88
edits
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 17:59, 8 June 2019
, 17:59, 8 June 2019no edit summary
Nate Russell (talk | contribs) |
|||
| Line 52: | Line 52: | ||
|resourcetype = further step-by-step information on | |resourcetype = further step-by-step information on | ||
|link = [http://www.clicklaw.bc.ca/resource/2278 How to start a family law case<br/> in Supreme Court] | |link = [http://www.clicklaw.bc.ca/resource/2278 How to start a family law case<br/> in Supreme Court] | ||
}}The ''claimant'', the person starting the court proceeding, must fill out a Notice of Family Claim and file the claim in court. The Notice of Family Claim provides: the claimant's name and address; 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 ''claimant'', the person starting the court proceeding, must fill out a Notice of Family Claim and file the claim in court. The Notice of Family Claim provides: the claimant's name and address; the name and address of the person against whom the claim is made, the ''respondent''; the basic history of the parties' relationship; the names and birthdates of any children; and, an outline of the orders the claimant would like the court to make. | ||
The court form that 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 that require more detailed information must be added to the Notice of Family Claim when the claimant seeks orders about: | The court form that 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 that require more detailed information must be added to the Notice of Family Claim when the claimant seeks orders about: | ||
| Line 70: | Line 70: | ||
The respondent has 30 days to file a Response to Family Claim after being served with the claimant's Notice of Family Claim. If the respondent doesn't do this, the claimant may be able to apply for the orders asked for in the Notice of Family Claim as a ''default judgment'', a final order made in default of the respondent's reply (and possibly without further notice to the respondent). | The respondent has 30 days to file a Response to Family Claim after being served with the claimant's Notice of Family Claim. If the respondent doesn't do this, the claimant may be able to apply for the orders asked for in the Notice of Family Claim as a ''default judgment'', a final order made in default of the respondent's reply (and possibly without further notice to the respondent). | ||
You should be aware that | You should be aware that judges can be fairly lenient towards people who miss filing deadlines. A claimant should not expect to win on a technicality like this. If a respondent files their Response to Family Claim late, the court will usually give the respondent an extension of time and overlook the missed due date. However, if the respondent just ignores you and ignores your claim, at some point the court will make the order you're asking for. | ||
===The next steps=== | ===The next steps=== | ||
| Line 80: | Line 80: | ||
#After some initial scuffles, neither you nor the respondent will take any further steps in the court proceeding and the proceeding will languish. | #After some initial scuffles, neither you nor the respondent will take any further steps in the court proceeding and the proceeding will languish. | ||
For more information on the next steps in a family law proceeding, see [[Overview of Case Conferences and Discovery in Family Law Matters]] in this chapter. | For more information on the next steps in a family law proceeding when the Respondent has filed a Response to Family Claim, see [[Overview of Case Conferences and Discovery in Family Law Matters]] in this chapter. | ||
If the respondent does not file a Response to Family Claim, then the family law proceeding is characterized as "an undefended family law case" and Rule 10-10 applies. Under that rule, if the orders being sought are relatively straightforward, then the Claimant can apply for final orders by way of a desk order application, meaning that a requisition, supporting affidavit(s) outlining the Claimant's evidence, and a few other documents (listed in Rule 10-10(2)) are submitted to the registry and reviewed by a judge at his or her desk when the judge finds time to do so. If the orders being sought have any complexity to them, then Rule 10-10 also allows the case to be set for trial. | |||
==The Provincial Court== | ==The Provincial Court== | ||
| Line 185: | Line 187: | ||
{{REVIEWED | reviewer = [[Shannon Aldinger]], June 8, | {{REVIEWED | reviewer = [[Shannon Aldinger]], June 8, 2019}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||
