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Difference between revisions of "Provincial (Family) Court"
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{{REVIEWEDPLS | reviewer = | {{REVIEWEDPLS | reviewer = [http://bhmlawyers.ca/team-2/samantha-rapoport/ Samantha Rapoport], Brown Henderson Melbye |date= March 2020}} {{Dial-A-Law TOC|expanded = disputes}} | ||
If you’re dealing with a family law issue, you may end up in Provincial Court (often called '''Family Court'''). There are advantages to using this court instead of BC Supreme Court. Learn what’s involved at each stage. | If you’re dealing with a family law issue, you may end up in Provincial Court (often called '''Family Court'''). There are advantages to using this court instead of BC Supreme Court. Learn what’s involved at each stage. | ||
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===Family Court can deal with many family issues=== | ===Family Court can deal with many family issues=== | ||
'''Family Court''' is a division of [http://www.provincialcourt.bc.ca/types-of-cases/family-matters | '''Family Court''' is a division of the [http://www.provincialcourt.bc.ca/types-of-cases/family-matters British Columbia Provincial Court]. (Other divisions of the Provincial Court deal with criminal, traffic, and small claims cases.) | ||
Family Court deals with many, but not all, of the legal issues that affect families. It handles the following issues under [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html | Family Court deals with many, but not all, of the legal issues that affect families. It handles the following issues under the BC [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html ''Family Law Act'']: | ||
* guardianship of a child and parental responsibilities | * guardianship of a child and parental responsibilities | ||
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Family Court also deals with child protection cases. | Family Court also deals with child protection cases. | ||
Family Court '''cannot''' make orders under the federal | Family Court '''cannot''' make orders under the federal Divorce Act. It can’t: | ||
* grant a divorce | * grant a divorce | ||
* divide property or debts, or make orders about family property | * divide property or debts, or make orders about family property | ||
* change an order that was made [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-3-2nd-supp/latest/rsc-1985-c-3-2nd-supp.html | * change an order that was made under the [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-3-2nd-supp/latest/rsc-1985-c-3-2nd-supp.html ''Divorce Act''] | ||
* make adoption orders | * make adoption orders | ||
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A case in Family Court starts with paperwork. You fill out and '''file an application''' with the court. Depending on what kind of orders you’re asking for, other forms and documents may also be required. | A case in Family Court starts with paperwork. You fill out and '''file an application''' with the court. Depending on what kind of orders you’re asking for, other forms and documents may also be required. | ||
You make three copies of the documents. These then have to be filed at a Family Court registry. There’s '''no fee''' for filing the documents. | You make three copies of the documents. These then have to be filed at a Family Court registry. There’s '''no fee''' for filing the documents. | ||
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{| class="wikitable" | {| class="wikitable" | ||
|align="left"|'''Tip''' | |align="left"|'''Tip''' | ||
[http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms You can find blank court forms on the BC government website]. You can also get free printed forms from [http://www.provincialcourt.bc.ca/locations-contacts | [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms You can find blank court forms on the BC government website]. You can also get free printed forms from the [http://www.provincialcourt.bc.ca/locations-contacts court registry in the town or city where you live]. The wikibook ''JP Boyd on Family Law'' includes [https://wiki.clicklaw.bc.ca/index.php/Provincial_Court_Forms_(Family_Law) samples of many completed forms]. | ||
|} | |||
{| class="wikitable" | |||
|align="left"|'''Alert!''' | |||
The Provincial Court registries in Victoria and Surrey have a specific court process that highlights early resolution. If you’re starting a family law case in Victoria or Surrey, [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution see the BC government’s website]. | |||
|} | |} | ||
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The parties could try '''mediation'''. This involves meeting with a neutral person (a mediator) who helps find a solution everyone can agree on. The mediator doesn’t make decisions, but instead helps the parties make decisions for themselves. Parties can use a family justice counsellor as their mediator (their services are free). Or they can hire a private mediator. | The parties could try '''mediation'''. This involves meeting with a neutral person (a mediator) who helps find a solution everyone can agree on. The mediator doesn’t make decisions, but instead helps the parties make decisions for themselves. Parties can use a family justice counsellor as their mediator (their services are free). Or they can hire a private mediator. | ||
Or the parties could try '''collaborative | Or the parties could try '''collaborative negotiation'''. This is also known as “collaborative family law.” It’s a kind of negotiation where each party has their own lawyer and agrees to do everything possible to reach a settlement without going to court. The approach emphasizes full disclosure, communication, and a safe and respectful environment to help the parties negotiate a settlement collaboratively. | ||
For more on these approaches, [[Mediation and Collaborative Practice|see our information on mediation and collaborative | For more on these approaches, [[Mediation and Collaborative Practice|see our information on mediation and collaborative negotiation]]. | ||
===If the parties can agree on the issues=== | ===If the parties can agree on the issues=== | ||