7,367
edits
Difference between revisions of "How Do I Respond to a Family Law Action in the Supreme Court?"
From Clicklaw Wikibooks
How Do I Respond to a Family Law Action in the Supreme Court? (view source)
Revision as of 22:06, 17 January 2024
, 17 JanuaryFrom staging 2024
m |
Nate Russell (talk | contribs) (From staging 2024) |
||
| Line 1: | Line 1: | ||
{{JP Boyd on Family Law How Do I TOC|expanded=defending}} | {{JP Boyd on Family Law How Do I TOC|expanded=defending}} | ||
Once you have been served with the claimant's Notice of Family Claim, you have | Once you have been served with the claimant's Notice of Family Claim, you have some choices: | ||
*you can do nothing, indicating that you either agree with the claimant's claim or don't object to it, | *you can do nothing, indicating that you either agree with the claimant's claim or don't object to it, | ||
| Line 7: | Line 7: | ||
*you can defend the claimant's claim and make your own claim against the claimant. | *you can defend the claimant's claim and make your own claim against the claimant. | ||
If you decide to respond to the claimant's claim, you'll need to fill out and file a Response to Family Claim. If you decide to make a claim of your own against the claimant, you'll also need to fill out and file a Counterclaim. The forms are available online; see | If you decide to respond to the claimant's claim, you'll need to fill out and file a Response to Family Claim in Form F4. If you decide to make a claim of your own against the claimant, you'll also need to fill out and file a Counterclaim in Form F5. The forms are available online; see Legal Aid BC’s helpful Family Law website, which has a guide on how to respond when you are [https://family.legalaid.bc.ca/bc-legal-system/ive-been-served/supreme-form served with a Supreme Court form]. | ||
You must file your Response to Family Claim and Counterclaim within 30 days of being served with the Notice of Family Claim. This deadline runs from the date you were served, not the date the Notice of Family Claim was filed in court. You must file your forms at the court registry where the claimant filed the Notice of Family Claim. The court registry is indicated at the upper right-hand corner of the first page of the Notice of Family Claim. | You must file your Form 4 Response to Family Claim (and if applicable your Form 5 Counterclaim) within 30 days of being served with the Notice of Family Claim. This deadline runs from the date you were served, not the date the Notice of Family Claim was filed in court. If you were served after 4:00 pm, or on a Saturday, Sunday, or any weekday that's a statutory holiday, the date of service will technically be the next business day. You must file your forms at the court registry where the claimant filed the Notice of Family Claim. The court registry is indicated at the upper right-hand corner of the first page of the Notice of Family Claim. When you go to the courthouse to file your Response to Family Claim and Counterclaim, take 4 copies of each form with you. The Courthouse will keep the original documents, and you will receive three stamped copies. | ||
Once you have filed the Response to Family Claim and the Counterclaim, these documents must be served on the Claimant by way of ordinary service. | |||
==The forms== | ==The forms== | ||
| Line 19: | Line 21: | ||
==What happens next?== | ==What happens next?== | ||
If either of you is claiming for child support, spousal support, or division of property and debt, you have to fill out a [[Form F8 Financial Statement]]. Once you've filed your Response to Family Claim and, if you want, your Counterclaim, the usual next step is to attend a '' | If either of you is claiming for child support, spousal support, or division of property and debt, you have to fill out a [[Form F8 Financial Statement]]. Once you've filed your Response to Family Claim and, if you want, your Counterclaim, the usual next step is to attend a ''judicial case conference'' (JCC). Except in certain circumstances, you can't make an application to the court without having a JCC first. Read the page on [[How Do I Schedule a Judicial Case Conference for Hearing?]]. Note that your Form F8 Financial Statement is due at least 7 days before the JCC is heard. | ||
{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[Mark Norton]] and [[Stephanie Pesth]], September 14, 2023}} | ||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
| Line 33: | Line 31: | ||
{{Creative Commons for JP Boyd}} | {{Creative Commons for JP Boyd}} | ||
[[Category: | [[Category:Helpful Guides & Common Questions|R]] | ||
[[Category:Defending a Family Law Action]] | [[Category:Defending a Family Law Action]] | ||
[[Category:JP Boyd on Family Law]] | [[Category:JP Boyd on Family Law]] | ||
