Open main menu

Clicklaw Wikibooks β

Changes

How Do I Start a Family Law Action in the Provincial Court?

251 bytes removed, 22:18, 12 June 2019
no edit summary
| link = [http://www.familylaw.lss.bc.ca/guides/final/cantAgree/provincial/apply/index.php starting a family law action<br/> in Provincial Court]
}}
Starting a court proceeding in the Provincial Court is fairly straightforward. Essentially, you have to fill out a document called an Application to Obtain an Order and file it in the registry of the court closest to you. In some cases, you will fill out a document called an Application to Change or Cancel an Order in Form 2 where there is already a court order or separation agreement in place.
There are no filing fees, and the court will tell you how to go about serving the other side.
==When to use the Provincial Court==
The authority of the Provincial Court is limited and it can only deal with certain issues. You should can use the Provincial Court when the things you need to deal with involve any of the following:
*guardianship of children,
Once you've filed your Application to Obtain an Order, you'll have to have it served on the other person and get your process server to complete an Affidavit of Service. Once the other person has been served, they will have 30 days to file a form called a Reply, and, if either of you are making a claim for spousal support or child support, their Financial Statement as well. The court will mail you a copy of these documents.
they
When the court receives the other person's Reply, the court will normally set up an appointment for you to meet with a family justice counsellor or schedule a date for an initial meeting with the court, called a first appearance. The family justice counsellor's job is to see whether any of your issues can be resolved, to give you information about the law and other dispute resolutions and to try, if you're interested, to mediate your dispute. The family justice counsellor can also prepare consent orders, that is, an order that you and the other person both agree the court should make.
If you are unable to reach When the court receives the other person's Reply, the court will normally schedule a date for an agreement after seeing initial meeting with the family justice counsellorcourt, called a first appearance. In certain registries there may be other requirements that you can ask to must meet before your first appearance. For example you may be referred required to meet with a judge for a hearing of family justice counsellor or take the issuesParenting After Separation Course. The court registry will book a time for the hearing and send a notice of the hearing let you know what steps you have to you and the other sidetake.
==For more information==
{{REVIEWED | reviewer = [[Thomas WallworkJulie Brown]], May 9June 12, 20172019}}
{{JP Boyd on Family Law Navbox|type=how}}
Julie Brown
34
edits
Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/43200"