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The Court System for Family Matters

37 bytes removed, 20:09, 29 September 2022
Removed link to the Early Resolution Registries page which is not going to be used
The person who starts a proceeding in the Provincial Court is the ''applicant''. The person against whom the court proceeding is brought is the ''respondent''.
An applicant starts by filing a form, although a different form is needed for ''[[Early Resolution Registries of BC Provincial Court]]'' than in other Provincial Court registry locations. To read more about the Early Resolution process in Victoria and Surrey see the [https://www.clicklaw.bc.ca/resource/4843 BC Ministry of Attorney General's website], which also makes available a brochure with a simplified process map. The procedures explained below do not apply to the Early Resolution Registries.
In most Provincial Court registries, however, you start by filing an Application About a Family Law Matter in [[PCFR Form 3 Application About a Family Law Matter|Form 3]] and then serving it on each person named as a respondent. The form must be ''personally served'' on the respondent by an adult other than the applicant — you can't do it yourself. The respondent has 30 days to answer the claim by filing a Reply to an Application About a Family Law Matter in [[PCFR Form 6 Reply to an Application About a Family Law Matter|Form 6]] at the court registry. The court clerk will send a copy of the Reply to the applicant. The Reply can also be used to make a ''counterclaim'', the respondent's own claim against the applicant. A respondent who does not file a Reply to an Application About a Family Law Matter is not entitled to notice of further hearings in the case!
After the proceeding has been started, registry locations usually require the parties (if there is a matter involving children) to attend a ''parenting after separation course'', and the Family Justice Registries further require the parties to meet with a ''family justice counsellor'' for a family needs assessment before they can go to see a judge. Family justice counsellors are government employees trained in mediation who can help with issues about the care of children, child support, and spousal support.