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Difference between revisions of "Court Procedures in Family Law (3:XV)"
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Court Procedures in Family Law (3:XV) (view source)
Revision as of 05:52, 24 August 2023
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= July 12, 2023}} | ||
{{LSLAP Manual TOC|expanded = family}} | {{LSLAP Manual TOC|expanded = family}} | ||
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===== Divorce Act ===== | ===== Divorce Act ===== | ||
The ''Divorce Act'' does not apply to common -law spouses. | The ''Divorce Act'' does not apply to common-law spouses. | ||
===== Family Law Act ===== | ===== Family Law Act ===== | ||
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* Screen for family violence situations and direct parties to the appropriate services. | * Screen for family violence situations and direct parties to the appropriate services. | ||
The client can choose to avoid the counselling service and appear in court directly. The counsellor | The client can choose to avoid the counselling service and appear in court directly. The counsellor to whom the client has been assigned will still offer assistance with the application forms, etc. The Family Justice Counsellors can through Family Justice Centres and Justice Access Centres. Please refer to Section II Part C: Resources by Telephone to find the phone number of your nearest Centre. | ||
Family Justice Counsellors deal exclusively with issues of children and support. In limited circumstances, and for clients with assets or debt less than $25,000, a Family Justice Counsellor can mediate an agreement. | Family Justice Counsellors deal exclusively with issues of children and support. In limited circumstances, and for clients with assets or debt less than $25,000, a Family Justice Counsellor can mediate an agreement. | ||
=== 4. Provincial (Family) Court Proceedings === | === 4. Provincial (Family) Court Proceedings === | ||
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==== o) Compliance with Provincial Court Family Rules ==== | ==== o) Compliance with Provincial Court Family Rules ==== | ||
If any of the | If any of the Provincial Court Family Rules (British Columbia) are not complied with, the judge may disregard the incorrect procedure or order, order the hearing or trial to continue as if the respondent were absent, or give any direction they think is fair. Please check the Cumulative B.C. Regulations Bulletin 2023 (https://www.bclaws.gov.bc.ca/civix/document/id/regulationbulletin/regulationbulletin/2023cumulati)for any non-consolidated amendments to this regulation that may be in effect. The Provincial Court Family Rules replaced the Provincial Court (Family) rules in May 2021; please review the rules to ensure that you are following the updated version. | ||
{{LSLAP Manual Navbox|type=chapters1-7}} | {{LSLAP Manual Navbox|type=chapters1-7}} | ||
