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Difference between revisions of "The Law for Family Matters"
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===The choice of forum=== | ===The choice of forum=== | ||
In family law matters, choosing the ''forum'' of a court proceeding means making the choice to proceed in either the Provincial Court or the Supreme Court. The Provincial Court has certain limits to its authority and, as a result has limits on the kinds of claims it can hear. The Supreme Court has the authority to deal with every | In family law matters, choosing the ''forum'' of a court proceeding means making the choice to proceed in either the Provincial Court or the Supreme Court. The Provincial Court has certain limits to its authority and, as a result, has limits on the kinds of claims it can hear. The Supreme Court has the authority to deal with almost every legal issue within British Columbia. It also has something called ''inherent jurisdiction'', meaning that the Supreme Court, unlike the Provincial Court, is not limited to the authority it is given by legislation. It is safe to say that, as far as family matters are concerned, the Supreme Court can deal with everything the Provincial Court can, as well as everything it can't. | ||
The process of each court is guided by each court's set of rules. The [http://canlii.ca/t/8mcr Supreme Court Family Rules] offer a much wider variety of tools and remedies than the [http://canlii.ca/t/85pb Provincial Court Family Rules], particularly in terms of the information and documents each side can make the other produce in the course of a proceeding. For example, the Supreme Court rules allow a party to make the other party submit to an examination for discovery, or make a company or third party produce records. These disclosure mechanisms are not available in the Provincial Court. | The process of each court is guided by each court's set of rules. The [http://canlii.ca/t/8mcr Supreme Court Family Rules] offer a much wider variety of tools and remedies than the [http://canlii.ca/t/85pb Provincial Court Family Rules], particularly in terms of the information and documents each side can make the other produce in the course of a proceeding. For example, the Supreme Court rules allow a party to make the other party submit to an examination for discovery, or make a company or third party produce records. These disclosure mechanisms are not available in the Provincial Court. | ||
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While it is possible to start an action in the Provincial Court to deal with one or two issues (like parental responsibilities or child support) and later start an action in the Supreme Court to deal with other issues (like dividing family property or divorce) it's usually best to confine yourself to a single court to avoid overlaps and keep things as simple as possible. | While it is possible to start an action in the Provincial Court to deal with one or two issues (like parental responsibilities or child support) and later start an action in the Supreme Court to deal with other issues (like dividing family property or divorce), it's usually best to confine yourself to a single court to avoid overlaps and keep things as simple as possible. | ||
<!---HIDDEN UNTIL EDITORS DECIDE TO SHOW | <!---HIDDEN UNTIL EDITORS DECIDE TO SHOW | ||
==Further Reading in this Chapter== | ==Further Reading in this Chapter== | ||