Difference between revisions of "Responding to a Court Proceeding in a Family Matter"

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*Rule 11-3: summary trial procedure
*Rule 11-3: summary trial procedure
*Rule 14-7: trial procedure
*Rule 14-7: trial procedure
*Rule 15-2.1: guardianship orders


Sample court forms and blank court forms for download are available in _______ .
Sample court forms and blank court forms for download are available in _______ .
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The form which must be used is Form 3, set out in the Provincial Court Family Rules. The Reply must be filed in the court registry and the court clerk will take care of delivering your Reply to the Applicant.
The form which must be used is Form 3, set out in the Provincial Court Family Rules. The Reply must be filed in the court registry and the court clerk will take care of delivering your Reply to the Applicant.
===Deadline for the Applicant's Reply===
The Applicant has 30 days to file a ''Reply'' in Form 3 after being served with the Respondent's Reply if the Reply asks for any orders. Very few Applicants bother to file a Reply; I would only go to the trouble of preparing a response if there was something unusual or unexpected in the Counterclaim.


===The Next Steps===
===The Next Steps===
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 action can be taken in your case.


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 one of the other sorts of actions listed above.
In certain registries of the Provincial 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 court proceeding. This may apply even if you are seeking a default judgment. The court clerk will tell you what is needed at your court registry and, if necessary, 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.


The steps which follow the commencement of an action in Provincial (Family) Court are a watered down version of the Supreme Court process. There are less hoops to jump through, but also less means to extract information and documents from the other side.
At court registries that do not have this requirement, an interim application can be brought at any time after the court proceeding has been started.


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 next chapter The Legal System > Interim Applications.
The steps which follow the commencement of a proceeding in the Provincial 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.
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. All they are very usual 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! FCCs are discussed in detail in the previous chapter The Legal System > Starting an Action.
Have a Settlement Conference: The Rules allow a party to set a Settlement Conference before a judge. 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 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===
<blockquote>'''1. Meet with a Family Justice Counsellor and take the Parenting After Separation Program.''' 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 online at ______.</blockquote>


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:
<blockquote>'''2. Exchange Financial Statements.''' Financial Statements are required whenever the payment of child support or spousal support is an issue. Financial Statements are prepared in Form 4.</blockquote>


their last three years' worth of tax returns;
<blockquote>'''3. Have a Family Case Conference.''' This is a hearing similar to 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 to talk about the facts and issues, and set dates and deadlines for the remaining steps in the court proceeding. Although FCCs are very helpful and often result in settlement, FCCs only address issues about the care of children and are not mandatory unless you have been referred to an FCC by a judge. If you think an FCC will help resolve your case, ask for one!</blockquote>
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===
<blockquote>'''4. Make interim applications as needed.''' In almost all family law proceedings, the parties need the court to decide certain issues on a temporary basis until the trial can be heard. Typically, people need orders about things like where the children will live and whether should be paid until trial. The most common applications in family law involve restraining orders, orders about the care of children, child support and spousal support. The process for bringing interim applications is discussed in detail in the chapter ____.</blockquote>
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.


FCCs are discussed in mode detail in the previous chapter The Legal System > Starting an Action.
<blockquote>'''5. Have a Trial Preparation Conference.''' A TPC 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 present, whether documents have been exchanged, and anything else that can be dealt with to help make sure the trial will go ahead and be completed within the time available. A TPC is generally not an opportunity to engage in settlement discussions.</blockquote>


E. Downloads
<blockquote>'''6. Go to trial.''' At the end of the day, if you can't reach a settlement, you will have to have a 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 should make the orders they are asking for. 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.</blockquote>


===Financial Statements===


1. Sample Documents
If a court proceeding involves 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 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.


In this sample, our fictitious Respondent, John Doe, is defending a suit brought by his wife, Jane Doe. Jane is seeking 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. John agrees with some of her claims, but he opposes her claims about the care of the children and the payment of spousal support. John is seeking orders about the care of the children and the division property, a declaration that the parties cannot reconcile and a certificate of pending litigation against the title of the family home.
#the last three years' worth of tax returns (what's required is the complete income tax and benefit return, not tax return "summaries" or "informations");
#all Notices of Assessment and Reassessment received for the last three tax years;
#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; and,
#business records like financial statements and corporate income tax returns, if the party has a company.


Form F4: Response to Family Claim (PDF)
The form which must be used is Form 4, set out in the Provincial Court rules.
Form F5: Counterclaim (PDF)
These related materials have already been filed by Jane:


Form F8: Financial Statement (PDF)
===Family Case Conferences===
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 John Doe 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.
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.


2. Court Forms
FCCs can be extraordinarily helpful in helping everyone understand the issues and the dispute. Cases sometimes settle at FCCs, and even if a complete settlement can't be reached, problems about time with the children and support can usually be resolved on a temporary basis. This is a lot less expensive than making an interim application if you have to hire a lawyer.
Click the links below to open templates in Word format. Areas where you must supply information are indicated in green text.


Form F4: Response to Family Claim (DOC)
FCCs are discussed in more in the <span style="color: red;">Case Conferences</span> page.
Form F5: Counterclaim (DOC)
Form F8: Financial Statement (DOC)
Form F19: Notice of Judicial Case Conference (DOC)


==Further Reading in this Chapter==


Return to the <span style="color: red;">first page</span> in this chapter.


* other chapters


The link below will open a sample Reply in a new window.
==Page Resources and Links==


In the sample Reply, our fictitious respondent, Suzie Schwartz, agrees with the application of her partner, Simon Chang, for an order that she not remove their child from British Columbia, but she disagrees with everything else. As well, she seeks a few orders relating to the care and control of the child herself, as well as a restraining Order stopping Simon from harassing her.
Templates for the court forms referred to in this page, and examples of what the court forms look like when they're filled out, are available in the _____ chapter.


Form 3: Reply
===Legislation===
Form 4: Financial Statement
This sample document is just that: a sample. While it represents a more or less accurate picture of how Suzie Schwartz might fill out this form, it may not be applicable to your situation. Use it as a reference only together with the official court form.


Areas where you must supply information are indicated in black script.
*Supreme Court Act
*SC rules of court
*Provincial Court Act
*PC rules of court


===Links===


* <span style="color: red;">bulleted list of linked external websites referred to in page</span>




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