Clicklaw Wikibooks:Books/JP Boyd on Family Law

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JP Boyd on Family Law

Inside Content

Getting Started

[Introduction to JP Boyd on Family Law| Introduction to JP Boyd on Family Law]

[Introduction to Family Law in British Columbia| Introduction to Family Law in British Columbia]

[The Legislation on Family Law| The Legislation on Family Law]

[Divorce Act Basics| Divorce Act Basics]

[Family Law Act Basics| Family Law Act Basics]

Understanding the Legal System

[Understanding the Legal System for Family Law Matters| Understanding the Legal System for Family Law Matters]

[The Court System for Family Matters| The Court System for Family Matters]

[The Law for Family Matters| The Law for Family Matters]

[You and Your Lawyer| You and Your Lawyer]

[Access to Family Justice| Access to Family Justice]

Family Relationships

[Family Relationships| Family Relationships]

[Married Spouses and the Law on Marriage| Married Spouses and the Law on Marriage]

[Unmarried Spouses| Unmarried Spouses]

[Parents| Parents]

[Polyamorous Relationships| Polyamorous Relationships]

[Grandparents and Extended Family Members| Grandparents and Extended Family Members]

[Adopting Children| Adopting Children]

[Having Children with Assisted Reproduction| Having Children with Assisted Reproduction]

Separation & Divorce

[Separating and Getting Divorced| Separating and Getting Divorced]

[Separating Emotionally| Separating Emotionally]

[Behaviour, Boundaries and Privacy after Separation| Behaviour, Boundaries and Privacy after Separation]

[Separation and the Law| Separation and the Law]

[Divorce and the Law on Getting Divorced| Divorce and the Law on Getting Divorced]

Resolving Problems out of Court

[Resolving Family Law Problems out of Court| Resolving Family Law Problems out of Court]

[Collaborative Negotiation| Collaborative Negotiation]

[Family Law Mediation| Family Law Mediation]

[Family Law Arbitration| Family Law Arbitration]

[Parenting Coordination| Parenting Coordination]

Going to Court

[Resolving Family Law Problems in Court| Resolving Family Law Problems in Court]

[The Court System for Family Matters| The Court System for Family Matters]

Litigation in Supreme Court

[Family Law Litigation in Supreme Court| Family Law Litigation in Supreme Court]

Starting and Responding to Proceedings

Disclosure and Discovery

Court Conferences

Interim Applications

Supreme Court Trials

Changing Orders

Enforcing Orders

Litigation in Provincial Court

Litigation in Provincial Court

Starting and Responding to Proceedings

Disclosure

Court Conferences

Interim Applications

Provincial Court Trials

Changing Orders

Enforcing Orders

Family Law Agreements

[Family Law Agreements| Family Law Agreements]

[Cohabitation and Living Together Agreements| Cohabitation and Living Together Agreements]

[Marriage Agreements| Marriage Agreements]

[Agreements after Separation| Agreements after Separation]

[Changing Family Law Agreements| Changing Family Law Agreements]

[Enforcing Family Law Agreements| Enforcing Family Law Agreements]

Children & Parenting

[Children and Parenting after Separation| Children and Parenting after Separation]

[The Rights of Children and Youth in Family Law Matters| The Rights of Children and Youth in Family Law Matters]

[Parenting Apart| Parenting Apart]

[Basic Principles of Parenting after Separation| Basic Principles of Parenting after Separation]

[Moving Away after Separation| Moving Away after Separation]

[Children Who Resist Seeing a Parent| Children Who Resist Seeing a Parent]

[Changing Family Law Orders, Awards and Agreements Involving Children| Changing Family Law Orders, Awards and Agreements Involving Children]

[Enforcing Orders, Awards and Agreements Involving Children| Enforcing Orders, Awards and Agreements Involving Children]

Child Support

[Child Support| Child Support]

[Child Support Guidelines| Child Support Guidelines]

[Exceptions to the Child Support Guidelines| Exceptions to the Child Support Guidelines]

[Changing Family Law Orders, Awards and Agreements Involving Child Support| Changing Family Law Orders, Awards and Agreements Involving Child Support]

[Child Support Arrears| Child Support Arrears]

Spousal Support

[Spousal Support| Spousal Support]

[The Spousal Support Advisory Guidelines| The Spousal Support Advisory Guidelines]

[Changing Family Law Orders, Awards and Agreements Involving Spousal Support| Changing Family Law Orders, Awards and Agreements Involving Spousal Support]

[Spousal Support Arrears| Spousal Support Arrears]

Property & Debt

[Property and Debt in Family Law Matters| Property and Debt in Family Law Matters]

[Basic Principles of Property and Debt in Family Law| Basic Principles of Property and Debt in Family Law]

[Protecting Property and Debt in Family Law Matters| Protecting Property and Debt in Family Law Matters]

[Dividing Property and Debt in Family Law Matters| Dividing Property and Debt in Family Law Matters]

Family Violence

[Family Violence Overview| Family Violence Overview]

[Family Violence in the Family Law Act and the Divorce Act| Family Violence in the Family Law Act and the Divorce Act]

[Family Violence and the Criminal Code| Family Violence and the Criminal Code]

[Civil Claims and Family Violence| Civil Claims and Family Violence]

[Family Violence and Child Protection| Family Violence and Child Protection]

Definition of Common Legal Terms

[Terminology| Terminology]

Helpful Guides & Common Questions

[How Do I Get Married in British Columbia?| How Do I Get Married in British Columbia?]

[How Do I Prepare for Separation?| How Do I Prepare for Separation?]

[How Do I Separate from My Spouse?| How Do I Separate from My Spouse?]

[How Do I Find Out if I'm Divorced?| How Do I Find Out if I'm Divorced?]

[How Do I Get Divorced?| How Do I Get Divorced?]

[How Do I Get my Certificate of Divorce?| How Do I Get my Certificate of Divorce?]

[How Do I Get Out of Paying Child Support?| How Do I Get Out of Paying Child Support?]

[How Do I Get Out of Paying Spousal Support?| How Do I Get Out of Paying Spousal Support?]

[How Do I Get Out of Sharing My Assets?| How Do I Get Out of Sharing My Assets?]

[How Do I Start Negotiations with My Spouse?| How Do I Start Negotiations with My Spouse?]

[How Do I Start Mediation with My Spouse?| How Do I Start Mediation with My Spouse?]

[How Do I Start a Collaborative Process with My Spouse?| How Do I Start a Collaborative Process with My Spouse?]

[How Do I Start Arbitration with My Spouse?| How Do I Start Arbitration with My Spouse?]

[How Do I Hire a Parenting Coordinator?| How Do I Hire a Parenting Coordinator?]

[How Do I Execute a Family Law Agreement?| How Do I Execute a Family Law Agreement?]

[How Do I Change a Family Law Agreement?| How Do I Change a Family Law Agreement?]

[How Do I File an Agreement in Court?| How Do I File an Agreement in Court?]

[How Do I Find My Ex?| How Do I Find My Ex?]

[How Do I Start a Family Law Action in the Provincial Court?| How Do I Start a Family Law Action in the Provincial Court?]

[How Do I Start a Family Law Action in the Supreme Court?| How Do I Start a Family Law Action in the Supreme Court?]

[How Do I Waive Filing Fees in the Supreme Court?| How Do I Waive Filing Fees in the Supreme Court?]

[How Do I Personally Serve Someone with Legal Documents?| How Do I Personally Serve Someone with Legal Documents?]

[How Do I Substitutionally Serve Someone with Legal Documents?| How Do I Substitutionally Serve Someone with Legal Documents?]

[How Do I Change Something in My Notice of Family Claim?| How Do I Change Something in My Notice of Family Claim?]

[How Do I Stop a Family Law Action in the Supreme Court?| How Do I Stop a Family Law Action in the Supreme Court?]

[How Do I Respond to a Family Law Action in the Provincial Court?| How Do I Respond to a Family Law Action in the Provincial Court?]

[How Do I Respond to a Family Law Action in the Supreme Court?| How Do I Respond to a Family Law Action in the Supreme Court?]

[How Do I Waive Filing Fees in the Supreme Court?| How Do I Waive Filing Fees in the Supreme Court?]

[How Do I Change Something in My Response to Family Claim or Counterclaim?| How Do I Change Something in My Response to Family Claim or Counterclaim?]

[How Do I Stop Defending a Family Law Action in the Supreme Court?| How Do I Stop Defending a Family Law Action in the Supreme Court?]

[How Do I Make a Priority Parenting Matter Application in the Provincial Court?| How Do I Make a Priority Parenting Matter Application in the Provincial Court?]

[How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?| How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?]

[How Do I Reply to a Priority Parenting Matter Application in the Provincial Court?| How Do I Reply to a Priority Parenting Matter Application in the Provincial Court?]

[How Do I Reply to an Interim Application in a Family Law Matter in the Supreme Court?| How Do I Reply to an Interim Application in a Family Law Matter in the Supreme Court?]

[How Do I Prepare an Affidavit?| How Do I Prepare an Affidavit?]

[How Do I Prepare a Supplemental Affidavit?| How Do I Prepare a Supplemental Affidavit?]

[How Do I Fix an Error in an Affidavit or Add to an Affidavit?| How Do I Fix an Error in an Affidavit or Add to an Affidavit?]

[How Do I Address the Judge?| How Do I Address the Judge?]

[How Do I Address the Lawyer When I'm Representing Myself?| How Do I Address the Lawyer When I'm Representing Myself?]

[How Do I Conduct Myself in Court at an Application?| How Do I Conduct Myself in Court at an Application?]

[How Do I Appeal a Provincial Court Decision?| How Do I Appeal a Provincial Court Decision?]

[How Do I Appeal an Interim Supreme Court Decision?| How Do I Appeal an Interim Supreme Court Decision?]

[How Do I Appeal a Final Supreme Court Decision?| How Do I Appeal a Final Supreme Court Decision?]

[How Do I Appeal a Court of Appeal Decision?| How Do I Appeal a Court of Appeal Decision?]

[How Do I Schedule a Family Management Conference for Hearing?| How Do I Schedule a Family Management Conference for Hearing?]

[How Do I Schedule a Judicial Case Conference for Hearing?| How Do I Schedule a Judicial Case Conference for Hearing?]

[How Do I Get a Needs of the Child Assessment?| How Do I Get a Needs of the Child Assessment?]

[How Do I Get a Child's Views in a Report for the Court?| How Do I Get a Child's Views in a Report for the Court?]

[How Do I Find an Order or Another Court Document?| How Do I Find an Order or Another Court Document?]

[How Do I Fix an Error in an Order?| How Do I Fix an Error in an Order?]

[How Do I Tell Everyone That I'm Representing Myself?| How Do I Tell Everyone That I'm Representing Myself?]

[How Do I Change My Address for Service?| How Do I Change My Address for Service?]

[How Do I Prepare for My First Meeting with a Lawyer?| How Do I Prepare for My First Meeting with a Lawyer?]

[How Do I Become a Lawyer?| How Do I Become a Lawyer?]

[How Do I Divide Our CPP Pensions after We're Divorced?| How Do I Divide Our CPP Pensions after We're Divorced?]

[How Do I Change My Name after Marriage or Divorce?| How Do I Change My Name after Marriage or Divorce?]

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

A regulation to the federal Divorce Act, adopted by every province and territory except Quebec, that sets the amount of child support a parent or guardian must pay, usually based on the person's income and the number of children involved, and presents these amounts in tables for easy reference. See "table amount."

An academic paper released by the Department of Justice that describes a variety of mathematical formulas that can be applied to determine how much spousal support should be paid and how long spousal support should be paid for, once a spouse is found to be entitled to receive support. The Advisory Guidelines are not a law, but are nonetheless very useful.

A legal document required by the Supreme Court Family Rules to begin a court proceeding, setting out the relief claimed by the claimant and the grounds on which that relief is claimed. See "action," "claim," "claimant," "pleadings" and "relief."

A legal document required by the Supreme Court Family Rules in which the respondent to a court proceeding sets out their reply to the claimant's claim and the grounds for their reply. See "action," claim," "Notice of Family Claim" and "pleadings."

A legal document required by the Provincial Court Family Rules to respond to a claim made in an applicant's Application to Obtain an Order. See "applicant," "Application to Obtain an Order," "claim" and "Counterclaim."

The highest level of court in the province, having the jurisdiction to review decisions of the Supreme Court, all provincial lower courts, and certain tribunals. See "appeal."