Difference between revisions of "Responding to a Court Proceeding in a Family Matter"

If you a court proceeding has been started against you in the Provincial Court, you are the ''respondent'' in the proceeding. The person who started the court proceeding is the ''Applicant''. You have two choices after being served with Applicant's Application to Obtain an Order: do nothing or defend yourself. If you agree with the relief sought, doing nothing is the cheapest and quickest way to handle things. On the other hand, if you only partly agree or if you completely disagree with what the Applicant is asking for, you must prepare a ''Reply''.

The primary rules about Replies, defending a court proceeding and trials are:

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 proceeding in 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 claims under the federal ''Divorce Act''. It cannot hear claims under the ''Family Law Act'' for orders relating to the division of property and debt.

 

===Preparing, Filing and Delivering the Reply===

#agree to some or all of the orders the Applicant is asking for;

#object to some or all of the orders the Applicant is asking for; and,

#apply for any orders you would like the court to make.

The form which must be used is Form 3, set out in the Provincial Court Family Rules. The Reply must be filed in the court registry and the court clerk will take care of delivering your Reply to the Applicant.

===Deadline for the Applicant's Reply===

The Applicant has 30 days to file a ''Reply'' in Form 3 after being served with the respondent's Reply if the Reply asks for any orders. Very few Applicants bother to file a Reply; I would only go to the trouble of preparing a response if there was something unusual or unexpected in the Counterclaim.

===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.

<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>'''4. Make interim applications as needed.''' In almost all family law proceedings, the parties need the court to decide certain issues on a temporary basis until the trial can be heard. Typically, people need orders about things like where the children will live and whether should be paid until trial. The most common applications in family law involve restraining orders, orders about the care of children, child support and spousal support. The process for bringing interim applications is discussed in detail in the chapter ____.</blockquote>