How Do I Change Something in My Notice of Family Claim?

The pleadings

Pleadings are the documents that start a court proceeding or reply to a court proceeding. The information and terms below (including the form name Notice of Family Claim) apply to claims filed in the Supreme Court. This information is not applicable to claims in the Provincial Court.

For the person who starts a proceeding, the claimant, pleadings are usually:

• Notice of Family Claim in Form F3
• Response to Counterclaim in Form F6 (if the respondent has filed a Counterclaim in Form F5)

For the person who is replying to a court proceeding, the respondent, these documents are usually:

• Response to Family Claim in Form F4
• Counterclaim in Form F5

Sometimes a party's pleadings need to be changed, or amended. Usually, a change is required because a fact is wrong, like a date or a name. At other times, a change is required to raise a new defence or to make a new claim.

For example, say a claimant had a job when an action started and then lost it halfway through the case. If the claimant now needs spousal support but didn't make that claim in their Notice of Family Claim, the claimant would need to amend their pleadings to include the new claim for spousal support subject to any time limitations in the Family Law Act.

The rules

Pleadings are important because they describe the basic nuts and bolts of a party's claim or defence, and the facts that are said to support the claim or defence. They are the foundation of the court proceeding and the basis upon which each party will prepare for trial. As a result, there are special rules about amending pleadings. These are set out in Rule 8-1 of the Supreme Court Family Rules.

Firstly, you can't just amend your pleadings when you feel like it:

• under Rule 8-1(1)(a), you can make one set of changes, however major or minor, at any time before the Notice of Trial has been served,
• under Rule 8-1(1)(b), you can make another set of changes with the written consent of the other party, and
• to make changes in any other circumstances, you'll first need to get the court's permission, also known as leave of the court.

Secondly, you must mark all of your amendments. All of the changes are to be underlined in red ink to make it obvious exactly what's been changed. When a lot of text has been changed, say the size of a whole paragraph or more, the lines can be made to run up the left and right sides of the amended text instead of under each and every line of text (i.e. put the paragraph in a bracket).

Next, the title of the changed document always starts with the word Amended, such as the Amended Notice of Family Claim or the Amended Counterclaim, to distinguish the new, changed document from the original. When an amended document is amended again, the title of the new document begins with the phrase Further Amended, as in the Further Amended Notice of Family Claim.

You'll also need to add some information to the top of the first page to indicate why you were able to change your pleadings, and still note when the original document was filed. For example, for a change made before delivery of the Notice of Trial, you would write:

Amended pursuant to Rule 8-1(1)(a).

Original filed on 25 October 2022.

File the amended documents in the court registry where the action was started. You may need to pay filing fees again for the newly amended pleadings. Serve the new pleadings on the other side by ordinary service within seven days, unless no response was ever filed by that party. In that case, since you don't have anything official from them that says their address for service, you need to promptly and personally serve the amended pleadings on them all over again, and before nay other steps are taken in the family law case.

Lastly, it's important to note that there are two types of amendments you cannot make under Rule 8-1:

1. You can't add or change a party.
2. You can't withdraw an admission.

If you need to change, add, or remove a party to the litigation you must follow the additional steps set out in Rule 8-2, and get a court order under that rule.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Mark Norton, September 14, 2023.

JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

A legal proceeding in which one party sues another for a specific remedy or relief, also called an "action," a "lawsuit," or a "case." A court proceeding for divorce, for example, is a proceeding in which the claimant sues the respondent for the relief of a divorce order.

In law, an answer or rebuttal to a claim made or a defence raised by the other party to a court proceeding or legal dispute. See "action," "claim," "defence" and "rebut."

A legal document required by the Supreme Court Family Rules to begin a court proceeding, setting out the relief claimed by the claimant and the grounds on which that relief is claimed. See "action," "claim," "claimant," "pleadings" and "relief."

In law, (1) the whole of the conduct of a court proceeding, from beginning to end, and the steps in between, may also be used to refer to (2) a specific hearing or trial. See "action."

The person who starts a court proceeding seeking an order for a specific remedy or relief against another person, the respondent. See "action" and "respondent."

The person against whom a claim has been brought by Notice of Family Claim. See “application” and “Notice of Family Claim."

A legal document required by the Supreme Court Family Rules in which the respondent to a court proceeding sets out their reply to the claimant's claim and the grounds for their reply. See "action," claim," "Notice of Family Claim" and "pleadings."

In law, a person named as an applicant, claimant, respondent, or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant."

(1) A reply, a rebuttal, an answer to a court proceeding or an application, or (2) a statement as to why a particular claim or application should not succeed.

(1) The assertion of a legal right to an order or to a thing; (2) the remedy or relief sought by a party to a court proceeding.

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

A payment made by one spouse to the other spouse to help with the recipient's day-to-day living expenses or to compensate the recipient for the financial choices the spouses made during the relationship.

To change or alter a pleading or document that has already been filed in court or given to the other party. The resulting document is a separate document from the original and is called, for example, the "Amended Notice of Family Claim" or the "amended separation agreement."

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

Sending legal documents to a party at that party's "address for service," usually by mail, fax, or email, called "ordinary service" in proceedings before the Supreme Court. Certain documents, like a Notice of Family Claim, must be served on the other party by personal service. Most other documents may be served by ordinary service. See also "address for service" and "personal service."

A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched and reviewed.

Sending legal documents to a party at that party's "address for service," usually by mail, fax, or email. Certain documents, like a Notice of Family Claim, must be served on the other party by personal service. Most other documents may be served by ordinary service. See also "address for service" and "personal service."

The address at which a party to a court proceeding agrees to accept delivery of legal documents. An address for service must be a proper street address within British Columbia; additional addresses for service may include postal addresses, fax numbers, and email addresses.

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."