her Notice of Family Claim. Your Response to Family Claim doesn't ask for anything; it just says what you do and don't agree with. Unless a Counterclaim is filed, the only person asking for any orders is the claimant. If you are successful in your defence, there may be no claims left for the court to make an order about. | ||
The form you must use is Form F5, set out in the Supreme Court Family Rules. This is a special form of counterclaim used in family law cases. Additional pages that require more detailed information must be added to the Counterclaim when you are asking for orders about: | Rule 4-4 of the Supreme Court Family Rules provides information about Counterclaims. The form you must use is Form F5, set out in the Supreme Court Family Rules. This is a special form of counterclaim used in family law cases. Additional pages that require more detailed information must be added to the Counterclaim when you are asking for orders about: | ||
*divorce, | *divorce, | ||
Line 64: | Line 64: | ||
*other orders, like protection orders or orders for the change of a person's name. | *other orders, like protection orders or orders for the change of a person's name. | ||
The Counterclaim must be filed in the court registry and be served on the claimant by ordinary service. It <span class="noglossary">costs</span> $200 to file a Counterclaim. | The Counterclaim must be filed in the court registry and be served on the claimant by ordinary service. It <span class="noglossary">costs</span> $200 to file a Counterclaim. When you file any document in Supreme Court (including the Counterclaim), the registry will keep the original of the document, so 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). | ||
===Deadline for reply=== | ===Deadline for reply=== | ||
Line 78: | Line 78: | ||
#After some initial scuffles, neither you nor the claimant will take any further steps in the court proceeding and the proceeding will languish. | #After some initial scuffles, neither you nor the claimant will take any further steps in the court proceeding and the proceeding will languish. | ||
For more information on the next steps in a family law proceeding, see [[Next Steps: An Overview of Case Conferences and Discovery in a Family Law Matter|Next Steps: An Overview of Case Conferences and Discovery]]. | |||
==The Provincial Court== | ==The Provincial Court== | ||
Line 149: | Line 107: | ||
*parental responsibilities and parenting time, | *parental responsibilities and parenting time, | ||
*contact with a child, | *contact with a child, | ||
*child support, | *child support, | ||
*spousal support. | *spousal support, | ||
*protection orders, and | |||
*payment of household bills such as mortgage and utilities pending trial or settlement. | |||
The Provincial Court cannot hear claims under the federal ''[[Divorce Act]]''. It cannot hear claims under the ''Family Law Act'' for orders relating to the division of property and debt. | The Provincial Court cannot hear claims under the federal ''[[Divorce Act]]''. It cannot hear claims under the ''Family Law Act'' for orders relating to the division of property and debt. | ||
Line 172: | Line 132: | ||
===The next steps=== | ===The next steps=== | ||
In certain registries of the Provincial Court, the parties must meet with a family justice counsellor, and, if children are involved, attend a [http://www.familylaw.lss.bc.ca/resources/fact_sheets/parent_after_separation.php Parenting After Separation] program before you can take any further steps in your case. This may apply even if you are seeking a default judgment. The court clerk at your court registry will tell you what is needed. If necessary, the court clerk will refer you to the family justice counsellor and tell you where the Parenting After Separation program is offered | In certain registries of the Provincial Court, the parties must meet with a family justice counsellor, and, if children are involved, attend a [http://www.familylaw.lss.bc.ca/resources/fact_sheets/parent_after_separation.php Parenting After Separation] program before you can take any further steps in your case. This may apply even if you are seeking a default judgment. The court clerk at your court registry will tell you what is needed. If necessary, the court clerk will refer you to the family justice counsellor and tell you where the Parenting After Separation program is offered. | ||
Family justice counsellors can provide information that may help to resolve the court proceeding; they can also serve as mediators if both 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 [http://parenting.familieschange.ca online]. The online course does not replace the need to attend an in-person course if that is otherwise required. You will have to file a certificate that you've completed the program. | |||
The additional steps that follow the commencement of a proceeding in the Provincial Court are a simplified version of the Supreme Court process. There are fewer hoops to jump through, but also fewer means to extract information and documents from the other side. | |||
For more information on the next steps in a family law proceeding, see [[Next Steps: An Overview of Case Conferences and Discovery in a Family Law Matter|Next Steps: An Overview of Case Conferences and Discovery]]. | |||
==Resources and links== | ==Resources and links== | ||
Line 236: | Line 169: | ||
{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[Shannon Aldinger]], June 8, 2017}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} |