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Difference between revisions of "Responding to a Court Proceeding in a Family Matter"
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Responding to a Court Proceeding in a Family Matter (view source)
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{{JP Boyd on Family Law TOC|expanded = incourt}} | {{JP Boyd on Family Law TOC|expanded = incourt}} | ||
If a court proceeding has been started against you, you have two choices: do nothing or defend yourself. If you agree with the orders the other party is asking for, doing nothing is the cheapest and quickest way to handle the matter. On the other hand, if you only partly agree or completely disagree you must reply to the claim or you risk losing by default. | If a court proceeding has been started against you, you have two choices: do nothing, or defend yourself. If you agree with the orders the other party is asking for, doing nothing is the cheapest and quickest way to handle the matter. On the other hand, if you only partly agree or completely disagree you must reply to the claim or you risk losing by default. | ||
This | This section discusses the process for replying to a court proceeding in the Supreme Court and the Provincial Court. For a more complete picture of the court process, this section should be read together with the section [[Starting a Court Proceeding in a Family Matter|Starting a Court Proceeding]]. | ||
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*Rule 15-2.1: guardianship orders | *Rule 15-2.1: guardianship orders | ||
Sample court forms and blank court forms are listed and linked to in | Sample court forms and blank court forms are listed and linked to in [[Sample Supreme Court Forms (Family Law)]]. | ||
===Preparing, filing and serving the Response to Family Claim=== | ===Preparing, filing and serving the Response to Family Claim=== | ||
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You must file your Response to Family Claim at the court registry within 30 days of being served with the claimant's Notice of Family Claim. | You must file your Response to Family Claim at the court registry within 30 days of being served with the claimant's Notice of Family Claim. | ||
The Notice of Family Claim sets out the basic history of the parties' relationship and an outline of the orders the claimant would like the court to make. Your Response to Family Claim says which of the claimant's claims you agree with and which you oppose and which of the facts set out in the Notice of Family Claim are inaccurate. | The Notice of Family Claim sets out the basic history of the parties' relationship and an outline of the orders the claimant would like the court to make. Your Response to Family Claim says which of the claimant's claims you agree with and which you oppose, and which of the facts set out in the Notice of Family Claim are inaccurate. | ||
The form | The form you must use is Form F4, set out in the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules]. This is a special form of response used only in family law cases. | ||
The Response to Family Claim must be filed in the court registry and be served on the claimant by ordinary service. It costs $25 to file a Response to Family Claim. Ordinary service means sending a copy of the filed response to the claimant at any of the addresses for service identified in the Notice of Family Claim. | The Response to Family Claim must be filed in the court registry and be served on the claimant by ordinary service. It costs $25 to file a Response to Family Claim. Ordinary service means sending a copy of the filed response to the claimant at any of the addresses for service identified in the Notice of Family Claim. | ||
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If there are any orders you would like to ask for, you may file a Counterclaim at the court registry within 30 days of being served with the claimant's Notice of Family Claim. Your Counterclaim describes the orders you would like the court to make. | If there are any orders you would like to ask for, you may file a Counterclaim at the court registry within 30 days of being served with the claimant's Notice of Family Claim. Your Counterclaim describes the orders you would like the court to make. | ||
It can be very important to file a Counterclaim if you want the court to make an order on different terms or about a different issue than the claims made in the Notice of Family Claim. Think of it like this. Your Response to Family Claim is your defence to the claims made the claimant in his or her Notice of Family Claim. Your Response to Family Claim doesn't ask for anything | It can be very important to file a Counterclaim if you want the court to make an order on different terms or about a different issue than the claims made in the Notice of Family Claim. Think of it like this. Your Response to Family Claim is your defence to the claims made by the claimant in his or her Notice of Family Claim. Your Response to Family Claim doesn't ask for anything; it just says what you do and don't agree with. Unless a Counterclaim is filed, the only person asking for any orders is the claimant. If you are successful in your defence, there may be no claims left for the court to make an order about. | ||
The form | The form you must use is Form F5, set out in the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules]. This is a special form of counterclaim used in family law cases. Additional pages that require more detailed information must be added to the Counterclaim when the respondent seeks orders about: | ||
*divorce, | *divorce, | ||
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The Counterclaim must be filed in the court registry and be served on the claimant by ordinary service. It costs $200.00 to file a Counterclaim. | The Counterclaim must be filed in the court registry and be served on the claimant by ordinary service. It costs $200.00 to file a Counterclaim. | ||
===Deadline for | ===Deadline for reply=== | ||
The claimant has 30 days to file a ''Response to Counterclaim'' in Form F6 after being served with the respondent's Counterclaim. Very few people bother to file a Response to Counterclaim. Many would only go to the trouble of preparing a response if there was something unusual or unexpected in the Counterclaim. | The claimant has 30 days to file a ''Response to Counterclaim'' in Form F6 after being served with the respondent's Counterclaim. Very few people bother to file a Response to Counterclaim. Many would only go to the trouble of preparing a response if there was something unusual or unexpected in the Counterclaim. | ||
