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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 03:57, 28 April 2013
, 03:57, 28 April 2013→Preparing, filing and serving the notice of family claim
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The Notice of Family Claim must be filed in the court registry and be personally served on the respondent. If you are asking for a divorce order, you'll have to fill out a Registration of Divorce Proceeding form when you file your Notice of Family Claim. It costs $200 to file a Notice of Family Claim, or $210 if the claim includes a claim for a divorce. | The Notice of Family Claim must be filed in the court registry and be personally served on the respondent. If you are asking for a divorce order, you'll have to fill out a Registration of Divorce Proceeding form when you file your Notice of Family Claim. It costs $200 to file a Notice of Family Claim, or $210 if the claim includes a claim for a divorce. | ||
If you | 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. | ||
===Tips on filing and serving the notice of family claim=== | |||
* '''Can't pay court fees''': If you can't pay the court fees because you are flat broke, you can apply for indigent status. If you are granted indigent status the court fees will be waived. To find out more, see [[How Do I Apply for Indigent Status in the Supreme Court?]] It's located in the section ''Starting an Action'' in the ''How Do I?'' part of this resource. | |||
* '''Quick guide to personal service''': 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. | |||
* '''What to do if you can't physically serve the respondent''': 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 | * '''Not sure where you ex is''': 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. | ||
* '''To change something on the Notice of Family Claim''': What should you do if you want to change something in your Notice of Family Claim? To find out what happens when you want to change something, see [[How Do I Change Something in My Notice of Family Claim?]] It's located in the section ''Starting an Action'' in the ''How Do I?'' part of this resource. | |||
===Deadline for reply=== | ===Deadline for reply=== | ||