How Do I Stop Defending a Family Law Action in the Supreme Court?: Difference between revisions
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How Do I Stop Defending a Family Law Action in the Supreme Court? (view source)
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This often happens where a settlement has been reached. | This often happens where a settlement has been reached. | ||
==Preparing a Notice of Withdrawal== | |||
To stop defending a court proceeding, you must file a Notice of Withdrawal in Form F40, and deliver a copy of the filed form to everyone else named in the action. This <span class="noglossary">will</span> allow the claimant to proceed as if no Response to Family Claim had ever been filed, and possibly apply for a default judgment. | To stop defending a court proceeding, you must file a Notice of Withdrawal in Form F40, and deliver a copy of the filed form to everyone else named in the action. This <span class="noglossary">will</span> allow the claimant to proceed as if no Response to Family Claim had ever been filed, and possibly apply for a default judgment. | ||
To stop a | ==Preparing a Notice of Discontinuance== | ||
To stop a counterclaim against a claimant and completely abandon an action, you must file a Notice of Discontinuance in Form F39, and deliver a copy of the filed form to everyone else named in the action. | |||
The forms are available online | ==Forms and fees== | ||
The forms are available online; see Legal Aid BC’s helpful Family Law website, which has a [https://family.legalaid.bc.ca/forms/supreme list of forms used in BC Supreme Court]. | |||
While there is no fee charged to file a Notice of Discontinuance or Notice of Withdrawal, Rule 11-4(4) says that the claimant may be entitled to claim their court costs of the action up to the date of withdrawal or discontinuance. | While there is no fee charged to file a Notice of Discontinuance or Notice of Withdrawal, Rule 11-4(4) says that the claimant may be entitled to claim their court costs of the action up to the date of withdrawal or discontinuance. | ||
{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[Julie Brown]], September 21, 2023}} | ||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
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{{Creative Commons for JP Boyd}} | {{Creative Commons for JP Boyd}} | ||
[[Category: | [[Category:Helpful Guides & Common Questions?|S]] | ||
[[Category:Defending a Family Law Action]] | [[Category:Defending a Family Law Action]] | ||
[[Category:JP Boyd on Family Law]] | [[Category:JP Boyd on Family Law]] |