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Starting and Responding to Supreme Court Family Law Proceedings (view source)
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{{ | {{JP Boyd on Family Law TOC|expanded = bcsc}}{{JPBOFL Editor Badge | ||
|ChapterEditors = [[Iris Turaglio]] | |||
}} | |||
==Introduction== | |||
It's always advisable to review other methods for resolving family law problems before deciding to go to court. Take a look through the chapter on [[Resolving Family Law Problems out of Court]] to explore alternative dispute resolution processes such as ''collaborative negotiation'', ''mediation'', and ''arbitration''. | |||
This section deals with the specific processes of starting a BC Supreme Court action, or responding to a BC Supreme Court action if you have been served with documents filed in the BC Supreme Court. It builds on the first section of this chapter on [[Family Law Litigation in Supreme Court]]. You may want to review that earlier section because it provides an overview of what the BC Supreme court process looks like from start to finish, and it sets out some definitions of helpful terms and some of the Supreme Court Family Rules that this section refers to. | |||
Whether you are initiating or responding to a BC Supreme Court action, it helps to know the court forms that the other party needs to file in the BC Supreme Court. Every BC Supreme Court form has both a name and a form number. This section refers to both as much possible. This should help you to be sure you are identifying the correct court form. Where possible, the specific rules from the [https://canlii.ca/t/8mcr BC Supreme Court Family Rules] will also be referenced. | |||
==Starting the court action== | |||
===Step 1 - Complete the correct forms=== | |||
You will need to identify and use the correct form depending on the kinds of orders you are seeking. | |||
Rule 3-1 of the BC Supreme Court Family Rules tells you which court form you need to file to start your BC Supreme Court family action. In general, however, BC Supreme Court family law actions are started by completing and filing a Form F3 Notice of Family Claim. See Rule 3-1(1). | |||
The exceptions to this general rule include when: | |||
# You and your spouse already agree on all the orders you want the court to make. In this case you would complete a Form F1 Notice of Joint Family Claim, and look at Rule 2-2(2). | |||
# You want to apply for an adoption order. Adoptions are started by a Form F73 Petition. Consult Rule 3-1(2.2)(a). | |||
# You want orders enforcing a written agreement that you and the other party already signed. This is done by completing a Form F17.1 Requisition, and attaching the written agreement. This is discussed in Rule 2-1(2) and Rule 3-1(4.1). | |||
{{REVIEWED | reviewer = [[Iris Turaglio]], 10 December 2024}} | |||
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