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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 18:21, 28 July 2022
, 18:21, 28 July 2022→Early Resolution Registries
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The Early Resolution process is only for claims under the ''[[Family Law Act]]''. It is not for child protection matters, and it is not used for claims brought by the Ministry of Children and Family Development or a Delegated Aboriginal Agency. | The Early Resolution process is only for claims under the ''[[Family Law Act]]''. It is not for child protection matters, and it is not used for claims brought by the Ministry of Children and Family Development or a Delegated Aboriginal Agency. | ||
====Starting a case in an Early Resolution Registry==== | |||
The Early Resolution process is designed to encourage parties to resolve family disputes by agreement or to help them move their case along to a quicker resolution. | The Early Resolution process is designed to encourage parties to resolve family disputes by agreement or to help them move their case along to a quicker resolution. | ||
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When issues are resolved during early resolution, you can formalize your agreements by written agreement or consent order. | When issues are resolved during early resolution, you can formalize your agreements by written agreement or consent order. | ||
====Replying to a Family Law Matter in an Early Resolution Registry==== | |||
If you are served with a Notice to Resolve a Family Law Matter filed at the Victoria or Surrey registry, you'll have to complete three steps before you can file your Reply to an Application About a Family Law Matter. Those three steps are: | If you are served with a Notice to Resolve a Family Law Matter filed at the Victoria or Surrey registry, you'll have to complete three steps before you can file your Reply to an Application About a Family Law Matter. Those three steps are: | ||
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# '''Consensual Dispute Resolution''': If it is appropriate, you and the other party will participate in at least one consensual dispute resolution session to mediate your issues. | # '''Consensual Dispute Resolution''': If it is appropriate, you and the other party will participate in at least one consensual dispute resolution session to mediate your issues. | ||
==== What happens when parties can't resolve issues during Early Resolution?==== | |||
If there are still some issues that need to be resolved and you need the Court's help, you then file a form called the [[PCFR Form 3 Application About a Family Law Matter|Application About a Family Law Matter]] with all your supporting documents and serve it on the other party or parties. | If there are still some issues that need to be resolved and you need the Court's help, you then file a form called the [[PCFR Form 3 Application About a Family Law Matter|Application About a Family Law Matter]] with all your supporting documents and serve it on the other party or parties. | ||
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If there are still issues to resolve, the judge can make case management orders to ensure the matter is ready for trial if one is needed. The usual process in Provincial Court for case conferences, trial preparation, trials, and enforcement of Family Maintenance matters still applies if your issues have not been fully resolved. | If there are still issues to resolve, the judge can make case management orders to ensure the matter is ready for trial if one is needed. The usual process in Provincial Court for case conferences, trial preparation, trials, and enforcement of Family Maintenance matters still applies if your issues have not been fully resolved. | ||
====What else do I need to know about the Early Resolution process?==== | |||
The Early Resolution process also includes rules for applications about: | The Early Resolution process also includes rules for applications about: | ||
* protection orders | * protection orders | ||
