Difference between revisions of "Starting a Court Proceeding in a Family Matter"
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===Preparing, Filing and Serving the Notice of Family Claim=== | ===Preparing, Filing and Serving the Notice of Family Claim=== | ||
The Notice of Family Claim sets out: the name and address of the person starting the court proceeding, the Claimant; the name and address of the person against whom the claim is made, the Respondent; the basic history of the parties' relationship; and, the | The Notice of Family Claim sets out: the name and address of the person starting the court proceeding, the ''Claimant''; the name and address of the person against whom the claim is made, the ''Respondent''; the basic history of the parties' relationship; and, an outline of the orders the Claimant would like the court to make. | ||
The form which must be used is Form F3, set out in the Supreme Court Family Rules. This is a special form of claim used only in family law cases. Additional pages which require more detailed information must be added to the Notice of Family Claim when the Claimant seeks orders about: | The form which must be used is Form F3, set out in the Supreme Court Family Rules. This is a special form of claim used only in family law cases. Additional pages which require more detailed information must be added to the Notice of Family Claim when the Claimant seeks orders about: | ||
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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 Notice of Family Claim must be filed in the court registry and be personally served on the Respondent. If you are asking for a divorce order, you'll have to fill out a ''Registration of Divorce Proceeding'' form when you file your Notice of Family Claim. It costs $200 to file Notice of Family Claim, or $210 if the claim includes a claim for a divorce. | The Notice of Family Claim must be filed in the court registry and be personally served on the Respondent. If you are asking for a divorce order, you'll have to fill out a ''Registration of Divorce Proceeding'' form when you file your Notice of Family Claim. It costs $200 to file a Notice of Family Claim, or $210 if the claim includes a claim for a divorce. | ||
Personal service means physically handing the Notice of Family Claim to the Respondent. The ''Divorce Act'' and Rule 6-3(2) of the 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 go without saying, don't use one of your children to serve your ex. | Personal service means physically handing the Notice of Family Claim to the Respondent. The ''Divorce Act'' and Rule 6-3(2) of the 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 go without saying, don't use one of your children to serve your ex. | ||