Anonymous

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

From Clicklaw Wikibooks

Starting a Court Proceeding in a Family Matter (view source)

Revision as of 01:19, 19 May 2013

1,435 bytes removed ,  01:19, 19 May 2013
→‎Tips about starting an action in Supreme Court
Line 47: Line 47:


The requirement for personal service means physically handing the Notice of Family Claim to the respondent. The ''[[Divorce Act]]'' and Rule 6-3(2) of the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html 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 to go without saying, don't use one of your children to serve your ex.
The requirement for personal service means physically handing the Notice of Family Claim to the respondent. The ''[[Divorce Act]]'' and Rule 6-3(2) of the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html 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 to go without saying, don't use one of your children to serve your ex.
====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:
* '''Can't pay your court fees''': If you can't pay the court fees because you are flat broke, you can apply for indigent status. If you are granted indigent status the court fees will be waived. To find out more, see [[How Do I Apply for Indigent Status in the Supreme Court?]]
* '''Quick guide to personal service''': For a quick summary of what's involved in personal service, see [[How Do I Personally Serve Someone with Legal Documents?]]
* '''Can't physically serve the respondent''': If it is impossible to physically hand the Notice of Family Claim to the respondent, you have to apply to 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?]]
* '''Not sure where your ex is''': If you're not sure where your ex lives, see [[How Do I Find My Ex?]]
* '''Need to change something on the Notice of Family Claim''': To find out what happens when you want to change something, see [[How Do I Change Something in My Notice of Family Claim?]]
* '''Want the court action to stop'''.  To find out if you can stop a family law action in the Supreme Court once you've started it, see [[How Do I Stop a Family Law Action in the Supreme Court?]]


===Deadline for reply===
===Deadline for reply===
Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/12546"