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Difference between revisions of "Resolving Family Law Problems in Court"
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Resolving Family Law Problems in Court (view source)
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{{DEMOWARNING}}{{JP Boyd on Family Law TOC|expanded = incourt}}{{JPBOFL Editor Badge | {{DEMOWARNING}}{{JP Boyd on Family Law TOC|expanded = incourt}}{{JPBOFL Editor Badge | ||
|ChapterEditors = [[Kendra Marks]] and [[Iris Turaglio]] | |||
|ChapterEditors = [[ | |||
}} | }} | ||
The process of starting a court proceeding and wrapping it up at trial can be complicated. This chapter | The process of starting or responding to a court proceeding and wrapping it up at trial can be complicated, but it is manageable if you learn about the court process before you start it, or as soon as you are served with court papers. | ||
This chapter offers an overview of how family law litigation works, and provides some general points to consider regardless of whether you go to BC Supreme Court or BC Provincial Court. | |||
This section provides a thumbnail sketch of the basic court process common to all family law court proceedings | For specific guidance on the stages and processes for the two levels of court in BC that hear family law trials, see the dedicated chapters for: | ||
* [[Family Law Litigation in Supreme Court]], and | |||
* [[Family Law Litigation in Provincial Court]] | |||
This section provides a thumbnail sketch of the basic court process common to all family law court proceedings, with some details for just the Provincial Court and some for just the Supreme Court. | |||
==Hold on for a minute, do you really have to go to court?== | ==Hold on for a minute, do you really have to go to court?== | ||
| Line 42: | Line 47: | ||
==Okay, I'm going to court. Which court do I go to?== | ==Okay, I'm going to court. Which court do I go to?== | ||
Before getting any deeper into this chapter, go review the chapter [[Understanding the Legal System for Family Law Matters]] | Before getting any deeper into this chapter, go review the first section of the chapter [[Understanding the Legal System for Family Law Matters]]You will also want to read this chapter's section on [[The Court System for Family Matters|The Court System]]. You'll learn there are two courts that hear trials in British Columbia, the ''[https://www.provincialcourt.bc.ca/ Provincial Court]'' and the ''[https://www.bccourts.ca/supreme_court/ Supreme Court]''. These courts are very different from one another. | ||
The Provincial Court deals with issues relating to parenting children, child support, spousal support, and orders protecting people under the ''[[Family Law Act]]''. The Supreme Court has the authority to deal with all of those issues, but can also deal with issues about parentage, dividing property and debt, and orders protecting property under the act. Only the Supreme Court has the authority to make orders under the ''[[Divorce Act]]'', including orders for divorce. This chart shows which trial court can deal with which family law problem: | The Provincial Court deals with issues relating to parenting children, child support, spousal support, companion animals (i.e. pets), and orders protecting people under the ''[[Family Law Act]]''. The Supreme Court has the authority to deal with all of those issues, but can also deal with issues about parentage, dividing property and debt, and orders protecting property under the act. Only the Supreme Court has the authority to make orders under the ''[[Divorce Act]]'', including orders for divorce. This chart shows which trial court can deal with which family law problem: | ||
::{| width="65%" class="wikitable" | ::{| width="65%" class="wikitable" | ||
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!style="width: 20%" align="center"|Provincial Court | !style="width: 20%" align="center"|Provincial Court | ||
|- | |- | ||
|align="center"|'''Claims under the ''Divorce Act'''''||align="center"|All claims|| | |align="center"|'''Claims under the ''Divorce Act'''''||align="center"|All claims||align="center"|No claims | ||
|- | |- | ||
|align="center"|'''Claims under the ''Family Law Act'''''||align="center"|All claims||align="center"|Some but not all claims | |align="center"|'''Claims under the ''Family Law Act'''''||align="center"|All claims||align="center"|Some but not all claims | ||
|- | |- | ||
|align="center"|'''Divorce'''||align="center"|Yes|| | |align="center"|'''Divorce'''||align="center"|Yes||align="center"|No | ||
|- | |- | ||
|align="center"|'''Guardianship and<br/>parenting children'''||align="center"|Yes||align="center"|Yes | |align="center"|'''Guardianship and<br/>parenting children'''||align="center"|Yes||align="center"|Yes | ||
| Line 65: | Line 68: | ||
|align="center"|'''Child support'''||align="center"|Yes||align="center"|Yes | |align="center"|'''Child support'''||align="center"|Yes||align="center"|Yes | ||
|- | |- | ||
|align="center"|'''Children's property'''||align="center"|Yes|| | |align="center"|'''Children's property'''||align="center"|Yes||align="center"|No | ||
|- | |- | ||
|align="center"|'''Spousal support'''||align="center"|Yes||align="center"|Yes | |align="center"|'''Spousal support'''||align="center"|Yes||align="center"|Yes | ||
| Line 73: | Line 76: | ||
|align="center"|'''Orders protecting people'''||align="center"|Yes||align="center"|Yes | |align="center"|'''Orders protecting people'''||align="center"|Yes||align="center"|Yes | ||
|- | |- | ||
|align="center"|'''Orders protecting property'''||align="center"|Yes|| | |align="center"|'''Orders protecting property'''||align="center"|Yes||align="center"|No | ||
|} | |} | ||
