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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 00:00, 29 March 2013
, 00:00, 29 March 2013→The Next Steps
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You should be aware that in most cases the courts are fairly lenient towards people who miss filing deadlines. An applicant should not expect to win on a technicality like this. If a respondent files his or her Reply late, the court will usually give the respondent an extension of time and overlook the missed due date. However, if the respondent just ignores you and ignores your claim, at some point the court will make the order you're asking for. | You should be aware that in most cases the courts are fairly lenient towards people who miss filing deadlines. An applicant should not expect to win on a technicality like this. If a respondent files his or her Reply late, the court will usually give the respondent an extension of time and overlook the missed due date. However, if the respondent just ignores you and ignores your claim, at some point the court will make the order you're asking for. | ||
===The | ===The next steps=== | ||
In certain registries of the Provincial Court, the parties must meet with a Family Justice Counsellor, and, if children are involved, attend a Parenting After Separation program before any further steps can be taken in a court proceeding. This may apply even if you are seeking a default judgment. The court clerk will tell you what is needed at your court registry and, if necessary, will refer you to the Family Justice Counsellor and tell you where the Parenting After Separation is offered. You will have to file a certificate that you've completed the program before any further steps can be taken in your case. | In certain registries of the Provincial Court, the parties must meet with a Family Justice Counsellor, and, if children are involved, attend a [http://www.familylaw.lss.bc.ca/resources/fact_sheets/parent_after_separation.php Parenting After Separation] program before any further steps can be taken in a court proceeding. This may apply even if you are seeking a default judgment. The court clerk will tell you what is needed at your court registry and, if necessary, will refer you to the Family Justice Counsellor and tell you where the Parenting After Separation is offered. You will have to file a certificate that you've completed the program before any further steps can be taken in your case. | ||
At court registries that do not have this requirement, an interim application can be brought at any time after the court proceeding has been started. | At court registries that do not have this requirement, an interim application can be brought at any time after the court proceeding has been started. | ||
The steps which follow the commencement of a proceeding in the Provincial Court are a simplified version of the Supreme Court process. There are | The steps which follow the commencement of a proceeding in the Provincial Court are a simplified version of the Supreme Court process. There are fewer hoops to jump through, but also fewer means to extract information and documents from the other side. | ||
<blockquote>'''1. Meet with a Family Justice Counsellor and take the Parenting After Separation Program.''' Family Justice Counsellors can provide information that may help to resolve the court proceeding; they can also serve as mediators if both parties are prepared to try mediation. The Parenting After Separation program is very useful to take, and you should seriously consider taking the course even if it isn't required in your court registry. The program is available online at ______.</blockquote> | <blockquote>'''1. Meet with a Family Justice Counsellor and take the Parenting After Separation Program.''' Family Justice Counsellors can provide information that may help to resolve the court proceeding; they can also serve as mediators if both parties are prepared to try mediation. The Parenting After Separation program is very useful to take, and you should seriously consider taking the course even if it isn't required in your court registry. The program is available online at ______.</blockquote> | ||