This chapter discusses the process for bringing interim applications in the section [[Interim Applications in Family Matters]].
== The Provincial Court ==
The discovery process is far less extensive in the Provincial Court than in the Supreme Court. This means that there are fewer hoops to jump through in Provincial Court, but there are also fewer means to extract information and documents from the other side.
The information in this section ''does not'' apply to family law cases in the Victoria registry of the Provincial Court. Those cases are managed following the Early Resolution and Case Management Model, a new project being tested in that registry. The project is governed by its own rules and uses its own forms. For more information about the pilot project, read the [[Provincial Court Early Resolution and Case Management Pilot Project]] section in this chapter.
=== Family justice counsellors & Parenting After Separation program ===
As indicated in the earlier sections about starting and replying to a court proceeding in a family matter, in certain registries of the Provincial Court, the parties must meet with a family justice counsellor, and, if children are involved, attend a [http://www.clicklaw.bc.ca/resource/1638 Parenting After Separation] program before they can take any further steps in their 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.
=== First appearance ===
Parties to a court proceeding in Provincial Court are required to attend a ''first appearance'' before a judge. This is scheduled by the judicial case manager of the registry. The parties are not consulted about the date.
Under Rule 6 of the Provincial Court Family Rules, the judge at the first appearance (or any subsequent appearance) may:
<blockquote><tt>(a) make an order that all parties consent to in respect of all or any part of what is claimed in the application or reply; </tt></blockquote>
<blockquote><tt>(b) make an interim order under section 216 or 217 of the ''[[Family Law Act]]''; </tt></blockquote>
<blockquote><tt>(c) if a party has failed to provide financial information in accordance with rule 4,</tt></blockquote>
<blockquote><blockquote><tt>(i) make an order requiring the party to file that financial information within a set time, </tt></blockquote></blockquote>
<blockquote><blockquote><tt>(ii) draw an adverse inference from that failure and impute an amount of income to that party that the judge considers appropriate, </tt></blockquote></blockquote>
<blockquote><blockquote><tt>(iii) make an interim order under section 216 or 217 of the ''[[Family Law Act]]'', and </tt></blockquote></blockquote>
<blockquote><blockquote><tt>(iv) if the judge considers that the circumstances justify it, make a final order;</tt></blockquote></blockquote>
<blockquote><tt>(d) adjourn the case for a specified period of time that the judge considers appropriate;</tt></blockquote>
<blockquote><tt>(e) order a party to allow another party to inspect and copy records, specified in the order, that are or have been in that other party's possession or control or, if not in that other party's possession or control, are within that other party's power; </tt></blockquote>
<blockquote><tt>(f) set a date for a family case conference under rule 7;</tt></blockquote>
<blockquote><tt>(g) set a date for a trial preparation conference under rule 8;</tt></blockquote>
<blockquote><tt>(h) if the judge does not set a date for a family case conference or for a trial preparation conference, set a trial date for the matter or set a date for a trial that is restricted to issues defined by the parties; </tt></blockquote>
<blockquote><tt>(i) make a conduct order under Division 5 of Part 10 of the ''[[Family Law Act]]'', including an order </tt></blockquote>
<blockquote><blockquote><tt>(i) requiring the parties to participate in family dispute resolution within the meaning of the ''[[Family Law Act]]'', or </tt></blockquote></blockquote>
<blockquote><blockquote><tt>(ii) requiring one or more parties or, with or without the consent of the child's guardian, a child, to attend counselling, specified services or programs; </tt></blockquote></blockquote>
<blockquote><tt>(j) hear evidence and make an interim or final order for child or spousal support or for guardianship, parenting arrangements or contact with a child; or</tt></blockquote>
<blockquote><tt>(k) make any other order or give any direction that the judge considers appropriate.</tt></blockquote></tt>
=== Financial Statements ===
If a Provincial Court proceeding involves spousal support or child support, each party must prepare and file a Financial Statement. A Financial Statement sets out a party's income, expenses, assets and liabilities, and is sworn on oath or affirmation, just like an affidavit, before a lawyer, notary public, or registry clerk.
Each party must attach to their Financial Statements the following documents:
* the last three years' worth of tax returns (what's required is the complete income tax and benefit return, not tax return summaries or informations),
* all notices of assessment and reassessment received for the last three tax years,
* the party's most recent paystub, showing their earnings to date, or if the party isn't working, then their most recent WCB statement, social assistance statement, or EI statement, and
* business records like financial statements and corporate income tax returns, if the party has a company.
The form you must use is Form 4, set out in the [http://canlii.ca/t/85pb Provincial Court (Family) Rules]. The Financial Statement should be filed at the same time as the application or the reply. You will need to file the original (which the registry will keep for its file) and 3 copies (including all of the attachments), and then provide one copy to the other party.
Financial Statements are very important in family law proceedings. The portions about income are critical for determining child support and spousal support, and the expenses portion must be carefully completed. Since Financial Statements are sworn statements, someone making a Financial Statement can find their credibility being challenged if the numbers don't make sense, if they are overblown or understated, if they omit critical information, or if they are outright fabrications.
==Resources and links==