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Difference between revisions of "The Court System for Family Matters"
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The Provincial Court has special rules just for family law proceedings, the [https://canlii.ca/t/b8rn Provincial Court Family Rules]. Within these rules, there are also different procedures to follow depending on the type of registry, and this means the rules can vary significantly depending where you are. It's important to know which type of registry your family law matter is filed at. The types and locations are: | The Provincial Court has special rules just for family law proceedings, the [https://canlii.ca/t/b8rn Provincial Court Family Rules]. Within these rules, there are also different procedures to follow depending on the type of registry, and this means the rules can vary significantly depending where you are. It's important to know which type of registry your family law matter is filed at. The types and locations are: | ||
* ''Early Resolution Registries'' (currently Victoria and Surrey), which follow a much different process (including what forms to use) from the other registries — luckily this is well explained on the [https:// | * ''Early Resolution Registries'' (currently Victoria and Surrey), which follow a much different process (including what forms to use) from the other registries — luckily this is well explained on the [https://bit.ly/4d5xCpG BC Ministry of Attorney General's website], and discussed generally in the [[Resolving Family Law Problems in Court]] chapter. | ||
* ''Family Justice Registries'' (Kelowna, Nanaimo, and Vancouver (Robson Square)), which require parties to go through a family needs assessment at the very beginning. | * ''Family Justice Registries'' (Kelowna, Nanaimo, and Vancouver (Robson Square)), which require parties to go through a family needs assessment at the very beginning. | ||
* ''Parenting Education Program Registries'', are the default type of registry found in the remaining registry locations of the Provincial Court. Unless you’re in Kelowna, Nanaimo, Surrey, Vancouver, or Victoria, this will be the registry type you'll deal with. (If your matter is in Kamloops, and it looks like it's going to trial, you might need to learn about that registry's new ''Informal Family Court Trials'' pilot, which is explained on the [https://www.provincialcourt.bc.ca/enews/enews-16-05-2022 Provincial Court's website], and on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/informal-trials-kamloops-court-registry Legal Aid BC's Family Law website]. | * ''Parenting Education Program Registries'', are the default type of registry found in the remaining registry locations of the Provincial Court. Unless you’re in Kelowna, Nanaimo, Surrey, Vancouver, or Victoria, this will be the registry type you'll deal with. (If your matter is in Kamloops, and it looks like it's going to trial, you might need to learn about that registry's new ''Informal Family Court Trials'' pilot, which is explained on the [https://www.provincialcourt.bc.ca/enews/enews-16-05-2022 Provincial Court's website], and on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/informal-trials-kamloops-court-registry Legal Aid BC's Family Law website]. | ||
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The person who starts a proceeding in the Provincial Court is the ''applicant''. The person against whom the court proceeding is brought is the ''respondent''. | The person who starts a proceeding in the Provincial Court is the ''applicant''. The person against whom the court proceeding is brought is the ''respondent''. | ||
An applicant starts by filing a form, although a different form is needed for ''Early Resolution Registries'' than in other Provincial Court registry locations. To read more about the Early Resolution process in Victoria and Surrey see the [https:// | An applicant starts by filing a form, although a different form is needed for ''Early Resolution Registries'' than in other Provincial Court registry locations. To read more about the Early Resolution process in Victoria and Surrey see the [https://bit.ly/4d5xCpG BC Ministry of Attorney General's website], which also makes available a brochure with a simplified process map. The procedures explained below do not apply to the Early Resolution Registries. | ||
In most Provincial Court registries you start by filing an Application About a Family Law Matter in [[PCFR Form 3 Application About a Family Law Matter|Form 3]] and then serving it on each person named as a respondent. The form must be ''personally served'' on the respondent by an adult other than the applicant — you can't do it yourself. The respondent has 30 days to answer the claim by filing a Reply to an Application About a Family Law Matter in [[PCFR Form 6 Reply to an Application About a Family Law Matter|Form 6]] at the court registry. The court clerk will send a copy of the Reply to the applicant. The Reply can also be used to make a ''counter application'', the respondent's own claim against the applicant. A respondent who does not file a Reply to an Application About a Family Law Matter is not entitled to notice of further hearings in the case! | In most Provincial Court registries you start by filing an Application About a Family Law Matter in [[PCFR Form 3 Application About a Family Law Matter|Form 3]] and then serving it on each person named as a respondent. The form must be ''personally served'' on the respondent by an adult other than the applicant — you can't do it yourself. The respondent has 30 days to answer the claim by filing a Reply to an Application About a Family Law Matter in [[PCFR Form 6 Reply to an Application About a Family Law Matter|Form 6]] at the court registry. The court clerk will send a copy of the Reply to the applicant. The Reply can also be used to make a ''counter application'', the respondent's own claim against the applicant. A respondent who does not file a Reply to an Application About a Family Law Matter is not entitled to notice of further hearings in the case! | ||
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* [https://www.bccourts.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Supreme Court Administrative Notices] | * [https://www.bccourts.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Supreme Court Administrative Notices] | ||
* [https://www.bccourts.ca/court_of_appeal/Practice_and_Procedure/civil_practice_directives_/index.aspx Court of Appeal Practice Directives] | * [https://www.bccourts.ca/court_of_appeal/Practice_and_Procedure/civil_practice_directives_/index.aspx Court of Appeal Practice Directives] | ||
* [https:// | * [https://family.legalaid.bc.ca/resources/family-law-bc-quick-reference-tool "Family Law in BC: Quick Reference Tool"] from Legal Aid BC | ||
* [https:// | * [https://perma.cc/WA4T-DAG6 "Preparing for a Family Court Trial in Provincial Court"] from the Provincial Court of British Columbia | ||
* ''[https://canlii.ca/t/srvn The CanLII Manual to British Columbia Civil Litigation]'' | * ''[https://canlii.ca/t/srvn The CanLII Manual to British Columbia Civil Litigation]'' | ||
* [https:// | * [https://family.legalaid.bc.ca/bc-legal-system Legal Aid BC's Family Law website's information page "BC Legal System"] | ||
===Links=== | ===Links=== | ||
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* [https://www.bccourts.ca/supreme_court/index.aspx Supreme Court website] | * [https://www.bccourts.ca/supreme_court/index.aspx Supreme Court website] | ||
* [https://www.bccourts.ca/Court_of_Appeal/index.aspx Court of Appeal website] | * [https://www.bccourts.ca/Court_of_Appeal/index.aspx Court of Appeal website] | ||
* [ | * [https://canlii.org CanLII] | ||