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Difference between revisions of "The Court System for Family Matters"

From Clicklaw Wikibooks
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===Court proceedings===
===Court proceedings===


The Supreme Court has special rules just for family law proceedings, the [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/169_2009_00 Supreme Court Family Rules]. If you are involved in a proceeding before the Supreme Court, you should try to read and understand these rules. The rules of court govern every aspect of a Supreme Court case, from starting a court proceeding to scheduling a trial. They set out important deadlines and limitations, and say what court forms must be used for which purpose.
The Supreme Court has special rules just for family law proceedings, the [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/169_2009_00 Supreme Court Family Rules]. If you are involved in a proceeding before the Supreme Court, you should try to read and understand these rules. The rules of court govern every aspect of a Supreme Court case, from starting a court proceeding to scheduling a trial. They set out important deadlines and limitations, and say what court forms must be used for which purpose. You also need to have a look at the [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx Practice Directions] and [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Administrative Notices] issued by the Chief Justice, which clarify aspects of the rules of court and describe additional processes and procedures.


====Procedure====
====Procedure====
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In certain unusual cases, a proceeding can also be started by filing in court a Petition in Form F73. Someone starting a proceeding with a Petition is the ''petitioner'', and the other party is the ''petition respondent''.  
In certain unusual cases, a proceeding can also be started by filing in court a Petition in Form F73. Someone starting a proceeding with a Petition is the ''petitioner'', and the other party is the ''petition respondent''.  


Notices of Family Claim and Petitions must be be personally served on the other party by an adult other than the claimant or petitioner.
Notices of Family Claim and Petitions must be personally served on the other party by an adult other than the claimant or petitioner.


A respondent may reply to a Notice of Family Claim by filing a Response to Family Claim in Form F4. A respondent who does not file a Response to Family Claim is not entitled to notice of further hearings in the case. The respondent may also file a Counterclaim in Form F5. A counterclaim is the respondent's own claim against the applicant.
A respondent may reply to a Notice of Family Claim by filing a Response to Family Claim in Form F4. A respondent who does not file a Response to Family Claim is not entitled to notice of further hearings in the case. The respondent may also file a Counterclaim in Form F5. A counterclaim is the respondent's own claim against the applicant.