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

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What is an interim application?[edit]

Read the page How Do I Make an Interim Application in a Family Law Matter in the Supreme Court? for a description about what interim applications are, and how they are used in BC Supreme Court.

Notice of the application[edit]

You will be entitled to notice of almost every application the other side, the applicant, intends to bring to court. The most common exceptions to this general rule are when:

  • the applicant makes an application without notice to you when the application is urgent (called an ex parte or without notice application),
  • the applicant is applying for permission to compress the usual timelines for the hearing of their application (called a short leave application),
  • the applicant is asking to be exempted from the requirement that a judicial case conference be held before the first interim application, or
  • you are the respondent and you haven't filed your defence to the applicant's Notice of Family Claim.

Assuming the applicant is required to give you notice, however, the applicant will send you a copy of their Notice of Application in Form F31 and any new affidavits they intend to rely on at the hearing. These documents are supposed to be sent to your address for service, which may include your fax number for service (if you've given one) or your official email address for service. (As of September 1, 2023 you are expected to list an email address for service).

For most applications, the applicant will provide their Notice of application and new affidavits at least eight business days before the date of the hearing.

The Notice of Application will tell you:

  • the orders that the applicant will be asking the court to make,
  • the facts the applicant says support the application,
  • a summary of the applicant's argument in favour of the application,
  • the rules, acts, or regulations the applicant will be relying on, and
  • the affidavits the applicant will be using to argue the application.

The affidavit ought to tell you why the applicant wants the court to make the orders they are asking for and state the facts that support the making of those orders.

Replying to the application[edit]

In most cases, to reply to an application you will prepare and file an Application Response in Form F32 and at least one new affidavit in Form F30. The forms are online. See Legal Aid BC's Family Law website's online list of forms.

Your Application Response tells the applicant and the court:

  • the orders that you agree to the court making,
  • the orders that you intend to oppose,
  • the orders that you might agree to if certain conditions are met,
  • your understanding of the facts that relate to the application,
  • a summary of your argument against the application,
  • the rules, acts or regulations you'll be relying on, and
  • the affidavits that you will be relying on at the hearing of the application.

You should do two things in any new affidavit you prepare in replying to an application:

  1. you should respond to any important statements in the applicant's affidavit that you disagree with or think are inaccurate, and
  2. you should tell the court about the facts that support your position on the application.

You must send two copies of your filed materials to the applicant within five business days from the time you were served with the application materials.

When you are preparing your application response, please remember that this form does not allow you to ask the court to make orders that you might want. If you want to seek your own orders about some of the same issues raised by the applicant in their Form F31 Notice of Application, you need to file your own Form 31 Notice of Application, set to be heard at the same time as the other side's application. This is commonly known as a cross-application”. For example, if one party asks for an order for parenting arrangements, you might file your own Form F31 Notice of Application asking for different parenting orders that you believe are appropriate.

The applicant's reply[edit]

The applicant may decide to prepare a new affidavit to reply to something you've said in your affidavit. The applicant must give you a copy of any new affidavits by 4:00pm on the business day that is one full business day before the hearing.

You do not have an automatic right to serve an affidavit of your own in reply to this new affidavit. You can prepare another affidavit if you want, but be prepared for the judge or associate judge hearing the application to refuse to admit your affidavit.

Application records[edit]

The application record is a three-ring binder that contains all of the application materials, with an index and separated by tabs, that is assembled by the applicant. The application record is prepared for the benefit of the judge or associate judge hearing the application.

The applicant will give you the index to the application record by 4:00pm on the business day that is one full business day before the hearing. But you need to assemble your own application record using the applicant's index. Doing this will ensure that you, the applicant, and the judge are all on the same page (literally) when you're referring to the materials that are organized in the application record.

The rules[edit]

The following Supreme Court Family Rules are of particular relevance:

  • Rule 6-2: How to serve documents by ordinary service
  • Rule 7-1: The JCC rules
  • Rule 10-4: The rule about affidavits
  • Rule 10-5: Directions for bringing interim applications
  • Rule 10-6: The usual application procedure

For more information[edit]

You can find helpful information from the Legal Aid BC's Family Law website's guide on "What Happens in a Supreme Court Chambers Hearing?" and Justice Education Society's Online Help Guide for Supreme Court Family Law Chambers Applications.

The Canadian Judicial Council has also created a series of guides for self-represented litigants, including a Family Law Handbook with significant detail about family law matters in Canadian courts.

The BC Supreme Court website also has an information page for self-represented litigants, and a Chambers Application Package that is helpful.


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Mark Norton and Stephanie Pesth, September 14, 2023.


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