Difference between revisions of "How Do I Start a Family Law Action in the Provincial Court?"

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| link        = [http://www.familylaw.lss.bc.ca/guides/final/cantAgree/provincial/apply/index.php starting a family law action<br/> in Provincial Court]
| link        = [http://www.familylaw.lss.bc.ca/guides/final/cantAgree/provincial/apply/index.php starting a family law action<br/> in Provincial Court]
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Starting a court proceeding in the Provincial Court is fairly straightforward. 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.  
Starting a court proceeding in the Provincial Court is fairly straightforward. 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. In some cases, you will fill out a document called an Application to Change or Cancel an Order in Form 2 where there is already a court order or separation agreement in place.


There are no filing fees, and the court will tell you how to go about serving the other side.
There are no filing fees, and the court will tell you how to go about serving the other side.
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==When to use the Provincial Court==
==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 Court when the things you need to deal with involve any of the following:
The authority of the Provincial Court is limited and it can only deal with certain issues. You can use the Provincial Court when the things you need to deal with involve any of the following:


*guardianship of children,
*guardianship of children,
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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, they 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, their 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, they 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, their Financial Statement as well. The court will mail you a copy of these documents.
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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.
When the court receives the other person's Reply, the court will normally schedule a date for an initial meeting with the court, called a first appearance.
In certain registries there may be other requirements that you must meet before your first appearance. For example you may be required to meet with a family justice counsellor or take the Parenting After Separation Course. The registry will let you know what steps you have to take.


==For more information==
==For more information==
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{{REVIEWED | reviewer = [[Thomas Wallwork]], May 9, 2017}}
{{REVIEWED | reviewer = [[Julie Brown]], June 12, 2019}}


{{JP Boyd on Family Law Navbox|type=how}}
{{JP Boyd on Family Law Navbox|type=how}}
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