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Difference between revisions of "Introduction to Family Law in British Columbia"
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Introduction to Family Law in British Columbia (view source)
Revision as of 17:02, 11 May 2013
, 17:02, 11 May 2013→The courts of British Columbia
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There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. The Court of Appeal is the highest court in the province and the Provincial Court is the lowest. Most family law litigation happens in the Provincial Court and the Supreme Court. | There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. The Court of Appeal is the highest court in the province and the Provincial Court is the lowest. Most family law litigation happens in the Provincial Court and the Supreme Court. | ||
The branch of the Provincial Court that deals with family law is called the Provincial (Family) Court. Other branches of the Provincial Court include the Provincial (Youth) Court and the Provincial (Small Claims) Court. Provincial (Family) Court can deal with: | The branch of the Provincial Court that deals with family law is called the Provincial (Family) Court. Other branches of the Provincial Court include the Provincial (Youth) Court and the Provincial (Small Claims) Court. When this wiki talks about the Provincial (Family) Court, it will just say the "Provincial Court." The Provincial Court can deal with: | ||
*guardianship under the ''[[Family Law Act]]'', | *guardianship under the ''[[Family Law Act]]'', | ||
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To get to court, you must start a court proceeding and tell the court what you want. In the Provincial Court, proceedings are started with a court form called an Application to Obtain an Order. In the Supreme Court, the court form is called a Notice of Family Claim. In the Provincial Court, the person who starts a court proceeding is called the ''applicant''; in the Supreme Court, this person is the ''claimant''. | To get to court, you must start a court proceeding and tell the court what you want. In the Provincial Court, proceedings are started with a court form called an Application to Obtain an Order. In the Supreme Court, the court form is called a Notice of Family Claim. In the Provincial Court, the person who starts a court proceeding is called the ''applicant''; in the Supreme Court, this person is the ''claimant''. | ||
Once a court proceeding has started, the | Once a court proceeding has started, the person whom the proceeding has been brought against can answer the claims being made and make new claims. In the Provincial Court, this answer is called a Reply. In the Supreme Court, two court forms can be used: a Response to Family Claim and a Counterclaim. In the Provincial Court and in the Supreme Court, the person answering a court proceeding is called the ''respondent''. | ||
Applicants and respondents (in the Provincial Court), and claimants and respondents (in the Supreme Court), are called the ''parties'' to the court proceeding. | Applicants and respondents (in the Provincial Court), and claimants and respondents (in the Supreme Court), are called the ''parties'' to the court proceeding. | ||
After the respondent has filed a reply to the claim, both parties can ask the court to make an ''order'' about some or all of the issues | After the respondent has filed a reply to the claim, both parties can ask the court to make an ''order'' about some or all of the issues raised in the court proceeding. An order is a decision of a judge that requires someone to do something or not do something. For example, a court can make an order that a child live mostly with one party, an order that one party not harass the other, or an order that one party have the family car. | ||
Orders can be made ''by consent'', which means that they are made with the agreement of both people. If the couple can't agree on the terms of the order, they must go to a hearing before a judge and have the judge | Orders can be made ''by consent'', which means that they are made with the agreement of both people. If the couple can't agree on the terms of the order, they must go to a hearing before a judge and have the judge decide the terms of the order. There are two types of order: an ''interim order'', which is any order made before trial; and, a ''final order'', which is an order made at the end of a trial. A ''trial'' is the final hearing before a judge that concludes the court proceeding. | ||
If you don't like the order you get from | If you don't like the order you get from the judge, you cans sometimes challenge the order before a higher level of court in a court proceeding called an ''appeal''. An order of the Provincial Court is appealed to the Supreme Court. An order of the Supreme Court is appealed to the Court of Appeal. You cannot appeal an order that you agreed to. | ||
Over time, the terms of an order may need to be changed. If there has been a serious change in your circumstances or in the circumstances of the children since an order was made, you can go back to court and ask that the order be changed to <span class="noglossary">suit</span> the new circumstances. This is called ''varying'' an order. | Over time, the terms of an order may need to be changed. If there has been a serious change in your circumstances or in the circumstances of the children since an order was made, you can go back to court and ask that the order be changed to <span class="noglossary">suit</span> the new circumstances. This is called ''varying'' an order. | ||
