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

From Clicklaw Wikibooks
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==Replying to the application==
 
==Replying to the application==
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The person making an priority parenting matter application, the ''applicant'', will probably serve you with their Form 15 Application About Priority Parenting Matter at least seven days before the date of the hearing, along with any other documents they <span class="noglossary">will</span> be using at the hearing. The hearing date <span class="noglossary">will</span> usually have been fixed by the court registry, not by the applicant. It's possible that the applicant may be serving you with fewer than seven days notice if they had obtained permission from the court to have the matter heard on ''short leave'', in which case your time to prepare could be less.
  
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The person making an interim application, the ''applicant'', must serve you with their Notice of Motion in Form 16 at least seven days before the date of the hearing, along with any other documents they <span class="noglossary">will</span> be using at the hearing. The hearing date <span class="noglossary">will</span> usually have been fixed by the court registry, not by the applicant.
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See [https://family.legalaid.bc.ca/bc-legal-system/ive-been-served-court-form/served-provincial-court-form/respond-to-form-10-12-15-16-or-29 Legal Aid BC's Family Law website's practical guide on how to respond to applications such as this]. If you look at the guide from Legal Aid BC, remember that the form you are responding to is ''Form 15'' (since the guide mentions several kinds of processes).
  
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There is no document that you must file to reply to the application, although it is possible to respond using the Reply form used to respond to Applications to Obtain an Order. The Reply form is available online. See the [[Provincial Court Forms (Family Law)|Provincial Court Forms]] section.  
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There is no document that you must file to reply to the application, but you can respond using the Form 19 Written Response to Application. Form 19 is available online. See the [https://family.legalaid.bc.ca/forms/provincial Legal Aid BC's helpful list of Provincial Court forms], but also see the relatively new [https://justice.gov.bc.ca/apply-for-family-order/ Apply for a Family Law Act Order] tool from the BC Government, which helps you prepare documents online.  
  
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Whether you file a Reply or not, you must show up on the date set for the hearing or the court may make the order sought by the applicant. Make sure that you bring any important documents with you that <span class="noglossary">will</span> help at the hearing of the application.
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Whether you file a written response or not, you must show up on the date set for the hearing or the court may make the order sought by the applicant. Make sure that you bring any important documents with you that <span class="noglossary">will</span> help at the hearing of the application.
  
 
==The rules==
 
==The rules==
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Consult the [https://canlii.ca/t/b8rn Provincial Court Family Rules]:
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*Rule 75-79: Rules about applications for priority parenting matters
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*Rule 171-175: The rule about affidavits
  
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*Rule 12: How to make an interim application
 
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*Rule 13: The rule about affidavits
 
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*Rule 5: The Family Justice Registry rule
 
  
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==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]].
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{{REVIEWED | reviewer = [[Matthew Ostrow]], September 19, 2023}}
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{{REVIEWED | reviewer = [[Samantha Simpson]], June 11, 2019}}
 
  
 
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Revision as of 23:09, 2 November 2023

JP Boyd on Family Law
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This page is
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

Replying to the application[edit]

The person making an priority parenting matter application, the applicant, will probably serve you with their Form 15 Application About Priority Parenting Matter at least seven days before the date of the hearing, along with any other documents they will be using at the hearing. The hearing date will usually have been fixed by the court registry, not by the applicant. It's possible that the applicant may be serving you with fewer than seven days notice if they had obtained permission from the court to have the matter heard on short leave, in which case your time to prepare could be less.

See Legal Aid BC's Family Law website's practical guide on how to respond to applications such as this. If you look at the guide from Legal Aid BC, remember that the form you are responding to is Form 15 (since the guide mentions several kinds of processes).

There is no document that you must file to reply to the application, but you can respond using the Form 19 Written Response to Application. Form 19 is available online. See the Legal Aid BC's helpful list of Provincial Court forms, but also see the relatively new Apply for a Family Law Act Order tool from the BC Government, which helps you prepare documents online.

Whether you file a written response or not, you must show up on the date set for the hearing or the court may make the order sought by the applicant. Make sure that you bring any important documents with you that will help at the hearing of the application.

The rules[edit]

Consult the Provincial Court Family Rules:

  • Rule 75-79: Rules about applications for priority parenting matters
  • Rule 171-175: The rule about affidavits


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Matthew Ostrow, September 19, 2023.


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 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 party who brings an application to the court for a specific order or remedy. Usually refers to the party making an interim application, but in the Provincial Court applicant also means the person who starts a court proceeding. See also "court proceeding," "application respondent," and "interim application."

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."

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, an answer or rebuttal to a claim made or a defence raised by the other party to a court proceeding or legal dispute. See "action," "claim," "defence" and "rebut."

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."

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