Starting a Court Proceeding in a Family Matter: Difference between revisions
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Starting a Court Proceeding in a Family Matter (view source)
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To start a proceeding in the Supreme Court, the main document you will have to prepare is a Notice of Family Claim in Form F3, a special form prescribed by the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules]. (This document is one of the basic legal documents in a court proceeding known as pleadings.) This is the document that says who you are suing and the orders you want to the court to make. | To start a proceeding in the Supreme Court, the main document you will have to prepare is a Notice of Family Claim in Form F3, a special form prescribed by the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules]. (This document is one of the basic legal documents in a court proceeding known as pleadings.) This is the document that says who you are suing and the orders you want to the court to make. | ||
Family law proceedings are governed by the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules]. It's important that you have a working knowledge of the rules about how court proceedings are started; as your proceeding progresses, you'll also need to learn the rules about judicial case conferences, disclosure, interim applications, and trials. For a quick introduction to how to start a proceeding, see [[How Do I Start a Family Law Action in the Supreme Court?]] It's located in the section ''Starting an Action'' in the ''How Do I?'' part of this resource. | |||
Family law proceedings are governed by the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules]. It's important that you have a working knowledge of the rules about how court proceedings are started; as your proceeding progresses, you'll also need to learn the rules about judicial case conferences, disclosure, interim applications, and trials. | |||
The primary rules about Notices of Family Claim and the management of court proceedings are: | The primary rules about Notices of Family Claim and the management of court proceedings are: | ||
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Links to and examples of court forms are at [[Supreme Court Forms (Family Law)]]. | Links to and examples of court forms are at [[Supreme Court Forms (Family Law)]]. | ||
===Preparing, filing and serving the notice of family claim=== | |||
{{LSSbadge | {{LSSbadge | ||
|resourcetype = further step-by-step information on | |resourcetype = further step-by-step information on | ||
|link = [http://www.familylaw.lss.bc.ca/guides/mini/howToStartFamilyCaseSC/apply/steps.php How to start a family law case<br/> in Supreme Court] | |link = [http://www.familylaw.lss.bc.ca/guides/mini/howToStartFamilyCaseSC/apply/steps.php How to start a family law case<br/> in Supreme Court] | ||
}} | }}The Notice of Family Claim is a court form that a claimant fills out and files with the court. It sets out: the name and address of the person starting the court proceeding, the ''claimant''; the name and address of the person against whom the claim is made, the ''respondent''; the basic history of the parties' relationship; and, an outline of the orders the claimant would like the court to make. | ||
The Notice of Family Claim is a court form that a claimant fills out and files with the court. It sets out: the name and address of the person starting the court proceeding, the ''claimant''; the name and address of the person against whom the claim is made, the ''respondent''; the basic history of the parties' relationship; and, an outline of the orders the claimant would like the court to make. | |||
The form that the claimant must use is Form F3, set out in the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules]. This is a special form of claim used only in family law cases. Additional pages that require more detailed information must be added to the Notice of Family Claim when the claimant seeks orders about: | The form that the claimant must use is Form F3, set out in the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules]. This is a special form of claim used only in family law cases. Additional pages that require more detailed information must be added to the Notice of Family Claim when the claimant seeks orders about: | ||