Difference between revisions of "How Do I Reply to a Priority Parenting Matter Application in the Provincial Court?"
Nate Russell (talk | contribs) m (Nate Russell moved page How Do I Reply to an Interim Application in a Family Law Matter in the Provincial Court? to How Do I Reply to a Priority Parenting Matter Application in the Provincial Court?: new title for edition 2020) |
Nate Russell (talk | contribs) (2023 HGCQ updates) |
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==Replying to the application== | ==Replying to the application== | ||
+ | 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. | ||
− | + | 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). | |
− | There is no document that you must file to reply to the application, | + | 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. |
− | Whether you file a | + | 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== | ||
+ | Consult the [https://canlii.ca/t/b8rn Provincial Court Family Rules]: | ||
+ | *Rule 75-79: Rules about applications for priority parenting matters | ||
+ | *Rule 171-175: The rule about affidavits | ||
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− | + | {{REVIEWED | reviewer = [[Matthew Ostrow]], September 19, 2023}} | |
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− | {{REVIEWED | reviewer = [[ | ||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
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{{Creative Commons for JP Boyd}} | {{Creative Commons for JP Boyd}} | ||
− | [[Category: | + | [[Category:Helpful Guides & Common Questions?|R]] |
[[Category:Interim Applications in a Family Law Action]] | [[Category:Interim Applications in a Family Law Action]] | ||
[[Category:JP Boyd on Family Law]] | [[Category:JP Boyd on Family Law]] |
Revision as of 23:09, 2 November 2023
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. |
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