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If a court proceeding has been started against you, you have two choices: . You can do nothing or you can respond to the proceeding and defend yourself. If you agree with the orders the other party is asking for, doing nothing is the cheapest and quickest way to handle the matter. On the other hand, if you only partly agree or completely disagree you ''must '' respond to the claim or you risk losing by default.
This section discusses the process for responding to a court proceeding in the Supreme Provincial Court and the Provincial Supreme Court. For a more complete picture of the court process, you should read this section together with the section on [[Starting a Court Proceeding in a Family Matter|Starting a Court Proceeding]]. ==The Provincial Court== If a court proceeding has been started against you in the Provincial Court, you are the ''respondent'' in the proceeding. The person who started the court proceeding is the ''applicant''. If you agree with the orders the applicant is asking for, doing nothing is the fastest way to handle things and you should let the applicant know that you're okay with the orders they're asking for. On the other hand, if you only partly agree or if you completely disagree with what the applicant is asking for, you should prepare a ''Reply'' in Form 3. This is a special form required by the [http://canlii.ca/t/85pb Provincial Court Family Rules]. The main Provincial Court Family Rules about replying to a claim, making your claims of your own against the claimant, and the management of court proceedings are: *Rule 1: Definitions*Rule 3: Replying to the family claim and making a counterclaim*Rule 4: Financial disclosure*Rule 6: The first and subsequent appearances in court *Rule 7: Family case conferences*Rule 11: Trial procedure*Rule 12: Interim applications*Rule 14: Consent orders*Rule 18: Orders*Rule 18.1: Guardianship orders*Rule 21: Parenting After Separation program Links to and examples of the Reply and other court forms can be found in [[Provincial Court Forms (Family Law)]]. As a respondent, you'll use the same form for your reply to the claims the claimant has asked for in their Application to Obtain an Order and any claims you want to make against the applicant. For a quick introduction to how to reply to a proceeding, see [[How Do I Respond to a Family Law Action in the Provincial Court?]] It's located in the section Defending an Action in the Helpful Guides & Common Questions part of this resource. ===Limitations of the Provincial Court=== The Provincial Court is built for people who are not represented by a lawyer. There are no filing fees in this court, the forms are a lot easier to prepare, the rules of court are simpler, and the court registry will sometimes take care of things like drafting court orders. The main disadvantage of bringing your case to the Provincial Court is that the authority of the court is limited. The Provincial Court can only hear applications under the ''[[Family Law Act]]'' on certain subjects, including: #guardianship;#parental responsibilities and parenting time;#contact with a child;#child support;#spousal support;#protection orders; and,#payment of household bills such as mortgage and utilities until trial or settlement. The Provincial Court cannot hear any claims under the federal ''[[Divorce Act]]''. However, it also cannot hear claims for orders relating to the division of property and debt under the provincial ''Family Law Act''. However, if the applicant has started a court proceeding against you in the Provincial Court, the Provincial Court is where you are. If you need to ask for orders under the ''Divorce Act'' or orders about the division of property and debt, you can start a separate court proceeding in the Supreme Court. My personal preference, and I think the preference of most family law lawyers, is to keep everything in the same court ===Preparing, filing and delivering the reply=== If you decide to defend yourself, you must complete a form called a Reply and file it within 30 days of the date you were served with the Application to Obtain an Order. There is no fee to file a reply. In your reply, you can do one or more of the following things: *agree to some or all of the orders the applicant is asking for,*object to some or all of the orders the applicant is asking for, and*apply for any orders you would like the court to make. The form you must use is Form 3, set out in the [http://canlii.ca/t/85pb Provincial Court Family Rules]. The reply must be filed in the court registry and the court clerk will take care of delivering your reply to the applicant. ===Deadline for the applicant's reply=== The applicant has 30 days to file a Reply in Form 3 after being served with the respondent's Reply if the respondent's Reply asks for any orders. Very few applicants bother to file a Reply of their own. Many applicants only go to the trouble of preparing a Reply if there was something unusual or unexpected in the respondent's Reply. ===The next steps===Certain registries may have special programs or requirements that are unique to the registry. The registry will advise you of what is needed when you file your materials. In certain registries of the Provincial Court, the parties must meet with a family justice counsellor and, if children are involved, attend a [https://www.clicklaw.bc.ca/resource/2638 Parenting After Separation] program before you can take any further steps in your case. This may apply even if you are seeking a default judgment. The court clerk at your court registry will tell you what is needed. If necessary, the court clerk will refer you to the family justice counsellor and tell you where the Parenting After Separation program is offered. Family justice counsellors can provide information that may help to resolve the court proceeding; they can also serve as mediators if both parties are prepared to try mediation. The Parenting After Separation program is very useful to take, and you should seriously consider taking the course even if it isn't required in your court registry. The program is available [http://www.clicklaw.bc.ca/resource/4395 online]. The online course does not replace the need to attend an in-person course if that is otherwise required. You will have to file a certificate that you've completed the program. For family law matters going through Provincial Court in the Victoria Registry, there is the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Victoria Early Resolution and Case Management Model], described in a separate section in this chapter. The additional steps that follow the commencement of a proceeding in the Provincial Court are a simplified version of the Supreme Court process. There are fewer hoops to jump through, but also fewer means to extract information and documents from the other side. For more information on the next steps in a family law proceeding, see [[Overview of Case Conferences and Discovery in Family Law Matters]] in this chapter.
==The Supreme Court==
#You won't be able to agree, and the court will need to decide what should happen in your case at a trial.
#After some initial scuffles, neither you nor the claimant 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, see [[Overview of Case Conferences and Discovery in Family Law Matters]] in this chapter.