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

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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.
+
The process for dealing with ''priority parenting matter'' applications is different from how you respond to regular applications for family law orders in Provincial Court. Things happen much quicker, so you need to watch your time.
  
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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).
+
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. They will also serve other documents that they <span class="noglossary">will</span> use at the hearing. The hearing date <span class="noglossary">will</span> likely 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 even less. If you want to know the steps an applicant needs to take to start their priority parenting matter application, read [[How Do I Make a Priority Parenting Matter Application in the Provincial Court?]], which is also here in the Helpful Guides and Common Questions section.
  
−
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.  
+
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]. Also, you should look into 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 is not only for applicants, but application respondents too. This tool helps you prepare documents online, and it can save you time.  
  
 
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.
 
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.
 +
 +
For more information, look into [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 priority applications. If do consult the Legal Aid BC guide, remember that the form you are responding to is ''Form 15'' (since the guide covers a few other kinds of applications).
  
 
==The rules==
 
==The rules==

Revision as of 18:12, 3 November 2023

JP Boyd on Family Law
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JP Boyd on Family Law.
See the full contents
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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 process for dealing with priority parenting matter applications is different from how you respond to regular applications for family law orders in Provincial Court. Things happen much quicker, so you need to watch your time.

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. They will also serve other documents that they will use at the hearing. The hearing date will likely 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 even less. If you want to know the steps an applicant needs to take to start their priority parenting matter application, read How Do I Make a Priority Parenting Matter Application in the Provincial Court?, which is also here in the Helpful Guides and Common Questions section.

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. Also, you should look into the relatively new Apply for a Family Law Act Order tool from the BC Government, which is not only for applicants, but application respondents too. This tool helps you prepare documents online, and it can save you time.

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.

For more information, look into Legal Aid BC's Family Law website's practical guide on how to respond to priority applications. If do consult the Legal Aid BC guide, remember that the form you are responding to is Form 15 (since the guide covers a few other kinds of applications).

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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