Difference between revisions of "Starting a Court Proceeding in a Family Matter"

Sample court forms and blank court forms for download are available in ____.

The Provincial Court is designed for people who are not represented by a lawyer. There are no filing fees in this court, the forms are a lot easier to prepare, the rules of court are simpler, and the court registry will sometimes care of things like drafting court orders. The main disadvantage of bringing your case to the Provincial Court is that the authority of the court is limited. The Provincial Court can only hear applications under the ''Family Law Act'' on certain subjects, including:

#guardianship

#parental responsibilities and parenting time;

#contact with a child;

#child support; and,

#spousal support.

The Provincial Court cannot hear your application if you are applying for orders under the federal ''Divorce Act'' or for orders relating to the division of property and debt under the ''Family Law Act''.

A link to the Provincial (Family) Court Rules is provided in the ____ section.

===Preparing, Filing and Serving the Application to Obtain an Order===

Most court proceedings are started in the Provincial Court by filing an ''Application to Obtain an Order'' in Form 1. (Court proceedings can also be started with an Application to Change or Cancel an Order in Form 2 where there is already a court order or separation agreement in place.) The person beginning the action, the Applicant, fills out the Application to Obtain an Order and provides certain information, including: the Applicant's name and address; the name and address of the person against whom the application is being made, the Respondent; a list of the orders the Applicant is asking the court to make; and, a very brief statement of the relevant facts.  

 

Personal service means physically handing the Application to Obtain an Order to the Respondent. Rule 2(3) of the Provincial Court Family Rules say that an Applicant 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 go without saying, don't use one of your children to serve your ex.