Difference between revisions of "How Do I Stop Defending a Family Law Action in the Supreme Court?"

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A respondent may want to end his or her defence to a court proceeding. Where the respondent has filed a Counterclaim, the respondent's own claim against the claimant, the respondent may want to stop that claim as well. This often happens where a settlement has been reached.
If you are a respondent, you may want to end your defence to a court proceeding. If you have filed a Counterclaim, you may want to stop that claim as well.  


To stop defending a court proceeding, a respondent must file a Notice of Withdrawal in Form F40, and deliver a copy of the filed form to everyone else named in the action. This <span class="noglossary">will</span> allow the claimant to proceed as if no Response to Family Claim had ever been filed, and possibly apply for a default judgment.
This often happens where a settlement has been reached.


To stop a claim against a claimant and completely abandon an action, a respondent must file a Notice of Discontinuance in Form F39, and deliver a copy of the filed form to everyone else named in the action.
To stop defending a court proceeding, you must file a Notice of Withdrawal in Form F40, and deliver a copy of the filed form to everyone else named in the action. This <span class="noglossary">will</span> allow the claimant to proceed as if no Response to Family Claim had ever been filed, and possibly apply for a default judgment.


While there is no fee charged to file a Notice of Discontinuance or Notice of Withdrawal, Rule 11-4(4) says that the claimant may be entitled to claim his or her court costs of the action up to the date of withdrawal or discontinuance.
To stop a claim against a claimant and completely abandon an action, you must file a Notice of Discontinuance in Form F39, and deliver a copy of the filed form to everyone else named in the action.


{{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}}
The forms are available online. See the [[Supreme Court Forms (Family Law)|Supreme Court Forms]] section.
 
While there is no fee charged to file a Notice of Discontinuance or Notice of Withdrawal, Rule 11-4(4) says that the claimant may be entitled to claim their court costs of the action up to the date of withdrawal or discontinuance.
 
==For more information==
 
You can find more information about Supreme Court procedure in the chapter [[Resolving Family Law Problems in Court]] within the section [[Replying to a Court Proceeding in a Family Matter]].
 
 
{{REVIEWED | reviewer = [[Megan Ellis | Megan Ellis, QC]], June 10, 2019}}


{{JP Boyd on Family Law Navbox|type=how}}
{{JP Boyd on Family Law Navbox|type=how}}


{{Creative Commons
{{Creative Commons for JP Boyd}}
|title = JP Boyd on Family Law
|author = [[JP Boyd|John-Paul Boyd]] and Courthouse Libraries BC
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[[Category:How Do I?]]
[[Category:How Do I?|S]]
[[Category:Defending a Family Law Action]]
[[Category:Defending a Family Law Action]]
[[Category:JP Boyd on Family Law]]

Revision as of 19:44, 18 June 2019

If you are a respondent, you may want to end your defence to a court proceeding. If you have filed a Counterclaim, you may want to stop that claim as well.

This often happens where a settlement has been reached.

To stop defending a court proceeding, you must file a Notice of Withdrawal in Form F40, and deliver a copy of the filed form to everyone else named in the action. This will allow the claimant to proceed as if no Response to Family Claim had ever been filed, and possibly apply for a default judgment.

To stop a claim against a claimant and completely abandon an action, you must file a Notice of Discontinuance in Form F39, and deliver a copy of the filed form to everyone else named in the action.

The forms are available online. See the Supreme Court Forms section.

While there is no fee charged to file a Notice of Discontinuance or Notice of Withdrawal, Rule 11-4(4) says that the claimant may be entitled to claim their court costs of the action up to the date of withdrawal or discontinuance.

For more information[edit]

You can find more information about Supreme Court procedure in the chapter Resolving Family Law Problems in Court within the section Replying to a Court Proceeding in a Family Matter.


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Megan Ellis, QC, June 10, 2019.


Creativecommonssmall.png JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.