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Difference between revisions of "Responding to a Court Proceeding in a Family Matter"
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Responding to a Court Proceeding in a Family Matter (view source)
Revision as of 04:23, 5 May 2013
, 04:23, 5 May 2013→Preparing, filing and serving a counterclaim
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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 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 | 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 [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html 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 | The form you must use is Form F5, set out in the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html 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 seeking orders about: | ||
*divorce, | *divorce, | ||
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*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 costs $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. | ||
====Tips about defending an action in Supreme Court==== | ====Tips about defending an action in Supreme Court==== | ||
