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{{JP Boyd on Family Law TOC}}
{{FRAWARNINGOKSUBSTANTIVE}}Starting an action in the Provincial Court is fairly straightfoward. Essentially, you have to fill out a document called an Application to Obtain an Order and file it in the registry of the court closest to you. There are no filing fees, and the court will tell you how to go about serving the other side.
You can get Starting a copy of court proceeding in the Provincial Court is fairly straightforward. Essentially, you have to fill out a document called an Application to Obtain an Order from and file it in the court registry for free. The forms are also available online; see the link in the Resources & Links section of this website. The version of the form that court closest to you can get from . There are no filing fees, and the court registry includes lots of information about will tell you how to fill it out, and it really is quite straightfowardgo about serving the other side.
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 ______ page of this wiki. 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 will '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 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 for Children and Family Development records checks.
==When to Use the Provincial Court==
The authority of the Provincial Court is limited and it can only deal with certain issues. You should use the Provincial (Family) Court when the issues things you need to deal with involve any of the following:
#custody and guardianship of children;#access to parenting arrangements for children;#contact with a child
#child support;
#spousal support; and,
#personal restraining protection orders against the other party.
==When Not to Use the Provincial Court==
The Provincial (Family) Court cannot deal with issues involving assets property or debts. The Provincial Court cannot make orders under the ''Divorce Act'', nor can the court make including divorce orders. Remember too If you need orders about property, debt or divorce, you might think about starting your court proceeding in the Supreme Court which can deal with all of these issues and all of the issues that the Provincial (Family) Court can only deal with claims made under the provincial Family Relations Act.
==What Happens Next?==
Once you've filed your applicationApplication to Obtain an Order, you or the court will serve 'll have to have it served on the other personand 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 received 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 what sort whether any of out-of-court options might your issues can be appropriate for resolved, to give you information about the law and the other persondispute resolutions and to try, if you're interested, like mediationto 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.
 {{JP Boyd on Family Law Navbox|type=how}}[[Category:How Do I? (Family Law)]]
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