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Difference between revisions of "How Do I File an Agreement in Court?"
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How Do I File an Agreement in Court? (view source)
Revision as of 21:53, 17 January 2024
, 17 JanuaryFrom staging 2024
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Nate Russell (talk | contribs) (From staging 2024) |
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* agreements on parental responsibilities and parenting time can be filed under s. 44(3) of the ''Family Law Act'', | * agreements on parental responsibilities and parenting time can be filed under s. 44(3) of the ''Family Law Act'', | ||
* agreements on contact can be filed under s. 58(3), | * agreements on contact with a child or children can be filed under s. 58(3), | ||
* agreements on child support can be filed under s. 148(2), and | * agreements on child support can be filed under s. 148(2), and | ||
* agreements on spousal support can be filed under s. 163(3). | * agreements on spousal support can be filed under s. 163(3). | ||
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Agreements that are filed in court can be enforced as if they were orders of the court in which they are filed. | Agreements that are filed in court can be enforced as if they were orders of the court in which they are filed. | ||
Among other things, this means that the Family Maintenance | Among other things, this means that the BC Family Maintenance Agency (BCFMA) can enforce an agreement for support exactly as it would enforce an order for support. Enforcement by BCFMA (which until recently was known as FMEP, because it was called the Family Maintenance Enforcement Program) is the usual reason why agreements are filed in court. | ||
==When there is an existing court proceeding== | ==When there is an existing court proceeding== | ||
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==When a court action hasn't been started== | ==When a court action hasn't been started== | ||
If there is no existing court action, it's up to you to decide where you'd like to file your agreement. Since | If there is no existing court action, it's up to you to decide where you'd like to file your agreement. Since the BCFMA <span class="noglossary">will</span> enforce an agreement whether it's filed in the Provincial Court or the Supreme Court, it's usually easiest just to go to the courthouse nearest you. | ||
All you need to take to the courthouse is one original copy of the agreement (usually both parties will have their own original copy of the agreement with signatures in ink). The court staff <span class="noglossary">will</span> open a court file for the agreement and help you with any paperwork. | All you need to take to the courthouse is one original copy of the agreement (usually both parties will have their own original copy of the agreement with signatures in ink). The court staff <span class="noglossary">will</span> open a court file for the agreement and help you with any paperwork. | ||
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{{REVIEWED | reviewer = [[Beatrice McCutcheon]], | {{REVIEWED | reviewer = [[Beatrice McCutcheon]], September 19, 2023}} | ||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
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{{Creative Commons for JP Boyd}} | {{Creative Commons for JP Boyd}} | ||
[[Category: | [[Category:Helpful Guides & Common Questions|F]] | ||
[[Category:Family Law Agreements]] | [[Category:Family Law Agreements]] | ||
[[Category:JP Boyd on Family Law]] | [[Category:JP Boyd on Family Law]] | ||