Difference between revisions of "I've Been Charged with a Criminal (or Youth) Offence and Want to Change My Release Conditions so I Can Have Contact with My Spouse or Children"

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===If the conditions you want to change were put there by the police or a Justice of the Peace===
===If the conditions you want to change were put there by the police or a Justice of the Peace===


1. Get and fill out an [http://www.ag.gov.bc.ca/courts/forms/pcr/pcr315.pdf '''Application to a Judge''']. You can get one of these from a Court Registry. You can find the address and contact information for a Court Registry through Enquiry BC by calling 1-800-663-7867. You may want to have a lawyer or advocate assist you with filling out the application.
# Get and fill out an [http://www.ag.gov.bc.ca/courts/forms/pcr/pcr315.pdf '''Application to a Judge''']. You can get one of these from a Court Registry. You can find the address and contact information for a Court Registry through Enquiry BC by calling 1-800-663-7867. You may want to have a lawyer or advocate assist you with filling out the application.


2. On the Application to a Judge, tick off the box marked “To replace Form 11.1 Undertaking Given to a Peace Officer/Officer in Charge [Sec.499(3), 503(2.2)]”. Under the heading, "The reasons on which the application is based are as follows”, put your reasons for wanting to have contact.   
# On the Application to a Judge, tick off the box marked “To replace Form 11.1 Undertaking Given to a Peace Officer/Officer in Charge [Sec.499(3), 503(2.2)]”. Under the heading, "The reasons on which the application is based are as follows”, put your reasons for wanting to have contact.   


If you believe contact is not only in your best interests but also in the best interests of your family or the person you are alleged to have offended against (the '''complainant'''),say why. Say why contact would be helpful to both you and the complainant (eg to arrange access to your children, to assist with parenting and household duties, to allow for family counselling, to provide needed transportation, etc.
If you believe contact is not only in your best interests but also in the best interests of your family or the person you are alleged to have offended against (the '''complainant'''), say why. Say why contact would be helpful to both you and the complainant (eg to arrange access to your children, to assist with parenting and household duties, to allow for family counselling, to provide needed transportation, etc.


Find out a date when the court is sitting in your area and can hear your application. You may have been given a court date already, but if that is too far in the future, you can request an earlier date.
Find out a date when the court is sitting in your area and can hear your application. You may have been given a court date already, but if that is too far in the future, you can request an earlier date.


3. Mail or fax your Application to a Judge to both the Provincial Court Registry and Crown Counsel Office. Make sure you tell them the date you want to make the application. If you have good contact information for the complainant, provide that to Crown Counsel.  
# Mail or fax your Application to a Judge to both the Provincial Court Registry and Crown Counsel Office. Make sure you tell them the date you want to make the application. If you have good contact information for the complainant, provide that to Crown Counsel.
 
==What happens next==
==What happens next==


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