5,483
edits
Difference between revisions of "Responding to a Court Proceeding in a Family Matter"
Jump to navigation
Jump to search
m
Responding to a Court Proceeding in a Family Matter (view source)
Revision as of 21:04, 20 June 2017
, 21:04, 20 June 2017no edit summary
Desy Wahyuni (talk | contribs) m (→Legislation) |
Desy Wahyuni (talk | contribs) m |
||
| Line 11: | Line 11: | ||
If you are being sued in the Supreme Court, you are the ''respondent'' in a court proceeding that has been started by the ''claimant''. If you disagree with any of the orders the claimant is asking for, you must prepare a Response to Family Claim. You can also prepare a Counterclaim if there is an order you would like to ask for. These documents, together with the claimant's Notice of Family Claim, are called pleadings. | If you are being sued in the Supreme Court, you are the ''respondent'' in a court proceeding that has been started by the ''claimant''. If you disagree with any of the orders the claimant is asking for, you must prepare a Response to Family Claim. You can also prepare a Counterclaim if there is an order you would like to ask for. These documents, together with the claimant's Notice of Family Claim, are called pleadings. | ||
The primary [http://canlii.ca/ | The primary [http://canlii.ca/t/8mcr Supreme Court Family Rules] about Responses to Family Claim and Counterclaims, replying to a court proceeding and trials are: | ||
*Rule 1-1: definitions | *Rule 1-1: definitions | ||
| Line 46: | Line 46: | ||
The Notice of Family Claim sets out the basic history of the parties' relationship and an outline of the orders the claimant would like the court to make. Your Response to Family Claim says which of the claimant's claims you agree with and which you oppose, and which of the facts set out in the Notice of Family Claim are inaccurate. | The Notice of Family Claim sets out the basic history of the parties' relationship and an outline of the orders the claimant would like the court to make. Your Response to Family Claim says which of the claimant's claims you agree with and which you oppose, and which of the facts set out in the Notice of Family Claim are inaccurate. | ||
The form you must use is Form F4, set out in the | The form you must use is Form F4, set out in the Supreme Court Family Rules. This is a special form of response used only in family law cases. | ||
The Response to Family Claim must be filed in the court registry and be served on the claimant by ordinary service. It <span class="noglossary">costs</span> $25 to file a Response to Family Claim. Ordinary service means sending a copy of the filed response to the claimant at any of the addresses for service identified in the Notice of Family Claim. | The Response to Family Claim must be filed in the court registry and be served on the claimant by ordinary service. It <span class="noglossary">costs</span> $25 to file a Response to Family Claim. Ordinary service means sending a copy of the filed response to the claimant at any of the addresses for service identified in the Notice of Family Claim. | ||
| Line 56: | Line 56: | ||
It can be very important to file a Counterclaim if you want the court to make an order on different terms or about a different issue than the claims made in the Notice of Family Claim. Think of it like this: your Response to Family Claim is your defence to the claims made by the claimant in his or her Notice of Family Claim. Your Response to Family Claim doesn't ask for anything; it just says what you do and don't agree with. Unless a Counterclaim is filed, the only person asking for any orders is the claimant. If you are successful in your defence, there may be no claims left for the court to make an order about. | It can be very important to file a Counterclaim if you want the court to make an order on different terms or about a different issue than the claims made in the Notice of Family Claim. Think of it like this: your Response to Family Claim is your defence to the claims made by the claimant in his or her Notice of Family Claim. Your Response to Family Claim doesn't ask for anything; it just says what you do and don't agree with. Unless a Counterclaim is filed, the only person asking for any orders is the claimant. If you are successful in your defence, there may be no claims left for the court to make an order about. | ||
The form you must use is Form F5, set out in the | The form you must use is Form F5, set out in the Supreme Court Family Rules. This is a special form of counterclaim used in family law cases. Additional pages that require more detailed information must be added to the Counterclaim when you are asking for orders about: | ||
*divorce, | *divorce, | ||
| Line 112: | Line 112: | ||
#the most recent BC Assessments for all real property. | #the most recent BC Assessments for all real property. | ||
The form you must use is Form F8, set out in the | The form you must use is Form F8, set out in the Supreme Court Family Rules. | ||
===Judicial case conferences=== | ===Judicial case conferences=== | ||
| Line 199: | Line 199: | ||
#business records like financial statements and corporate income tax returns, if the party has a company. | #business records like financial statements and corporate income tax returns, if the party has a company. | ||
The form you must use is Form 4, set out in the | The form you must use is Form 4, set out in the Provincial Court Family Rules. | ||
===Family case conferences=== | ===Family case conferences=== | ||
| Line 216: | Line 216: | ||
* [http://canlii.ca/t/85pb Provincial Court Family Rules] | * [http://canlii.ca/t/85pb Provincial Court Family Rules] | ||
* ''[http://canlii.ca/t/84d8 Supreme Court Act]'' | * ''[http://canlii.ca/t/84d8 Supreme Court Act]'' | ||
* [http:// | * [http://canlii.ca/t/8mcr Supreme Court Family Rules] | ||
* ''[http://canlii.ca/t/84h8 Court Rules Act]'' | * ''[http://canlii.ca/t/84h8 Court Rules Act]'' | ||