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Difference between revisions of "Starting a Court Proceeding in a Family Matter"
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Starting a Court Proceeding in a Family Matter (view source)
Revision as of 00:50, 28 April 2013
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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. | 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. | ||
If you won't be able to pay the court fees because you are flat broke, you can apply for indigent status. If you are granted indigent status the court fees will be waived. To find out more, see [[How Do I Apply for Indigent Status in the Supreme Court?]] It's located in the section ''Starting an Action'' in the ''How Do I?'' part of this resource. | |||
Personal service means physically handing the Notice of Family Claim to the respondent. The ''[[Divorce Act]]'' and Rule 6-3(2) of the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html 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 to 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 [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html 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 to go without saying, don't use one of your children to serve your ex. | ||
For a quick summary of what's involved in personal service, see [[How Do I Personally Serve Someone with Legal documents?]] It's located in the section Starting an Action in the ''How Do I?'' part of this resource | |||
If you're not sure where you ex lives, see [[How Do I Find My Ex?]] It's located in the section ''Marriage, Separation & Divorce'' in the ''How Do I?'' part of this resource. | If you're not sure where you ex lives, see [[How Do I Find My Ex?]] It's located in the section ''Marriage, Separation & Divorce'' in the ''How Do I?'' part of this resource. | ||
===Deadline for reply=== | ===Deadline for reply=== | ||
