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==The Supreme Court==
==The Supreme Court==


The main document you will have to prepare is a Notice of Family Claim in form F3, a specical form prescribed by the Supreme Court Family Rules. (This document is one of the basic legal documents in a law suit collectively known as "pleadings".) The primary rules about Notices of Family Claim and the commencement of a law suit are:
The main document you will have to prepare is a ''Notice of Family Claim'' in Form F3, a special form prescribed by the Supreme Court Family Rules. (This document is one of the basic legal documents in a court proceeding known as "pleadings".) The primary rules about Notices of Family Claim and the commencement of a court proceeding are:


Rule 1-1: definitions
*Rule 1-1: definitions
Rule 3-1: commencing an action
*Rule 3-1: commencing an action
Rule 4-1: Notices of Family Claim and service requirements
*Rule 4-1: Notices of Family Claim and service requirements
Rule 4-3: replying to an action
*Rule 4-3: replying to an action
Rule 5-1: financial disclosure
*Rule 5-1: financial disclosure
Rule 6-3: personal service
*Rule 6-3: personal service
Rule 7-1: Judicial Case Conferences
*Rule 7-1: Judicial Case Conferences
Part 9: disclosure and discovery of documents
*Part 9: disclosure and discovery of documents
Part 10: chambers procedure
*Part 10: chambers procedure
Rule 11-4: discontinuing an action
*Rule 11-4: discontinuing an action
Part 13: expert witnesses
*Part 13: expert witnesses
Rule 11-3: summary trial procedure
*Rule 11-3: summary trial procedure
Rule 14-7: trial procedure
*Rule 14-7: trial procedure
A link to the Supreme Court Family Rules is provided in the section Resources & Links, and much more detailed information about the rules is available in New Rules 101.


Sample court forms and blank court forms for download are available in the Downloads segment below.
A link to the Supreme Court Family Rules is provided in the chapter _____. Sample court forms and blank court forms for download are available in ____.


===Notice of Family Claim===
===Notice of Family Claim===
The Notice of Family Claim sets out: the name and address for service of the person bringing the claim, the Claimant; the name and address of the person against whom the claim is made, the Respondent; the basic history of the parties' relationship; and, the bare essentials of the Claimant's claims.
 
The Notice of Family Claim sets out: the name and address for service of the person starting the court proceeding, the Claimant; the name and address of the person against whom the claim is made, the Respondent; the basic history of the parties' relationship; and, the bare essentials of the Claimant's claims.


The form which must be used is Form F3, set out in Appendix A of the Supreme Court Family Rules. This is a special form of claim used only in family law cases. Additional schedules, which require a lot more detailed information, must be added to the Notice of Family Claim when the Claimant seeks orders about:
The form which must be used is Form F3, set out in Appendix A of the Supreme Court Family Rules. This is a special form of claim used only in family law cases. Additional schedules, which require a lot more detailed information, must be added to the Notice of Family Claim when the Claimant seeks orders about:


divorce;
#divorce;
children, including child support;
#children, including child support;
spousal support;
#spousal support;
the division of property; and,
#the division of property; and,
other related matters, such as restraining orders.
#other orders, like restraining orders or orders for the change of a person's name.
The Notice of Family Claim must be filed in the court registry and be personally served on the Respondent. (The Respondent has thirty days from the date of service to file a Response to Family Claim.) If you are asking for a divorce order, you'll have to fill out Registration of Divorce Proceeding form when you file your Notice of Family Claim.
 
The Notice of Family Claim must be filed in the court registry and be personally served on the Respondent. (The Respondent has thirty days from the date of service to file a Response to Family Claim.) 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 Notice of Family Claim, or $210 if the claim includes a claim for a divorce.
It costs $200 to file Notice of Family Claim, or $210 if the claim includes a claim for a divorce.


The Divorce Act and Rule 6-3(2) of the 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 go without saying, do not use one of your children to effect service.
The ''Divorce Act'' and Rule 6-3(2) of the 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 go without saying, do not use one of your children to serve your ex.


===Default===
===Default===
If the Respondent fails to file and deliver his or her Response to Family Claim within 30 days, the Claimant may be able to obtain an order for the relief claimed in the Notice of Family Claim by way of a default judgment, using the desk order process described in the Marriage & Divorce > Divorce chapter. The idea here is that the Claimant can ask the court for a judgment in default of the Respondent's response by arguing that the Respondent either agrees with the Claimant's claim or has chosen not to oppose it since no Response to Family Claim.


You should be aware that in most cases the courts are fairly lenient towards litigants who miss filing deadlines. A Claimant should not expect to "win" on a technicality of this nature; if a Respondent files his or her Response to Family Claim late, the court will usually, depending on the circumstances, allow the Respondent an extension of time and overlook the missed due date.
If the Respondent fails to file and deliver his or her ''Response to Family Claim'' within 30 days, the Claimant may be able to apply for the orders asked for in the Notice of Family Claim by way of a default judgment, using the desk order process described in the _____ chapter.
 
You should be aware that in most cases the courts are fairly lenient towards people who miss filing deadlines. A Claimant should not expect to "win" on a technicality of this nature; if a Respondent files his or her Response to Family Claim late, the court will usually give the Respondent an extension of time and overlook the missed due date.


===The Next Steps===
===The Next Steps===
If the Respondent has chosen to file a Response to Family Claim, he or she has decided to oppose your claim. This doesn't mean that you're necessarily going to wind up in a trial, but it does mean that at least for now the Respondent disagrees with some or all of the relief you're seeking. One of three things are going to happen in your action:


you'll settle your disagreement out of court, and come up with either a separation agreement or an order that you both agree the court should make, called a consent order;
If the Respondent has chosen to file a Response to Family Claim, he or she has decided to oppose your claim. This doesn't mean that you're necessarily going to wind up in a trial, but it does mean that at least for now the Respondent disagrees with some or all of the relief you're seeking. One of three things is going to happen in your court proceeding:
you'll not be able to agree, and the intervention of the court at a trial will be required; or,
 
after some initial scuffles, neither you nor the Respondent will take any steps to further the litigation and the matter will languish.
#you'll settle your disagreement out of court, and come up with either a separation agreement or an order that you both agree the court should make;
#you'll not be able to agree, and the intervention of the court at a trial will be required; or,
#after some initial scuffles, neither you nor the Respondent will take any steps in the court proceeding and the proceeding will languish.
 
Whether you're off to trial or a settlement can be reached, the steps until trial are usually these:
Whether you're off to trial or a settlement can be reached, the steps until trial are usually these:


Exchange Financial Statements: Financial Statements are required whenever the division of property or the payment of support is at issue. Financial Statements must be exchanged before the first Judicial Case Conference, and updated statements will be required throughout the case and before trial.
<blockquote>'''Exchange Financial Statements.''' ''Financial Statements'' are required whenever the division of property or the payment of support is at issue. Financial Statements must be exchanged before the first Judicial Case Conference, and updated statements will be required throughout the case and before trial.</blockquote>
Have a Judicial Case Conference: A JCC is necessary before most interim applications can be brought. JCCs are informal, off-the-record meetings between the parties, their lawyers and a judge intended to canvas areas of agreement and disagreement, and set dates and deadlines for the remaining steps in the litigation. JCCs are discussed in more detail in the last part of this chapter.
 
Interim Applications: In almost all cases, parties need the court to decide certain issues on a temporary basis until the trial can be heard. Typically, people need a set of rules to guide them in their conduct towards each other and the children until the issues can be finally determined. The most common interim applications in family law cases involve financial and personal restraining orders, the care and control of the children, and the payment of child support and spousal support. The process for bringing interim applications is discussed in detail in the chapter The Legal System > Interim Applications.
<blockquote>'''Have a Judicial Case Conference.''' A JCC is necessary before most interim applications can be brought. JCCs are informal, off-the-record meetings between the parties, their lawyers and a judge intended to canvas areas of agreement and disagreement, and set dates and deadlines for the remaining steps in the litigation. JCCs are discussed in more detail in the last part of this chapter.</blockquote>
Document Disclosure and Production: The Rules require that each party produce to the other all documents in their possession that are relevant to the matters at issue in an action. This can include things like bank statements, report cards, medical records, school reports and so forth. Each party must list these documents in a formal List of Documents, and keep their Lists of Documents updated when new documents are found or become available.
 
Discovery: The parties may, if they wish, conduct a cross-examination of the other party under oath, outside of court. This is called an Examination for Discovery. Examinations for Discovery are helpful to get the other party's views of the evidence and the matters at issue on the record. Discoveries are almost always held after Financial Statements have been prepared and the documents have been exchanged.
<blockquote>'''Interim Applications.''' In almost all cases, parties need the court to decide certain issues on a temporary basis until the trial can be heard. Typically, people need a set of rules to guide them until the claims at issue in the court proceeding are finally determined. The most common interim applications in family law cases involve financial and personal restraining orders, the care and control of the children, and the payment of child support and spousal support. The process for bringing interim applications is discussed in detail in ______.</blockquote>
Have a Settlement Conference: The Rules allow a party to set a Settlement Conference before a judge ahead of trial. At this hearing, the parties will explain their positions to the court and their areas of disagreement and hopefully negotiate a settlement. These conferences can be very helpful, as the judge will often function as mediator and help the parties work towards setttlement. The judge may also express his or her opinion about the stengths and weaknesses of each party's position, which also encourages settlement.
 
Have a Trial Management Conference: A TMC is a formal hearing before a judge designed to fix the schedule of events at the trial and resolve as many disputes about evidence before trial as possible. Among other things, the judge will ask about the witnesses each party intends to call, the completeness of the disclosure made to date, expert's reports and expert witnesses, and anything else that can dealt with to help make sure the trial will go ahead and be completed within the time available. A TMC is generally not an opportunity to engage in settlement discussions.
<blockquote>'''Document Disclosure and Production.''' The rules of court require that each party produce to the other all documents in their possession that are relevant to the matters at issue in an action. This can include things like bank statements, report cards, medical records, school reports and so forth. Each party must list these documents in a formal ''List of Documents'', and keep their Lists of Documents updated when new documents are found or become available.</blockquote>
Trial: At the end of the day, if you can't agree you will wind up at trial. At the trial, each side will call their witnesses to give evidence, cross-examine the witnesses of the other party, and give their argument as to why the judge ought to decide the case in their favour. The judge will hear all the evidence and the arguments, and reach a decision in the form of Reasons for Judgment. The lawyers, or the court clerk in the absence of lawyers, will prepare a final order based on the Reasons for Judgment.
 
This is, of course, just a rough sketch of the lengthy process of bringing an action to a conclusion. Not every case will need to use all of these steps (some people may not need to have Examinations for Discovery and others won't see the point of holding a Settlement Conference, for example), and some steps may need to be repeated more than once. As well, the actual trial process is much, much more complex that my brief description.
<blockquote>'''Discovery.''' The parties may, if they wish, conduct a cross-examination of the other party under oath, outside of court. This is called an Examination for Discovery. Examinations for Discovery are helpful to get the other party's views of the evidence and the matters at issue on the record. Discoveries are almost always held after Financial Statements have been prepared and the documents have been exchanged.</blockquote>


===Financial Statements===
<blockquote>'''Have a Settlement Conference.''' The rules allow a party to schedule a Settlement Conference before a judge ahead of trial. At this hearing, the parties will explain their positions to the court and their areas of disagreement and hopefully negotiate a settlement. These conferences can be very helpful, as the judge serves as a mediator and helps the parties work towards a settlement. The judge may also express his or her opinion about the strengths and weaknesses of each party's position, which also encourages settlement.</blockquote>
If the case involves a claim for spousal support, child support or the division of assets, each party must prepare and file a Financial Statement. A Financial Statement sets out a person's income, expenses, assets and liabilities and is sworn on oath or affirmation, just like an Affidavit, by a lawyer, notary public or registry clerk.


Financial Statements are very important in family law cases. The portions about income are critical for determining child support and spousal support, and, unless there are appraisals or other documents that establish amount, the portions about assets and debts will sometimes be used to establish the value of an asset and the outstanding balance of a liability. As well, since Financial Statements are sworn statements, someone making a Financial Statment can find his or her credibility being challenged if the numbers don't make sense, if they are overblown or understated, if they omit critical information, or if they are outright fabrications.
<blockquote>'''Have a Trial Management Conference.''' A TMC is a formal hearing before a judge designed to fix the schedule of events at the trial and resolve as many disputes about evidence before trial as possible. Among other things, the judge will ask about the witnesses each party intends to call, the completeness of the disclosure made to date, expert's reports and expert witnesses, and anything else that can be dealt with to help make sure the trial will go ahead and be completed within the time available. A TMC is generally not an opportunity to engage in settlement discussions.</blockquote>


Each party must attach to their Financial Statements a number of important documents:
<blockquote>'''Trial.''' At the end of the day, if you can't agree you will wind up at trial. At the trial, each side will call their witnesses to give evidence, cross-examine the witnesses of the other party, and give their argument as to why the judge ought to decide the case in their favour. The judge will hear all the evidence and the arguments, and reach a decision in the form of ''Reasons for Judgment''. The lawyers, or the court clerk in the absence of lawyers, will prepare a final order based on the Reasons for Judgment.</blockquote>


the last three years' worth of tax returns (what's required are the complete T1 income tax and benefit returns, not tax return "summaries" or "informations");
This is, of course, just a rough sketch of the lengthy process of bringing an action to a conclusion. Not every case will need to use all of these steps (some people may not need to have Examinations for Discovery and others won't see the point of holding a Settlement Conference, for example), and some steps may need to be repeated more than once. As well, the actual trial process is much, much more complex that my brief description.
all Notices of Assessment and Reassessment received in connection with the last three tax years;
the party's most recent paystub, showing his or her earnings to date, or if the party isn't working, then his or her most recent WCB statement, social assistance statement or EI statement;
business and/or corporate records such as financial statements and corporate income tax returns, if the party has an incoporated or unincorporated business; and,
the most recent BC Assessments for all real property.
The form which must be used is Form F8, set out in Appendix A of the Supreme Court Family Rules.


===Judicial Case Conferences===
===Financial Statements===
Judicial Case Conferences are relatively informal, off-the-record, private meetings between the parties, their lawyers and a judge in a courtroom. JCCs must be held in all contested family law actions, and, in most cases, they must be held before any interim applications can be heard.


JCCs are discussed in more detail below.
If the case involves a claim for spousal support, child support or the division of assets, each party must prepare and file a ''Financial Statement''. A Financial Statement sets out a person's income, expenses, assets and liabilities and is sworn on oath or affirmation, just like an Affidavit, by a lawyer, notary public or registry clerk.


===Downloads===
Financial Statements are very important in family law cases. The portions about income are critical for determining child support and spousal support, and, unless there are appraisals or other documents that establish amount, the portions about assets and debts will sometimes be used to establish the value of an asset and the outstanding balance of a liability. As well, since Financial Statements are sworn statements, someone making a Financial Statement can find his or her credibility being challenged if the numbers don't make sense, if they are overblown or understated, if they omit critical information, or if they are outright fabrications.
In this segment you can download blank court forms in Word format, samples of completed forms in PDF format and technical papers about the Supreme Court Family Rules. Additional court form templates can be found in the Resources & Links section of this website.


1. Sample Documents
Each party must attach to their Financial Statements a number of important documents:
The links below will open sample court documents in a new window. You will require Adobe Acrobat Reader to view these files, a free program available for download from Adobe Software.


In this sample, our fictitious Claimant, Jane Doe, is suing her husband, John Doe, for a divorce, orders relating to the care and control of the children, orders for the payment of spousal and child support, orders relating to the division of property, a common financial restraining order, and a declaration that the parties are unable to reconcile. Areas where the court form offers a choice or where you must supply information are indicated in burgundy text.
#the last three years' worth of tax returns (what's required are the complete T1 income tax and benefit returns, not tax return "summaries" or "informations");
#all Notices of Assessment and Reassessment received in connection with the last three tax years;
#the party's most recent paystub, showing his or her earnings to date, or if the party isn't working, then his or her most recent WCB statement, social assistance statement or EI statement;
#business and/or corporate records such as financial statements and corporate income tax returns, if the party has an incorporated or unincorporated business; and,
#the most recent BC Assessments for all real property.


Also included is a sample of the form required when divorce proceedings are commenced, which notifies the central divorce registry in Ottawa, Ontario, of the commencement of the action for divorce.
The form which must be used is Form F8, set out in Appendix A of the Supreme Court Family Rules.


Form F3: Notice of Family Claim (PDF)
===Judicial Case Conferences===
Registration of Divorce Proceeding (PDF)
Form F8: Financial Statement (PDF)
Form F19: Notice of Judicial Case Conference (PDF)
These sample documents are just that: samples. While they represent a more or less accurate picture of how Jane Doe might fill out her forms, they may not be applicable to your situation. Use them as a reference only together with the official court form.


2. Court Forms
Judicial Case Conferences are relatively informal, off-the-record, private meetings between the parties, their lawyers and a judge in a courtroom. JCCs must be held in all contested family law actions, and, in most cases, they must be held before any interim applications can be heard.
Click the links below to open templates in Word format. Areas where you must supply information are indicated in green text.


Form F3: Notice of Family Claim (DOC)
JCCs are discussed in more in _____ .
Form F8: Financial Statement (DOC)
Form F19: Notice of Judicial Case Conference (DOC)


==The Provincial Court==
==The Provincial Court==
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