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Difference between revisions of "Responding to a Court Proceeding in a Family Matter"

From Clicklaw Wikibooks
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==The Supreme Court==
==The Supreme Court==


If you are being sued in the Supreme Court, you are the ''respondent'' in a court proceeding that has been started by the ''claimant''. If you disagree with any of the orders the claimant is asking for, you must prepare a ''Response to Family Claim''. You can also prepare a ''Counterclaim'' if there is an order you would like to ask for. These documents, together with the claimant's Notice of Family Claim, are called pleadings.
If you are being sued in the Supreme Court, you are the ''respondent'' in a court proceeding that has been started by the ''claimant''. If you disagree with any of the orders the claimant is asking for, you must prepare a Response to Family Claim. You can also prepare a Counterclaim if there is an order you would like to ask for. These documents, together with the claimant's Notice of Family Claim, are called pleadings.


The primary [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules] about Responses to Family Claim and Counterclaims, replying to a court proceeding and trials are:
The primary [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules] about Responses to Family Claim and Counterclaims, replying to a court proceeding and trials are:
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The following tips are located in the section ''Defending an Action'' in the ''How Do I?'' part of this resource:
The following tips are located in the section ''Defending an Action'' in the ''How Do I?'' part of this resource:


* '''Can't pay court fees''': If you can't 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?]]  
* '''Can't pay your court fees:''' If you can't afford to pay court fees, you can apply for indigent status. If you are granted indigent status the court fees for all or part of the proceeding will be waived. To find out more, see [[How Do I Apply for Indigent Status in the Supreme Court?]]  


* '''Changing something on the Response to Family Claim or Counterclaim''': To find out what happens when you want to change something, see [[How Do I Change Something in My Response to Family Claim or Counterclaim?]]  
* '''Need to change something in the Response to Family Claim or Counterclaim:''' To find out what happens when you need to change something, see [[How Do I Change Something in My Response to Family Claim or Counterclaim?]]  


* '''Stopping.''' You might want to stop defending your claim if, for example, you have reached a settlement. To find out how to do this, see [[How Do I Stop Defending a Family Law Action in the Supreme Court?]]
* '''Want the court action to stop:''' You might want to stop defending the claim or stop your counterclaim if, for example, you have reached a settlement. To find out how to do this, see [[How Do I Stop Defending a Family Law Action in the Supreme Court?]]


===Preparing, filing and serving your response===
===Preparing, filing and serving your response===