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Difference between revisions of "How Do I Start a Family Law Action in the Provincial Court?"
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How Do I Start a Family Law Action in the Provincial Court? (view source)
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You can get a copy of the Application to Obtain an Order from the court registry for free. The forms are also available online; see the [[Provincial Court Forms (Family Law)|Provincial Court Forms]] section. The version of the form that you can get from the court registry includes lots of information about how to fill it out. | You can get a copy of the Application to Obtain an Order from the court registry for free. The forms are also available online; see the [[Provincial Court Forms (Family Law)|Provincial Court Forms]] section. The version of the form that you can get from the court registry includes lots of information about how to fill it out. | ||
If you are making a claim for ''spousal support'' or ''child support'', you'll also have to fill out a form called a Financial Statement. The court registry will provide you with this form. Again, the form is fairly easy to fill out | If you are making a claim for ''spousal support'' or ''child support'', you'll also have to fill out a form called a Financial Statement. The court registry will provide you with this form. Again, the form is fairly easy to fill out. However, there are certain documents that you must gather and attach to the form, including your last three years' worth of tax returns, your most recent paystub, and so forth. | ||
If you are making a claim for ''guardianship'' of a child, you will also have to fill out a special affidavit in Form 34, and provide copies of recent police and Ministry of Children and Family Development records checks. | If you are making a claim for ''guardianship'' of a child, you will also have to fill out a special affidavit in Form 34, and provide copies of recent police and Ministry of Children and Family Development records checks. | ||
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Once you've filed your Application to Obtain an Order, you'll have to have it served on the other person and get your process server to complete an Affidavit of Service. Once the other person has been served, he or she will have 30 days to file a form called a Reply, and, if either of you are making a claim for spousal support or child support, his or her Financial Statement as well. The court will mail you a copy of these documents. | Once you've filed your Application to Obtain an Order, you'll have to have it served on the other person and get your process server to complete an Affidavit of Service. Once the other person has been served, he or she will have 30 days to file a form called a Reply, and, if either of you are making a claim for spousal support or child support, his or her Financial Statement as well. The court will mail you a copy of these documents. | ||
When the court | When the court receives the other person's Reply, the court will normally set up an appointment for you to meet with a family justice counsellor or schedule a date for an initial meeting with the court, called a first appearance. The family justice counsellor's job is to see whether any of your issues can be resolved, to give you information about the law and other dispute resolutions and to try, if you're interested, to mediate your dispute. The family justice counsellor can also prepare consent orders, that is, an order that you and the other person both agree the court should make. | ||
If you are unable to reach an agreement after seeing the family justice counsellor, you can ask to be referred to a judge for a hearing of the issues. The court registry will book a time for the hearing and send a notice of the hearing to you and the other side. | If you are unable to reach an agreement after seeing the family justice counsellor, you can ask to be referred to a judge for a hearing of the issues. The court registry will book a time for the hearing and send a notice of the hearing to you and the other side. | ||
==For more information== | |||
You can find a lot more information about starting a court action in Provincial Court on a family law matter in the chapter Resolving Family Law Problems in Court, within the section | |||
{{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}} | {{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}} | ||
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[[Category:Starting a Family Law Action]] | [[Category:Starting a Family Law Action]] | ||
{{Creative Commons | {{Creative Commons for JP Boyd}} | ||
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