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Difference between revisions of "The Law for Family Matters"
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===The choice of forum=== | ===The choice of forum=== | ||
In family law matters, choosing the ''forum'' of a court proceeding means making the choice to proceed in either the Provincial Court or the Supreme Court. The Provincial Court has certain limits to its authority and, as a result has limits on the kinds of claims it can hear. The Supreme Court has the authority to deal with every almost legal issue within British Columbia. It also has something called "inherent jurisdiction" | In family law matters, choosing the ''forum'' of a court proceeding means making the choice to proceed in either the Provincial Court or the Supreme Court. The Provincial Court has certain limits to its authority and, as a result has limits on the kinds of claims it can hear. The Supreme Court has the authority to deal with every almost legal issue within British Columbia. It also has something called "inherent jurisdiction," meaning that the Supreme Court, unlike the Provincial Court, is not limited to the authority it is given by legislation. It is safe to say that, as far as family matters are concerned, the Supreme Court can deal with everything the Provincial Court can as well as everything it can't. | ||
The process of each court is guided by each court's set of rules. The [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/169_2009_00 Supreme Court Family Rules] offer a much wider variety of tools and remedies than the [http://canlii.ca/t/85pb Provincial Court Family Rules], particularly in terms of the information and documents each side can make the other produce in the course of a proceeding. For example, the Supreme Court rules allow a party to make the | The process of each court is guided by each court's set of rules. The [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/169_2009_00 Supreme Court Family Rules] offer a much wider variety of tools and remedies than the [http://canlii.ca/t/85pb Provincial Court Family Rules], particularly in terms of the information and documents each side can make the other produce in the course of a proceeding. For example, the Supreme Court rules allow a party to make the other party submit to an examination for discovery, or make a company or third party produce records. These disclosure mechanisms are not available in the Provincial Court. | ||
You may want to think about the relative complexity of the two courts' sets of rules, particularly if you plan to represent yourself and not hire a lawyer. The Provincial Court's rules are written in plain language and are fairly straightforward. The Supreme Court Family Rules are much more complicated and aren't written in the most easy to understand language. | You may want to think about the relative complexity of the two courts' sets of rules, particularly if you plan to represent yourself and not hire a lawyer. The Provincial Court's rules are written in plain language and are fairly straightforward. The Supreme Court Family Rules are much more complicated and aren't written in the most easy to understand language. | ||
