Difference between revisions of "How Do I Make a Priority Parenting Matter Application in the Provincial Court?"

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{{JP Boyd on Family Law How Do I TOC|expanded=interim}}
 
{{JP Boyd on Family Law How Do I TOC|expanded=interim}}
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==Priority parenting matter==
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Not all family law matters are ''priority parenting matters''. Priority parenting matters refers to a limited list of situations:
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* When time-sensitive decisions need to be made about a child's health (including giving or withdrawing consent for treatment) and other guardians won't agree.
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* When a passport, licence, benefit, or other thing is needed for a child, but other guardians can't agree and delay will result in risk to the child's wellbeing.
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* When consent to travel or participate in an activity is being wrongfully denied.
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* When a guardian is planning to move with the child, no order or agreement exists, and the move will harm the child's relationship with another guardian.
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* In response to certain interventions by a director under the ''Child, Family and Community Service Act'' to have the child removed from the care of someone.
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==When to make an application==
 
==When to make an application==
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==For more information==
 
==For more information==
  
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You can find a more complete discussion of the interim application process and the different timelines and deadlines in the chapter [[Resolving Family Law Problems in Court]] within the section [[Interim Applications in Family Matters]], bearing in mind the information in the section describing the new [[Victoria Early Resolution and Case Management Model]].
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The BC Government has introduced an online tool for applying for family law orders and completing the necessary forms. Visit the online guide: ''[https://justice.gov.bc.ca/apply-for-family-order/ Complete your Provincial Court Family Law Act (FLA) Forms].''
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{{REVIEWED | reviewer = [[Samantha Simpson]], June 11, 2019}}
 
{{REVIEWED | reviewer = [[Samantha Simpson]], June 11, 2019}}

Revision as of 21:50, 31 October 2023

JP Boyd on Family Law
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from the Clicklaw Wikibook
JP Boyd on Family Law.
See the full contents
and the list of contributors.
Getting Started
Introduction · Family Law in BC
Definitions · Legislation
Divorce Act Basics · Family Law Act Basics
Chapters
Helpful Guides & Common Questions
Interim Applications
 · Make Prov. Ct. Priority Applications?

 · Make Applications in Supreme Court?

 · Reply to Prov. Ct. Priority Applications?

 · Reply to Applications in Supreme Court?
Court Forms & Documents
Supreme Court: Forms & Examples
Provincial Court: Forms & Examples
Other Family Law Forms & Documents
v • d • e

Priority parenting matter[edit]

Not all family law matters are priority parenting matters. Priority parenting matters refers to a limited list of situations:

  • When time-sensitive decisions need to be made about a child's health (including giving or withdrawing consent for treatment) and other guardians won't agree.
  • When a passport, licence, benefit, or other thing is needed for a child, but other guardians can't agree and delay will result in risk to the child's wellbeing.
  • When consent to travel or participate in an activity is being wrongfully denied.
  • When a guardian is planning to move with the child, no order or agreement exists, and the move will harm the child's relationship with another guardian.
  • In response to certain interventions by a director under the Child, Family and Community Service Act to have the child removed from the care of someone.


When to make an application[edit]

You can make an application any time after an Application to Obtain an Order has been filed.

If the registry the action is filed in is a Family Justice Registry (currently Kelowna, Nanaimo, Surrey, or Vancouver (Robson Square) registry), you may have to meet with a family justice counsellor before you can make your application. Note that the Victoria registry also has a unique court process as of 2019. Read the Victoria Early Resolution and Case Management Model section in the chapter Resolving Family Law Problems in Court.

Where there is a genuine emergency, however, you can make your application without having to first see the family justice counsellor, and without having to give notice or very much notice to the other side.

How to make an application[edit]

The only court form you will need is a Notice of Motion (Form 16). The form is available online. See the Provincial Court Forms section. Your Notice of Motion tells the court the orders that you want the court to make.

You must file your Notice of Motion in the court registry where the Application to Obtain an Order was filed. The staff may book a date for the hearing of your application right there. If the court registry for your matter is a family justice registry (currently Kelowna, Nanaimo, Surrey or Vancouver (Robson Square) registry), staff may need you to go to a first meeting with a family justice counsellor and the other side before booking the date. The hearing date will be written on your Notice of Motion.

You must serve the filed Notice of Motion on the other side at least seven days before the date set for the hearing, along with a copy of any documents you intend to use at the hearing.

The rules[edit]

  • Rule 12: How to make an interim application
  • Rule 13: The rule about affidavits
  • Rule 5: The Family Justice Registry rule

For more information[edit]

The BC Government has introduced an online tool for applying for family law orders and completing the necessary forms. Visit the online guide: Complete your Provincial Court Family Law Act (FLA) Forms.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Samantha Simpson, June 11, 2019.


v • d • e
 
Marriage, Separation & Divorce
Avoiding an Obligation
Alternatives to Court
Agreements
Starting an Action
Defending an Action
Interim Applications
Affidavits
Courtroom Protocol
Appealing a Decision
Other Litigation Issues
Miscellaneous
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Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

(1) A person charged with the legal care of someone under a legal disability. (2) A term under the Family Law Act referring to a person, including a parent, who is responsible for the care and upbringing of a child through the exercise of parental responsibilities. See "disability," "parental responsibilities" and "parenting time."

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

A legal document required by the Provincial Court Family Rules to start a court proceeding which sets out the relief sought by the applicant against the person named as respondent. See "action," "applicant," "pleadings," "relief" and "respondent."

(1) A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched, and reviewed, or (2) a courthouse.

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched and reviewed.

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

An application, also called an "interlocutory application," made after the start of a court proceeding but before its conclusion, usually for temporary relief pending the final resolution of the proceeding at trial or by settlement. In family law, interim applications are useful to determine issues like where the children will live, who will pay child support, and whether spousal support should be paid on a rough and ready basis. See "application" and "interim order."

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