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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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This is 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.
This is 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.
===Financial Statements===
If a court proceeding involves a claim for spousal support, child support, the division of property or the division of debt, each party must prepare and file a ''Financial Statement'' in Form F8. 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 proceedings. The portions about income are critical for determining child support and spousal support, and, unless there are appraisals or other documents that establish value, the portions about assets and debts may be used to determine the value of an asset and the amount owing on a debt. 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.
Each party must attach to their Financial Statements a number of important documents:
#the last three years' worth of tax returns (what's required is the complete income tax and benefit return, not tax return "summaries" or "informations");
#all Notices of Assessment and Reassessment received for 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 records like financial statements and corporate income tax returns, if the party has a company; and,
#the most recent BC Assessments for all real property.
The form which must be used is Form F8, set out in the Supreme Court Family Rules.
===Judicial Case Conferences===
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 family law proceedings where the parties can't agree, and, in most cases, they must be held before any interim applications can be heard.
JCCs can be extraordinarily helpful in helping everyone understand the issues and the dispute. Cases sometimes settle at JCCs, and even if a complete settlement can't be reached, problems about time with the children and support can usually be resolved on a temporary basis. This is a lot less expensive than making an interim application!
JCCs are discussed in more in the <span style="color: red;">Case Conferences</span> page.


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


If you are being sued in the Provincial Court, you are the Respondent to the Applicant's appliction, (which I'll call an action to keep things simple). If you've been served with an Application to Obtain an Order or an Application to Change an Order, you have two choices: do nothing or defend yourself. If you agree with the relief sought, doing nothing is the cheapest and quickest way to handle the matter. On the other hand, if you only partly agree or if you completely disagree with the Applicant's claims you must reply to the Application to Obtain an Order or the Application to Change an Order, or you risk losing by default.
If you a court proceeding has been started against you in the Provincial Court, you are the ''Respondent'' in the proceeding. The person who started the court proceeding is the ''Applicant''. You have two choices after being served with Applicant's Application to Obtain an Order: do nothing or defend yourself. If you agree with the relief sought, doing nothing is the cheapest and quickest way to handle things. On the other hand, if you only partly agree or if you completely disagree with what the Applicant is asking for, you must prepare a ''Reply''.
 
The primary rules about Replies, defending a court proceeding and trials are:
 
*Rule 1: definitions
*Rule 3: Replies
*Rule 4: financial disclosure
*Rule 6: the first and subsequent appearances in court
*Rule 7: Family Case Conferences
*Rule 11: trial procedure
*Rule 12: interim applications
*Rule 14: consent orders
*Rule 18: orders
*Rule 18.1: guardianship orders
*Rule 21: Parenting After Separation program
 
Sample court forms and blank court forms for download are available in ____.
 
===Limitations of the Provincial Court===
 
The Provincial Court is designed for people who are not represented by a lawyer. There are no filing fees in this court, the forms are a lot easier to prepare, the rules of court are simpler, and the court registry will sometimes care of things like drafting court orders. The main disadvantage of proceeding in the Provincial Court is that the authority of the court is limited. The Provincial Court can only hear applications under the ''Family Law Act'' on certain subjects, including:
 
#guardianship
#parental responsibilities and parenting time;
#contact with a child;
#child support; and,
#spousal support.
 
The Provincial Court cannot hear claims under the federal ''Divorce Act''. It cannot hear claims under the ''Family Law Act'' for orders relating to the division of property and debt.
 
A link to the Provincial (Family) Court Rules is provided in the ____ section.


===Preparing, Filing and Delivering the Reply===
===Preparing, Filing and Delivering the Reply===
If you choose to defend yourself, you must complete and file a document called a "Reply" within 30 days of the date you were served with the application. There is no fee to file a Reply.
 
If you decide to defend yourself, you must complete and file your a Reply within 30 days of the date you were served with the Application to Obtain an Order. There is no fee to file a Reply.


In your Reply, you can do one or more of the following things:
In your Reply, you can do one or more of the following things:


consent to the relief claimed in the application, or consent to only some of the relief claimed by the Applicant;
#agree to some or all of the orders the Applicant is asking for;
object to all or some of the relief claimed in the application, providing you give reasons as to why you oppose the relief; and,
#object to some or all of the orders the Applicant is asking for; and,
apply for the orders you would like the court to make.
#apply for any orders you would like the court to make.
The form which must be used is Form 3, set out in the Provincial Court Family Court Manual. A link to the Provincial (Family) Court Rules of Court is provided in the section Resources & Links.
 
The form which must be used is Form 3, set out in the Provincial Court Family Rules. The Reply must be filed in the court registry and the court clerk will take care of delivering your Reply to the Applicant.


===The Next Steps===
===The Next Steps===
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