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Difference between revisions of "Starting a Court Proceeding in a Family Matter"
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Starting a Court Proceeding in a Family Matter (view source)
Revision as of 01:33, 28 April 2013
, 01:33, 28 April 2013→Preparing, filing and serving the notice of family claim
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The requirement for personal service means physically handing the Notice of Family Claim to the respondent. The ''[[Divorce Act]]'' and Rule 6-3(2) of the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules] say that a claimant cannot serve a respondent him- or herself. You must either pay a process server to do it or enlist the help of a friend over the age of majority. Although this ought to go without saying, don't use one of your children to serve your ex. | The requirement for personal service means physically handing the Notice of Family Claim to the respondent. The ''[[Divorce Act]]'' and Rule 6-3(2) of the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules] say that a claimant cannot serve a respondent him- or herself. You must either pay a process server to do it or enlist the help of a friend over the age of majority. Although this ought to go without saying, don't use one of your children to serve your ex. | ||
For a quick summary of what's involved in personal service, see [[How Do I Personally Serve Someone with Legal Documents?]] It's located in the section ''Starting an Action'' in the ''How Do I?'' part of this resource | For a quick summary of what's involved in personal service, see [[How Do I Personally Serve Someone with Legal Documents?]] It's located in the section ''Starting an Action'' in the ''How Do I?'' part of this resource. | ||
If it is impossible to physically hand the Notice of Family Claim to the respondent, you have to apply to the court to be allowed to use a substitute form of personal service. To find out what's involved, see [[How Do I Substitutionally Serve Someone with Legal Documents?]] It's located in the section ''Starting an Action'' in the ''How Do I?'' part of this resource | If it is impossible to physically hand the Notice of Family Claim to the respondent, you have to apply to the court to be allowed to use a substitute form of personal service. To find out what's involved, see [[How Do I Substitutionally Serve Someone with Legal Documents?]] It's located in the section ''Starting an Action'' in the ''How Do I?'' part of this resource. | ||
If you're not sure where you ex lives, see [[How Do I Find My Ex?]] It's located in the section ''Starting an Action'' in the ''How Do I?'' part of this resource. | If you're not sure where you ex lives, see [[How Do I Find My Ex?]] It's located in the section ''Starting an Action'' in the ''How Do I?'' part of this resource. | ||