Introduction to Family Law in British Columbia: Difference between revisions
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Introduction to Family Law in British Columbia (view source)
Revision as of 11:58, 13 April 2013
, 13 April 2013→The courts of British Columbia
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|align="center"|'''Divorce'''||align="center"|Yes|| | |align="center"|'''Divorce'''||align="center"|Yes|| | ||
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|align="center"|'''Care of | |align="center"|'''Care of children'''||align="center"|Yes||align="center"|Yes | ||
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|align="center"|'''Time with | |align="center"|'''Time with chidren'''||align="center"|Yes||align="center"|Yes | ||
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|align="center"|'''Child | |align="center"|'''Child support'''||align="center"|Yes||align="center"|Yes | ||
|- | |- | ||
|align="center"|'''Children's | |align="center"|'''Children's property'''||align="center"|Yes|| | ||
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|align="center"|'''Spousal | |align="center"|'''Spousal support'''||align="center"|Yes||align="center"|Yes | ||
|- | |- | ||
|align="center"|'''Family | |align="center"|'''Family property and<br/>family debt'''||align="center"|Yes|| | ||
|- | |- | ||
|align="center"|'''Protection | |align="center"|'''Protection orders'''||align="center"|Yes||align="center"|Yes | ||
|- | |- | ||
|align="center"|'''Financial | |align="center"|'''Financial restraining orders'''||align="center"|Yes|| | ||
|} | |} | ||
To get to court, you must start a court proceeding and tell the court what you want. In the Provincial Court, proceedings are started with a court form called an Application to Obtain an Order. In the Supreme Court, the court form is called a Notice of Family Claim. In the Provincial Court, the person who starts a court proceeding is called the '' | To get to court, you must start a court proceeding and tell the court what you want. In the Provincial Court, proceedings are started with a court form called an Application to Obtain an Order. In the Supreme Court, the court form is called a Notice of Family Claim. In the Provincial Court, the person who starts a court proceeding is called the ''applicant''; in the Supreme Court, this person is the ''claimant''. | ||
Once a court proceeding has started, the other person can answer the claims being made and make new claims. In the Provincial Court, this answer is called a Reply. In the Supreme Court, two court forms can be used: a Response to Family Claim and a Counterclaim. In the Provincial Court and in the Supreme Court, the person answering a court proceeding is called the '' | Once a court proceeding has started, the other person can answer the claims being made and make new claims. In the Provincial Court, this answer is called a Reply. In the Supreme Court, two court forms can be used: a Response to Family Claim and a Counterclaim. In the Provincial Court and in the Supreme Court, the person answering a court proceeding is called the ''respondent''. | ||
Applicants and | Applicants and respondents (in the Provincial Court), and claimants and respondents (in the Supreme Court), are called the ''parties'' to the court proceeding. | ||
After the | After the respondent has filed a reply to the claim, both parties can ask the court to make an ''order'' about some or all of the issues the raised in the court proceeding. An order is a decision of a judge that requires someone to do something or not do something. For example, a court can make an order that a child live mostly with one party, an order that one party not harass the other, or an order that one party have the family car. | ||
Orders can be made ''by consent'', which means that they are made with the agreement of both people. If the couple can't agree on the terms of the order, they must go to a hearing before a judge and have the judge make an order. There are two types of order: an ''interim order'', which is any order made before trial; and, a ''final order'', which is an order made at the end of a trial. A trial is the final hearing before the judge that concludes the court proceeding. | Orders can be made ''by consent'', which means that they are made with the agreement of both people. If the couple can't agree on the terms of the order, they must go to a hearing before a judge and have the judge make an order. There are two types of order: an ''interim order'', which is any order made before trial; and, a ''final order'', which is an order made at the end of a trial. A trial is the final hearing before the judge that concludes the court proceeding. | ||
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'''Further reading:''' | '''Further reading:''' | ||
*[[Introduction to the Legal System for Family Matters]] | *[[Introduction to the Legal System for Family Matters|Introduction to the Legal System]] | ||
*[[The Court System for Family Matters]] | *[[The Court System for Family Matters|The Court System]] | ||
*[[Starting a Court Proceeding in a Family Matter]] | *[[Starting a Court Proceeding in a Family Matter|Starting a Court Proceeding]] | ||
*[[Replying to a Court Proceeding in a Family Matter]] | *[[Replying to a Court Proceeding in a Family Matter|Replying to a Court Proceeding]] | ||
*[[Interim Applications in Family Matters]] | *[[Interim Applications in Family Matters|Interim Applications]] | ||
==The law== | ==The law== | ||