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Difference between revisions of "Starting and Responding to Supreme Court Family Law Proceedings"
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Starting and Responding to Supreme Court Family Law Proceedings (view source)
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==Starting the court action== | ==Starting the court action== | ||
===Step 1 | ===Step 1: Complete the correct forms=== | ||
You | You need to use the correct court form depending on the types of orders you are asking for. | ||
Rule 3-1 of the BC Supreme Court Family Rules | Rule 3-1 of the [https://canlii.ca/t/8mcr BC Supreme Court Family Rules]. This rule says which court form you need to file to start your BC Supreme Court family action. In general, these actions are started by completing and filing a Form F3 Notice of Family Claim. See Rule 3-1(1). Some exceptions include when: | ||
# You and your spouse want to file jointly, because you already agree about the orders the court should make. An uncontested divorce can proceed this way, for example. Joint applications require you and your spouse file a Form F1 Notice of Joint Family Claim. See Rule 2-2(2). | |||
# You and your spouse already agree | # You want to apply for an adoption order. Adoptions are started by a Form F73 Petition. See Rule 3-1(2.2)(a). | ||
# You want to apply for an adoption order. Adoptions are started by a Form F73 Petition. | # 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). | ||
# 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). | |||
Please note, while you can start an action to deal with a written agreement simply by filing a Form F17.1 Requisition, you should consider completing a Form F3 Notice of Family Claim if you want the court to change or to cancel elements of the written agreement itself. An action started by filing a Form F3 Notice of Family Claim will give you an opportunity to tell the court how you want the written agreement to be changed, and it is especially useful if you want the entire written agreement to be cancelled and you are asking for court orders to replace the written agreement. | |||
Because most court actions will require you to proceed by way of a Form F3 Notice of Family Claim, this section focusses on that process. | |||
====Form F3 Notice of Family Claim==== | |||
The Form F3 Notice of Family Claim includes two introductory pages where you must provide some basic information about you and the respondent, your and their relationship, any agreements or orders that already in place, and a list of the orders you want the court to make. The form also has 5 schedules. You need only complete the schedules that relate to the court orders you are asking for in the introductory pages. | |||
Here are the typical orders that a party will ask for in a Form F3 Notice of Family Claim: | |||
* Divorce (complete schedule 1) | |||
* Parenting (complete schedule 2) | |||
* Child support (complete schedule 2) | |||
* Spousal support (complete schedule 3) | |||
* Property division (complete schedule 4) | |||
* Debt division (complete schedule 4) | |||
* Cancel or change a written agreement if there is one and you want the court to change it (complete the schedule that relates to the terms in the agreement you want to change: parenting/child support/spousal support/property division/debt division) | |||
* Other property/debt orders, or other orders in general, such as restricting the other party’s use/sale/dissipation of property, or giving you exclusive use of a property such as a family home, etc. (complete schedule 5) | |||
* Personal protection orders (complete schedule 5) | |||
* Any other order that are connected to the family law dispute, such as name change of a party, other types of claims relating to property under other areas of law, etc. (complete schedule 5) | |||
Links to and examples of the Form F3 Notice of Family Claim and other court forms can be found under [[Supreme Court Forms (Family Law)|Supreme Court Forms and Examples]]. For a quick introduction to how to start a proceeding, see [[How Do I Start a Family Law Action in the Supreme Court?]]. It's located in the [[Helpful Guides & Common Questions]] part of this resource. | |||
{{REVIEWED | reviewer = [[Iris Turaglio]], 10 December 2024}} | {{REVIEWED | reviewer = [[Iris Turaglio]], 10 December 2024}} | ||
