8,081
edits
Changes
→The Provincial Court
*moving away, with or without a child.
===Court proceedings===
The Provincial Court has special rules just for family law proceedings, the [http://canlii.ca/t/85pb b8rn Provincial Court Family Rules]. If Within these rules, there are also different procedures to follow depending on the type of registry, and this means the rules can vary significantly depending where you are involved . It's important to know which type of registry your family law matter is filed at. The types and locations are:* ''Early Resolution Registries'' (Victoria and Surrey), which follow a much different process (including what forms to use) from the other registries — luckily this is well explained on the [https://www.clicklaw.bc.ca/resource/4843 BC Ministry of Attorney General's website], and discussed generally in the [[Starting a Court Proceeding in a Family Matter]] section of the [[Resolving Family Law Problems in Court]] chapter.* ''Family Justice Registries'' (Kelowna, Nanaimo, and Vancouver (Robson Square)), which require parties to go through a family needs assessment at the very beginning, and are also discussed in the [[Starting a Court Proceeding in a proceeding Family Matter]] section.* ''Parenting Education Program Registries'', are the default type of registry found in the remaining registry locations of the Provincial Court. Unless you’re in Kelowna, Nanaimo, Surrey, Vancouver, or Victoria, this will be the registry type you'll deal with. (If your matter is in Kamloops, and it looks like it's going to trial, you might need to learn about that registry's new ''Informal Family Court Trials'' pilot, which is explained on the [https://www.provincialcourt.bc.ca/enews/enews-16-05-2022 Provincial Court's website], and on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/informal-trials-kamloops-court-registry Legal Aid BC's Family Law website]. Regardless of which type of Provincial Court registry is handling your family law matter, it's really important that you read and understand these rulesthe Provincial Court Family Rules. The rules of court say how every aspect of a Provincial Court case is run, from starting a court proceeding to scheduling a trial. They set out important deadlines and limitations, and say what court forms must be used for which purpose. You also need to have a look at the [httphttps://www.provincialcourt.bc.ca/types-of-cases/family-matters/chief-judge-practice-directions Practice Directions] issued by the Chief Judge, which clarify certain aspects of the rules of court and describe additional processes and procedures.
====Provincial Court procedure based on location of registry====
The person who starts a proceeding in the Provincial Court is the ''applicant''. The person against whom the court proceeding is brought is the ''respondent''.
An applicant starts by filing a form, although a different form is needed for ''[[Early Resolution Registries of BC Provincial Court]]'' than in other Provincial Court registry locations. See To read more about the page on [[Early Resolution Registries of BC Provincial Court]] for the procedures process in these registry locations. In most Provincial Court registries, however, you start by filing an ''Application About a Family Law Matter'' (Form 3) Victoria and then serving it on each person named as a respondentSurrey see the [https://www. The form must be ''personally served'' on the respondent by an adult other than the applicant — you can't do it yourselfclicklaw. The respondent has 30 days to answer the claim by filing a ''Reply to an Application About a Family Law Matter'' (Form 6) at the court registrybc. The court clerk will send a copy ca/resource/4843 BC Ministry of the Reply to the applicant. The Reply can also be used to make a ''counterclaim'Attorney General's website], the respondent's own claim against the applicant. A respondent who does not file which also makes available a Reply to an Application About brochure with a Family Law Matter is simplified process map. The procedures explained below do not entitled apply to notice of further hearings in the case!Early Resolution Registries.
If the legal issues in the court proceeding aren't settled, there will be a ''trial''. At the trial, each side will present their evidence and their arguments, and the judge will make a decision about the legal issues, called a ''judgment.'' The judgment will describe not only the judge's ''final orders'' on the legal issues, but the judge's decisions about the facts of the case and the law that applies to the case.
Applications to ''change final orders'' are made by filing an Application to Change or Cancel an Order (Form 2) and serving it discussed in the chapter [[Resolving Family Law Problems in Court]] in the section on the other parties. The other parties have 30 days to reply by filing a Reply (Form 3)[[Changing Orders in Family Matters]].-->
====Addressing the court====