Anonymous

Difference between revisions of "Starting a Court Proceeding in a Family Matter"

From Clicklaw Wikibooks
Line 9: Line 9:
To start a proceeding in the Supreme Court, the main document you will have to prepare is a Notice of Family Claim in Form F3, a special form prescribed by the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules]. (This document is one of the basic legal documents in a court proceeding known as pleadings.) This is the document that says who you are suing and the orders you want to the court to make.
To start a proceeding in the Supreme Court, the main document you will have to prepare is a Notice of Family Claim in Form F3, a special form prescribed by the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules]. (This document is one of the basic legal documents in a court proceeding known as pleadings.) This is the document that says who you are suing and the orders you want to the court to make.


Family law proceedings are governed by the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html 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. 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 section ''Starting an Action'' in the ''How Do I?'' part of this resource.  
Family law proceedings are governed by the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html 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 primary rules about Notices of Family Claim and the management of court proceedings are:
The primary rules about Notices of Family Claim and the management of court proceedings are:
Line 28: Line 28:
*Rule 15-2.1: guardianship orders
*Rule 15-2.1: guardianship orders


Links to and examples of court forms are at [[Supreme Court Forms (Family Law)]].
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 & 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 section ''Starting an Action'' in the ''How Do I?'' part of this resource.  


===Preparing, filing and serving the notice of family claim===
===Preparing, filing and serving the notice of family claim===
Line 49: Line 49:


====Tips about starting an action in Supreme Court====
====Tips about starting an action in Supreme Court====


The following tips are located in the section ''Starting an Action'' in the ''How Do I?'' part of this resource:
The following tips are located in the section ''Starting an Action'' in the ''How Do I?'' part of this resource: