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)
Revision as of 01:38, 19 May 2013
, 19 May 2013→Preparing, filing and serving the notice of family claim
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|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 | }}The claimant, the person starting the court proceeding, must fill out a Notice of Family Claim and file the claim in court. The Notice of Family Claim provides: the claimant's name and address; 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 court form that must be used 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: | ||
*divorce, | *divorce, | ||
*children | *the care of children and child support, | ||
*spousal support, | *spousal support, | ||
*the division of property and debt, and | *the division of property and debt, and | ||
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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. | ||
"Personal service" essentially 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. | |||
===Deadline for reply=== | ===Deadline for reply=== | ||