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

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Only the claimant to a Supreme Court proceeding can stop the court proceeding without the proceeding going to trial or being settled. No one can stop a court proceeding for the claimant or force the claimant to stop a proceeding.
Only the claimant to a Supreme Court proceeding can stop the court proceeding without the proceeding going to trial or being settled.  


While it often happens that a proceeding is abandoned, typically when no one does anything in the action for a long time, that doesn't stop the court proceeding altogether or cancel any orders that have already been made. To bring everything to a halt, the claimant must file a Notice of Discontinuance in Form F39, and deliver a copy of the filed notice to everyone else named in the proceeding. If the claimant does this too late, after a court proceeding has already been set for trial, the claimant can only stop everything with the consent of the other parties or a court order.
No one can stop a court proceeding for the claimant or force the claimant to stop a proceeding.


While there is no fee charged to file a Notice of Discontinuance, Rule 11-4(4) says that the respondent may be entitled to claim his or her court costs of the proceeding up to the date it is discontinued.
While it often happens that a proceeding is abandoned, typically when no one does anything in the action for a long time, that doesn't stop the court proceeding altogether or cancel any orders that have already been made.
 
To bring everything to a halt, the claimant must file a Notice of Discontinuance in Form F39, and deliver a copy of the filed notice to everyone else named in the proceeding. If the claimant does this too late, after a court proceeding has already been set for trial, the claimant can only stop everything with the consent of the other parties or a court order.
 
While there is no fee charged to file a Notice of Discontinuance, Rule 11-4(4) says that the respondent may be entitled to claim their court costs of the proceeding up to the date it is discontinued.
 
==More information==
 
You can find more information about Supreme Court procedure in the chapter [[Resolving Family Law Problems in Court]] within the section [[Starting a Court Proceeding in a Family Matter]].
 
 
{{REVIEWED | reviewer = [[Megan Ellis| Megan Ellis, QC]], June 10, 2019}}


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Revision as of 19:24, 18 June 2019

Only the claimant to a Supreme Court proceeding can stop the court proceeding without the proceeding going to trial or being settled.

No one can stop a court proceeding for the claimant or force the claimant to stop a proceeding.

While it often happens that a proceeding is abandoned, typically when no one does anything in the action for a long time, that doesn't stop the court proceeding altogether or cancel any orders that have already been made.

To bring everything to a halt, the claimant must file a Notice of Discontinuance in Form F39, and deliver a copy of the filed notice to everyone else named in the proceeding. If the claimant does this too late, after a court proceeding has already been set for trial, the claimant can only stop everything with the consent of the other parties or a court order.

While there is no fee charged to file a Notice of Discontinuance, Rule 11-4(4) says that the respondent may be entitled to claim their court costs of the proceeding up to the date it is discontinued.

More information[edit]

You can find more information about Supreme Court procedure in the chapter Resolving Family Law Problems in Court within the section Starting 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.


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