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

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If you need the court to make an order about anything, from the care of children to the payment of spousal support to the division of assets, you must begin a court proceeding. There are certain steps you must take, certain fees you must pay and certain forms you must fill out before the court will hear your claim. Although the staff at the court registries are friendly and very helpful, it is your job to prepare these materials, gather your evidence and take the steps necessary to bring your case before a judge. This page reviews the processes for starting a proceeding in the Supreme Court and the Provincial Court.
If you need the court to make an order about anything, from the care of children to the payment of spousal support to the division of assets, you must begin a court proceeding. There are certain steps you must take, certain fees you must pay and certain forms you must fill out before the court will hear your claim. Although the staff at the court registries are friendly and very helpful, it is your job to prepare these materials, gather your evidence and take the steps necessary to bring your case before a judge. This page reviews the processes for starting a proceeding in the Supreme Court and the Provincial Court.


'''JP done. Downloads section needs to be addressed. No glossary tags to be added. Links to be added, including to other pages in wiki. Downloadable documents to be added.'''
'''JP done. Downloads section needs to be addressed. No glossary tags to be added. Links to be added, including to other pages in wiki.'''


==The Supreme Court==
==The Supreme Court==
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*Rule 11-3: summary trial procedure
*Rule 11-3: summary trial procedure
*Rule 14-7: trial procedure
*Rule 14-7: trial procedure
*Rule 15-2.1: guardianship orders


Sample court forms and blank court forms for download are available in ____.
Sample court forms and blank court forms for download are available in ____.
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* other chapters
* other chapters


==Page Resources, Links and Downloads==
==Page Resources and Links==
 
Templates for the court forms referred to in this page, and examples of what the court forms look like when they're filled out, are available in the _____ chapter.


===Legislation===
===Legislation===
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* <span style="color: red;">bulleted list of linked external websites referred to in page</span>
* <span style="color: red;">bulleted list of linked external websites referred to in page</span>
===Downloads===
What are our plans for sample documents? Is everything to be on a separate page? If so, the following should be moved there. I haven't edited the following.
====Supreme Court Forms====
The links below will open sample court documents in a new window. You will require Adobe Acrobat Reader to view these files, a free program available for download from Adobe Software.
In this sample, our fictitious Claimant, Jane Doe, is suing her husband, John Doe, for a divorce, orders relating to the care and control of the children, orders for the payment of spousal and child support, orders relating to the division of property, a common financial restraining order, and a declaration that the parties are unable to reconcile. Areas where the court form offers a choice or where you must supply information are indicated in burgundy text.
Also included is a sample of the form required when divorce proceedings are commenced, which notifies the central divorce registry in Ottawa, Ontario, of the commencement of the action for divorce.
====Provincial Court Forms====
The links below will open a sample Application to Obtain an Order and a sample Application to Change an Order or Agreement in a new window.
In the sample Application to Obtain an Order, our fictitious applicant, Simon Chang, is suing his common-law partner, Suzie Schwartz, for orders relating to the care and control of the children, an order for the payment child support, and a common restraining order stopping Suzie from removing the children from British Columbia. In the sample Application to Change an Order or Agreement, Simon is asking for an order that Suzie's child support obligation be increased because her income has increased.
Form 1: Application to Obtain an Order
Form 2: Application to Change an Order or Agreement
Form 4: Financial Statement
These sample documents are just that: samples. While they represent a more or less accurate picture of how Simon Chang might fill out his forms, they may not be applicable to your situation. Use them as a reference only together with the official court form.
Areas where you must supply information are indicated in handwritten script.
Form F3: Notice of Family Claim (PDF)
Registration of Divorce Proceeding (PDF)
Form F8: Financial Statement (PDF)
Form F19: Notice of Judicial Case Conference (PDF)
These sample documents are just that: samples. While they represent a more or less accurate picture of how Jane Doe might fill out her forms, they may not be applicable to your situation. Use them as a reference only together with the official court form.
2. Court Forms
Click the links below to open templates in Word format. Areas where you must supply information are indicated in green text.
Form F3: Notice of Family Claim (DOC)
Form F8: Financial Statement (DOC)
Form F19: Notice of Judicial Case Conference (DOC)




{{JP Boyd on Family Law Navbox|type=chapters}}
{{JP Boyd on Family Law Navbox|type=chapters}}
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