Anonymous

Difference between revisions of "Introduction to Family Law in British Columbia"

From Clicklaw Wikibooks
Line 126: Line 126:
There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. The Court of Appeal is the highest court in the province and the Provincial Court is the lowest. The Provincial Court and the Supreme Court are ''trial courts'', which means that if the people involved in a court case (the ''parties'' or the ''litigants'') can't solve a legal problem for themselves, the court can make decisions resolving those problems for them, after hearing from witnesses and considering the other evidence presented at a formal trial. The Court of Appeal is an ''appeal court'', meaning that it doesn't hold trials, it just hears arguments about whether the decision of a trial court was correct or incorrect. Most family law litigation happens in the Provincial Court and the Supreme Court.  
There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. The Court of Appeal is the highest court in the province and the Provincial Court is the lowest. The Provincial Court and the Supreme Court are ''trial courts'', which means that if the people involved in a court case (the ''parties'' or the ''litigants'') can't solve a legal problem for themselves, the court can make decisions resolving those problems for them, after hearing from witnesses and considering the other evidence presented at a formal trial. The Court of Appeal is an ''appeal court'', meaning that it doesn't hold trials, it just hears arguments about whether the decision of a trial court was correct or incorrect. Most family law litigation happens in the Provincial Court and the Supreme Court.  


The branch of the Provincial Court that deals with family law is called the Provincial (Family) Court. Other branches of the Provincial Court include the Provincial (Youth) Court and the Provincial (Small Claims) Court. (When this resource talks about the Provincial (Family) Court, it will just say the Provincial Court.) The Provincial Court can deal with:
The branch of the Provincial Court that deals with family law is called the Provincial (Family) Court. Other branches of the Provincial Court include the Provincial (Youth) Court and the Provincial (Small Claims) Court. (When this resource talks about the Provincial (Family) Court, it will just say "Provincial Court.") The Provincial Court can deal with:


*guardianship of children under the ''[[Family Law Act]]'',  
*guardianship of children under the ''[[Family Law Act]]'',