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|resourcetype = further step-by-step information on
|link = [http://www.clicklaw.bc.ca/resource/2278 How to start a family law case<br/> in Supreme Court]
}}The ''claimant'', the person starting the court proceeding, must fill out a ''Notice of Family Claim '' in Form F3 and file the claim in courtto start a court proceeding. The Notice of Family Claim providescertain information, including: the claimant's name and address; the name and address of the person against whom the claim is made, the ''respondent''; the basic history of the parties' relationship; the names and birthdates of any children; and, an outline of the orders the claimant would like the court to make.
The Notice of Family Claim must be filed in the court registry and be personally served on the respondent. If you're asking for a divorce order, you'll have to fill out a Registration of Divorce Proceeding form when you file your Notice of Family Claim. It currently costs $200 to file a Notice of Family Claim, or $210 if the claim includes a claim for a divorce. When you file any document in Supreme Court, including the Notice of Family Claim, the registry will keep the original of the document. You will want to make and keep at least two additional copies, one for you to keep and one to give to the other party. ''Personal service'' means physically handing the Notice of Family Claim to the respondent. The ''[[Divorce Act]]'' and Rule 6-3(2) of the Supreme Court Family Rules say that a claimant cannot serve a respondent themselves. You must either pay a process server to do it or enlist the help of a friend over the age of majority. Although this ought to go without saying, don''Don't use one of your children to serve your ex.''
===Deadline for reply===
The respondent has 30 days to file a ''Response to Family Claim '' after being served with the claimant's your Notice of Family Claim. If the respondent doesn't do this, the claimant you may be able to apply for get the orders you asked for in the your Notice of Family Claim as a ''default judgment'', a final order made in default of the court makes when the respondentdoesn's reply (and possibly without further notice t file a Response to the respondent)Family Claim.
You should be aware that judges can be fairly lenient towards people who miss filing deadlines. A claimant should not expect to win on a technicality like this. If a respondent files their Response to Family Claim late, the court will usually give the respondent an extension of time and overlook the missed due date. However, if the respondent just ignores you and ignores your claim, at some point the court will make the order you're asking for.
Sometimes a respondent will not reply to a Notice of Family Claim because they agree to the orders the claimant is asking for. This often happens when the claimant is just asking for a divorce. In a case like this, the court proceeding will qualify as an "undefended family law case" and you can apply for a default judgment under Rule 10-10 of the Supreme Court Rules. For more information about the do-it-yourself divorce process, see the [[Divorce and the Law on Getting Divorced]] section in the [[Separating and Getting Divorced]] chapter.
===The next steps===
If the respondent has chosen to file a Response to Family Claim, they have decided to oppose some or all of the orders you are asking for in your claim(s). This doesn't mean that you're necessarily going to wind up in a trial, but it does mean that, at least for now, the respondent disagrees with at least some or all of the orders you're asking for. One of three things is going to happen in your court proceeding: #You'll settle your disagreement out of court, and come up with either a separation agreement or an order that you both agree the court should make, called a consent order.#You'll not be able to agree, and the intervention of the court at a trial will be required.#After some initial scuffles, neither you nor the respondent will take any further steps in the court proceeding and the proceeding will languish. For more information on the next steps in a family law proceeding when the Respondent has filed a Response to Family Claim, see [[Overview of Case Conferences and Discovery in Family Law Matters]] in this chapter. If the respondent does not file a Response to Family Claim, then the Respondent has chosen not to oppose your claim(s). In that situation, the family law proceeding is characterized as "an undefended family law case" and you can apply for a default judgment under Rule 10-10 of the Supreme Court Rules. Under that rule, if the orders being sought are relatively straightforward, then the Claimant can apply for final orders by way of a desk order application, meaning that a requisition, supporting affidavit(s) outlining the Claimant's evidence, and a few other documents (listed in Rule 10-10(2)) are submitted to the registry and reviewed by a judge at his or her desk when the judge finds time to do so. If the orders being sought have any complexity to them, then Rule 10-10 also allows the case to be set for trial. <!---HIDDEN==Further Reading in this Chapter== Return to the <span style="color: red;">first page</span> in this chapter.
==Resources and links==