Court Procedures in Family Law (3:XV): Difference between revisions
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Court Procedures in Family Law (3:XV) (view source)
Revision as of 19:08, 30 August 2024
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= June 23, 2024}} | ||
{{LSLAP Manual TOC|expanded = family}} | {{LSLAP Manual TOC|expanded = family}} | ||
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Family Justice Counsellors deal exclusively with issues of children and support. In limited circumstances, and for clients with assets or debt less than $25,000, a Family Justice Counsellor can mediate an agreement. | Family Justice Counsellors deal exclusively with issues of children and support. In limited circumstances, and for clients with assets or debt less than $25,000, a Family Justice Counsellor can mediate an agreement. | ||
=== 4. Provincial | === 4. Provincial Court Family Rules === | ||
==== a) Registries (Dependent upon location) ==== | ==== a) Registries (Dependent upon location) ==== | ||
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==== b) Application to Obtain an Order ==== | ==== b) Application to Obtain an Order ==== | ||
Most proceedings in Provincial Court are commenced by filing | Most proceedings in Provincial Court are commenced by filing an Application about a Family Law Matter (Form 3). The application commences an action in Provincial Court, and requests a specific remedy. The application can be filed at either the court registry or in a family justice registry. For procedure see Provincial Court Family Rules. | ||
The application must be filed with the registry, and must be personally served on the respondent by someone other than the applicant unless the judge orders otherwise. The following documents must be served with the filed copy of the application when it is served on the respondent: | The application must be filed with the registry, and must be personally served on the respondent by someone other than the applicant unless the judge orders otherwise. The following documents must be served with the filed copy of the application when it is served on the respondent: | ||
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==== d) Early Resolution Registries ==== | ==== d) Early Resolution Registries ==== | ||
The requirements for filing an application with an Early Resolution Registry include: | The requirements for filing an application with an Early Resolution Registry (Victoria and Surrey Registry) include: | ||
a. Filing a notice to resolve (Form 1) (see above); | a. Filing a notice to resolve (Form 1) (see above); | ||
b. Providing a copy of notice to all other parties (see above); | b. Providing a copy of notice to all other parties (see above); | ||
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==== i) Witnesses ==== | ==== i) Witnesses ==== | ||
Witnesses are summoned to the Court by subpoena. However, a subpoena is not necessary if the witness is prepared to appear in court voluntarily. If a subpoenaed witness does not appear in court, a warrant may be issued for their arrest. To require the attendance of a witness, a party must complete a subpoena in Form 23, and serve a copy of the subpoena on the witness personally at least seven days before the date the witness is required to appear. | a. Witnesses are summoned to the Court by subpoena. However, a subpoena is not necessary if the witness is prepared to appear in court voluntarily. If a subpoenaed witness does not appear in court, a warrant may be issued for their arrest. To require the attendance of a witness, a party must complete a subpoena in Form 23, and serve a copy of the subpoena on the witness personally at least seven days before the date the witness is required to appear. | ||
In Provincial | b. In Provincial Family Court, the person who subpoenas the witness is responsible for that witness’ reasonable estimated travel expenses. | ||
==== j) Affidavit Evidence ==== | ==== j) Affidavit Evidence ==== | ||
At trial, evidence may be given orally or by sworn affidavit. Evidence may be given by affidavit at a | At trial, evidence may be given orally or by sworn affidavit. Evidence may be given by affidavit at a hearing depending on the type of hearing and the remedy sought. The relevant section of the Rules should be consulted prior to submitting affidavit evidence for the hearing. Affidavit evidence must be in Form 45. | ||
==== k) Interim Applications ==== | |||
The new Provincial Family Rules have replaced the Notices of Motion with interim application forms to be used depending on the remedy sought. Applicants should consult the BC Provincial Family Forms at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms Provincial Family Forms] and select the form of application most appropriate for the remedy sought. | |||
Upon the application form being filed at court and served upon the other parties, the court registry will set a date for the interim application and communicate said date with the parties. If the appointed date does not work for any of the parties, the parties are responsible for contacting the court registry to reschedule. | |||
==== l) Trial ==== | ==== l) Trial ==== | ||