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

726 bytes added, 20:51, 24 October 2023
What happens next?
==What happens next?==
Once you've filed your Notice of Family Claim, you must arrange to have it served on the other side. You cannot serve the other person yourself, you must get someone else to do that for you, whether that person is a professional process server or a helpful friend. . The person who serves the Notice of Family Claim should swear an Affidavit of Personal Service in Form F15 which is proof . This affidavit gives the courts the guarantee that the service was carried outyour spouse has been served and that they know a family case has been started.
===Response and counterclaim===After the other person has been served, they <span class="noglossary">will</span> have 30 days to file a Response to Family Claimin Form F4. The other side may also file a form called a Counterclaimin Form F5. If this happens, the other side is making a claim of their own against you, and you will need to prepare a Response to Counterclaim in Form F6.
When you have received the other personOnce all of those forms are filed and served (collectively, these forms are called ''pleadings''), it's Response safe to Family Claimsay the family law case has begun. There may be many steps that follow, you <span class="noglossary">will</span> have up to set up a judicial case conference (JCC). You can do this and including trial, but the family law action is now an open file with a special form called a Notice of Judicial Case Conference in Form F19, that the registry <span class="noglossary">courts. I will</span> have on handdescribe one more step, however.
A ===The Judicial Case Conference===This step is worth noting because it is practically mandatory to participate in a Judicial Case Conference (or JCC) before further steps in your family law case can be taken. When you have received the other person's Response to Family Claim, you <span class="noglossary">will</span> have to set up a JCC. The form to do this is called a Notice of Judicial Case Conference in Form F19, and the registry <span class="noglossary">will</span> have it on hand.  More information about JCCs and the rules that govern them is available in the [https://supremecourtbc.ca/family-law/before-trial/judicial-case-conference/judicial-case-conference-introduction Online Help Guide] produced by the Justice Education Society. But essentially, a JCC is an informal hearing before a judge or master intended to <span class="noglossary">review</span> the issues between the parties, and see what issues can be agreed on and what can't be. The judge or master <span class="noglossary">will</span> also canvass different ways of settling the action. It's not uncommon for entire family law disputes to resolve at one of these conferences.
It can be very important to have a JCC as soon as possible, as most applications for interim orders can't be made until a JCC happens. There are some exceptions to this rule:
*if there is an emergency and you have to make your application without notice to the other side.
More information about JCCs and the rules that govern them is available in the [https://supremecourtbc.ca/family-law/before-trial/judicial-case-conference/judicial-case-conference-introduction Online Help Guide] produced by the Justice Education Society..
{{REVIEWED | reviewer = [[Mark Norton]] and [[Stephanie Pesth]], September 14, 2023}}