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Difference between revisions of "Interim Applications and Provincial Court Family Law Proceedings"
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Interim Applications and Provincial Court Family Law Proceedings (view source)
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Most Provincial Court family proceedings are started by a party filing a Form 3 Application About a Family Law Matter. For these cases, interim orders are typically sought after the claimant has filed and served their Form 3, and once the respondent has filed and served their Form 6 Reply to an Application About a Family Law Matter (along with any Form 4 Financial Statements that are often required). | Most Provincial Court family proceedings are started by a party filing a Form 3 Application About a Family Law Matter. For these cases, interim orders are typically sought after the claimant has filed and served their Form 3, and once the respondent has filed and served their Form 6 Reply to an Application About a Family Law Matter (along with any Form 4 Financial Statements that are often required). | ||
The Family Management Conference ( | The Family Management Conference (FMC) typically offers the first opportunity for either party to request interim orders about the big family law issues that bring people to court, such as child support, spousal support, parenting arrangements, guardianship, and the other issues defined in the Provincial Court Family Rules as ''family law matters''. The Provincial Court Family Rules encourages parties to resolve their family law matters at the FMC, even if only a temporary resolution is possible. This could include an interim plan for what support payments and parenting time schedules should look like should a final resolution need to wait for a full trial. When even interim issues are not able to be resolved following an FMC, the judge or family justice manager usually books the parties for a further FMC (where more or different interim orders could be made) or for trial (where final orders are made). If requested by a party or suggested by a judge, a judge might also decide that the matter should go to a Family Settlement Conference. See the section on [[Conferences and Provincial Court Family Law Proceedings]] in this chapter for more details. | ||
===Interim applications and other matters=== | ===Interim applications and other matters=== | ||
There are times when orders for issues — issues outside of the typical definition of ''family law matters'' — need to be handled more directly and with less of a wait. Urgent issues, specific ''priority parenting matters'', protection orders, and some case management issues or enforcement actions may justify a process that bypasses the usual steps required in applications about family law matters. The Provincial Court Family Rules sets out pathways, and special forms, for the common circumstances when an interim application must be handled earlier than is normal. These applications can be made whether or not someone has filed a Form 3 Application About a Family Law Matter. | There are times when orders for issues — issues outside of the typical definition of ''family law matters'' — need to be handled more directly and with less of a wait. Urgent issues, specific ''priority parenting matters'', protection orders, and some case management issues or enforcement actions may justify a process that bypasses the usual steps required in applications about family law matters. | ||
The Provincial Court Family Rules sets out pathways, and special forms (see the list below), for the common circumstances when an interim application must be handled earlier than is normal. These applications can be made whether or not someone has filed a Form 3 Application About a Family Law Matter. | |||
Be sure to look at the official government ''guidebooks'' that the government recently put together for some of the most important court forms under the Provincial Court Family Rules. You can downloadable them as PDFs directly from the BC Government's ''[https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms Provincial Family Forms]'' webpage, or look for the forms with a guidebook link in the table of [[Provincial Court Forms (Family Law)]]. | |||
Common procedures for interim applications in Provincial Court include: | Common procedures for interim applications in Provincial Court include: | ||
* [[PCFR Form 12 Application About a Protection Order|Form 12 Application About a Protection Order]] — used to ask the judge for an order that protects a family member from another family member under Part 9 of the ''[[Family Law Act]]''. | * [[PCFR Form 12 Application About a Protection Order|Form 12 Application About a Protection Order]] — used to ask the judge for an order that protects a family member from another family member under Part 9 of the ''[[Family Law Act]]''. See the section on [[Family Violence in the Family Law Act and the Divorce Act]] in the [[Family Violence Overview|Family Violence]] chapter for more information on applying for protection orders. Protection order applications are treated urgently by the court. A judge may decide it without waiting for the other party if necessary. | ||
* [[PCFR Form 15 Application About Priority Parenting Matter|Form 15 Application About Priority Parenting Matter]] — used when a decision needs to be made quickly about a ''priority parenting matter'' that the guardians do not agree on. These priority issues are specific, and defined in the Provincial Court Family Rules. Examples include consents for travel or medical treatment for a child, when a child is wrongfully removed or abducted, or when the child protection authorities become involved. | * [[PCFR Form 15 Application About Priority Parenting Matter|Form 15 Application About Priority Parenting Matter]] — used when a decision needs to be made quickly about a ''priority parenting matter'' that the guardians do not agree on. These priority issues are specific, and defined in the Provincial Court Family Rules. Examples include consents for travel or medical treatment for a child, when a child is wrongfully removed or abducted, or when the child protection authorities become involved. The [[PCFR Form 15 Application About Priority Parenting Matter|Form 15 Application About Priority Parenting Matter]] page of this resource links to a guidebook for this form that provides detailed instructions and examples. | ||
* [[PCFR Form 16 Application for Order Prohibiting the Relocation of a Child|Form 16 Application for Order Prohibiting the Relocation of a Child]] — used by the objecting party when there is an existing order or agreement about parenting arrangements, but the other party wants to move away with a child and has given written notice to the objecting party of their intention to do this under section 66 of the ''[[Family Law Act]]''. If no order or written agreement exists, parties should use the Form 15 Application About a Priority Parenting Matter process, whether that party wants to relocate the child or is opposing a potential relocation. Applications to prevent relocations have strict timelines and it is best to get legal advice as soon as possible if this is an issue. | * [[PCFR Form 16 Application for Order Prohibiting the Relocation of a Child|Form 16 Application for Order Prohibiting the Relocation of a Child]] — used by the objecting party when there is an existing order or agreement about parenting arrangements, but the other party wants to move away with a child and has given written notice to the objecting party of their intention to do this under section 66 of the ''[[Family Law Act]]''. If no order or written agreement exists, parties should use the Form 15 Application About a Priority Parenting Matter process, whether that party wants to relocate the child or is opposing a potential relocation. Applications to prevent relocations have strict timelines and it is best to get legal advice as soon as possible if this is an issue. | ||
* [[PCFR Form 29 Application About Enforcement|Form 29 Application About Enforcement]] — used when a party needs to enforce a term in a court order, parenting coordinator's determination, or written agreement that the other party is not following (for example, not paying support as agreed). | * [[PCFR Form 29 Application About Enforcement|Form 29 Application About Enforcement]] — used when a party needs to enforce a term in a court order, parenting coordinator's determination, or written agreement that the other party is not following (for example, not paying support as agreed). | ||
* Case management orders: | * Case management orders: | ||
** [[PCFR Form 10 Application for Case Management Order|Form 10 Application for Case Management Order]] — used to apply for ''case management orders'' which require the other party to have notice (i.e. the judge is not going to hear your application without the other side knowing about it), and when the parties need to appear before a judge. This includes adjourning a court appearance, cancelling a subpoena, appointing a lawyer for a child, and so on. If the other party agrees to the order you want, | ** [[PCFR Form 10 Application for Case Management Order|Form 10 Application for Case Management Order]] — used to apply for ''case management orders'' which require the other party to have notice (i.e. the judge is not going to hear your application without the other side knowing about it), and when the parties need to appear before a judge. This includes adjourning a court appearance, cancelling a subpoena, appointing a lawyer for a child, and so on. Any procedural issue to help manage the case can be dealt with via Form 10 and getting a court appearance, but it's a good practice to first ask the other side if they will consent. If the other party agrees to the order you want, and if you both sign a [[PCFR Form 18 Consent Order|Form 18 Consent Order]] and file it with your Form 10, a judge can usually approve the case management order without you or the other side needing to make a court appearance. | ||
** [[PCFR Form 11 Application for Case Management Order Without Notice or Attendance|Form 11 Application for Case Management Order Without Notice or Attendance]] — used to ask the judge for case management orders that do not need to involve the other, such as permission to use another method of attendance (e.g. video conference), to serve documents on another party by some other method than personal service, or to extend a deadline for filing a court document. | ** [[PCFR Form 11 Application for Case Management Order Without Notice or Attendance|Form 11 Application for Case Management Order Without Notice or Attendance]] — used to ask the judge for case management orders that do not need to involve the other, such as permission to use another method of attendance (e.g. video conference), to serve documents on another party by some other method than personal service, or to extend a deadline for filing a court document. Form 11 applications are usually decided by a judge on the paperwork alone, without a hearing, given their urgent or procedural nature. See the page on [[PCFR Form 11 Application for Case Management Order Without Notice or Attendance|Form 11 Case Management Order Without Notice or Attendance]] and the linked guidebook for guidance on urgent without notice requests. Note: Choosing the correct form is important — if your request actually affects the other party, use Form 10 to avoid delays. Form 11 is reserved for matters that truly don't involve the other side. | ||
* [[PCFR Form 39 Request for Scheduling|Form 39 Request for Scheduling]] — used if it's been less than a year since a party took any steps in the proceeding, and when certain conditions also apply (as spelled out on the form), for example a party is applying for an interim order after completing a Family Management Conference. | * [[PCFR Form 39 Request for Scheduling|Form 39 Request for Scheduling]] — used if it's been less than a year since a party took any steps in the proceeding, and when certain conditions also apply (as spelled out on the form), for example a party is applying for an interim order after completing a Family Management Conference. | ||
==Bringing an application== | ==Bringing an application== | ||
The person bringing the application, who we'll call the ''applicant'', must file their form, and then (unless the procedure is ''without notice'') serve a copy of the application on all of the other parties, who we'll call the ''application respondents''. | The person bringing the application, who we'll call the ''applicant'', must file their form, and then (unless the procedure is ''without notice'') serve a copy of the application on all of the other parties, who we'll call the ''application respondents''. There are no fees for filing Provincial Court family documents. | ||
Usually it's required to give the other party notice about any interim application that will have an impact on them, and to serve them with the forms. As mentioned above, there are some case management orders that do not really affect the other party and so those applications are routinely allowed without notice to the other party (e.g. Form 11 Application About a Case Management Order Without Notice or Attendance). For every other application, including a Form 39 Request for Scheduling, you must give notice to the other party unless you have a court order allowing you not to give notice. You must look at each application to ensure you are giving enough notice (usually at least seven days). | Usually it's required to give the other party notice about any interim application that will have an impact on them, and to serve them with the forms. As mentioned above, there are some case management orders that do not really affect the other party and so those applications are routinely allowed without notice to the other party (e.g. Form 11 Application About a Case Management Order Without Notice or Attendance). For every other application, including a Form 39 Request for Scheduling, you must give notice to the other party unless you have a court order allowing you not to give notice. You must look at each application to ensure you are giving enough notice (usually at least seven days). | ||
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*''[[Family Law Act]]'' | *''[[Family Law Act]]'' | ||
* | * [https://canlii.ca/t/b8rn Provincial Court Family Rules] | ||
===Resources=== | ===Resources=== | ||
* [https://justice.gov.bc.ca/apply-for-family-order/ Apply for a Family Law Act Order (Online FLA Assistant)] service from Ministry of Attorney General for Provincial Court orders | |||
* [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms Provincial Court Family Forms and Guidebooks] information page from BC Government | |||
* [https://justice.gov.bc.ca/ | |||
* [https:// | |||
