7,759
edits
Difference between revisions of "The Court System for Family Matters"
Jump to navigation
Jump to search
no edit summary
Nate Russell (talk | contribs) (master > associate judge - title change) |
Nate Russell (talk | contribs) |
||
| Line 1: | Line 1: | ||
{{JP Boyd on Family Law TOC|expanded = incourt}}{{JPBOFL Editor Badge | {{JP Boyd on Family Law TOC|expanded = incourt}}{{JPBOFL Editor Badge | ||
|ChapterEditors = [[Kendra Marks]] and [[Iris Turaglio]] | |||
|ChapterEditors = [[ | |||
}} | }} | ||
There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. Above all of these courts is the Supreme Court of Canada, the highest court in Canada. The Provincial Court and the Supreme Court are trial courts. They listen to witnesses and hear arguments and make decisions about the legal claims people bring before them. The Court of Appeal only hears appeals. It listens to arguments about why a trial judge may have made the wrong decision about a claim, and may confirm, change or cancel a trial judge's decision. | There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. Above all of these courts is the Supreme Court of Canada, the highest court in Canada. The Provincial Court and the Supreme Court are trial courts. They listen to witnesses and hear arguments and make decisions about the legal claims people bring before them. The Court of Appeal only hears appeals. It listens to arguments about why a trial judge may have made the wrong decision about a claim, and may confirm, change or cancel a trial judge's decision. The Supreme Court also hears appeals of decisions made by a Provincial Court judge. | ||
The Provincial Court deals with a limited variety of issues and claims. The Supreme Court and the Court of Appeal are our province's superior courts and can deal with all issues and all claims; their jurisdiction is limited only by their rules and by the Constitution. | The Provincial Court deals with a limited variety of issues and claims. The Supreme Court and the Court of Appeal are our province's superior courts and can deal with all issues and all claims; their jurisdiction is limited only by their rules and by the Constitution. | ||
| Line 43: | Line 42: | ||
The Provincial Court deals with issues relating to parenting children, child support, spousal support, companion animals, and orders protecting people under the provincial ''[[Family Law Act]]''. The Supreme Court has the authority to deal with all of those issues, but can also deal with issues about parentage, dividing property and debt, and orders protecting property under the provincial act. Only the Supreme Court has the authority to make orders under the federal ''[[Divorce Act]]'', including orders for divorce. There's a chart showing which court can deal with which issue in the [[Family Law in British Columbia#The courts of British Columbia | Family Law in British Columbia]] chapter of the Getting Started part of this resource. | The Provincial Court deals with issues relating to parenting children, child support, spousal support, companion animals, and orders protecting people under the provincial ''[[Family Law Act]]''. The Supreme Court has the authority to deal with all of those issues, but can also deal with issues about parentage, dividing property and debt, and orders protecting property under the provincial act. Only the Supreme Court has the authority to make orders under the federal ''[[Divorce Act]]'', including orders for divorce. There's a chart showing which court can deal with which issue in the [[Family Law in British Columbia#The courts of British Columbia | Family Law in British Columbia]] chapter of the Getting Started part of this resource. | ||
The rules of the Supreme Court can be very complicated and fees are charged for many steps in the court process, including filing the paperwork that starts a court proceeding, making an application, or going to trial. The rules of the Provincial Court are | The rules of the BC Supreme Court can be very complicated and fees are charged for many steps in the court process, including filing the paperwork that starts a court proceeding, making an application, or going to trial. The rules of the Provincial Court are meant to be easier for self-represented people and the forms include lots of explanations. However, the procedure is still complex and it’s recommended that you read through the Provincial Court chapters and look at other resources before starting any court proceedings. The BC Provincial Court doesn't charge any fees to file forms. | ||
It is possible to start a proceeding in the Provincial Court to deal with things like child support, and then start a proceeding in the Supreme Court to get a divorce and deal with things like property. | It is possible to start a proceeding in the Provincial Court to deal with things like child support, and then start a proceeding in the Supreme Court to get a divorce and deal with things like property. However, it can be complicated to split your family law issues between two courts. A lot of people find it easier just to deal with everything in one court. Because of the limits of the authority of the Provincial Court, that court is usually the Supreme Court. | ||
==The Provincial Court== | ==The Provincial Court== | ||
The Provincial Court can be the most accessible court for people who aren't represented by a lawyer. The [http://canlii.ca/t/b8rn Provincial Court Family Rules] which govern the Provincial Court's process are written in easy-to-understand language | The Provincial Court can be the most accessible court for people who aren't represented by a lawyer. The [http://canlii.ca/t/b8rn Provincial Court Family Rules], which govern the Provincial Court's process are written in easy-to-understand language. The Provincial Court doesn't charge any filing fees, and many people who use the Provincial Court don't have a lawyer. Some of the Provincial Court registries have Justice Access Centres where people can speak to family justice counsellors or even lawyers acting as duty counsel free of charge (depending on your eligibility for any help through Legal Aid). There are also many more courthouses across the province for the Provincial Court than there are for the Supreme Court. | ||
There are four divisions of the Provincial Court. Provincial Family Court is the one that deals with family law problems. | There are four divisions of the Provincial Court. Provincial Family Court is the one that deals with family law problems. | ||
| Line 54: | Line 53: | ||
===Jurisdiction=== | ===Jurisdiction=== | ||
The Provincial Court can only deal with claims for orders under the ''[[Family Law Act]]'' and the ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. The Provincial Court does not have the jurisdiction to make orders for the division of family property (with the exception of companion animals) or family debt, the management of children's property, or orders protecting property. It cannot make any orders under the ''[[Divorce Act]]''. The Provincial Court is unable to make declarations about who the parents of a child are, unless it's necessary in order to deal with another issue, like a claim about child support or guardianship. | The Provincial Court can only deal with claims for orders under the ''[[Family Law Act]]'', the ''[https://canlii.ca/t/84dv Child, Family and Community Service Act]'', and the ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. The Provincial Court does not have the jurisdiction to make orders for the division of family property (with the exception of companion animals) or family debt, the management of children's property, or orders protecting property. It cannot make any orders under the ''[[Divorce Act]]''. The Provincial Court is unable to make declarations about who the parents of a child are, unless it's necessary in order to deal with another issue, like a claim about child support or guardianship. | ||
The Provincial Court can hear claims about these issues: | The Provincial Court can hear claims about these issues: | ||
| Line 65: | Line 64: | ||
*companion animals (the one form of family property that it can deal with) | *companion animals (the one form of family property that it can deal with) | ||
*changing and cancelling Provincial Court orders, | *changing and cancelling Provincial Court orders, | ||
*enforcing agreements about the above issues, | |||
*enforcing Provincial Court orders, | *enforcing Provincial Court orders, | ||
*enforcing Supreme Court orders about guardianship, parental responsibilities, parenting time, and contact, and | *enforcing Supreme Court orders about guardianship, parental responsibilities, parenting time, and contact, and | ||
| Line 71: | Line 71: | ||
===Court proceedings=== | ===Court proceedings=== | ||
The Provincial Court has special rules just for family law proceedings | The Provincial Court has special rules just for family law proceedings. These are contained in the [https://canlii.ca/t/b8rn Provincial Court Family Rules]. 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. It's important to know which type of registry your family law matter is filed at. The types and locations are: | ||
* ''Early Resolution Registries'' | * ''Early Resolution Registries'' These Provincial Court registries now follow a new procedure designed to try to resolve cases without the need for going to court. The early resolution process in these registries is quite a different procedure compared to traditional Provincial Court procedure. The good news is that many people will find the process more straight forward, less complex, and less adversarial. Before going to court, parties must: (1) meet with a family justice counsellor to do a needs assessment to figure out what the parties need to do and what options and resources are available to them; (2) attend consensual dispute resolution; and (3) take a parenting course, such as the free online Parenting After Separation course.. | ||
* ''Family Justice Registries'' (Kelowna, Nanaimo, and Vancouver (Robson Square)), which require parties to go through a family needs assessment at the very beginning. | * ''Family Justice Registries'' (Kelowna, Nanaimo, and Vancouver (Robson Square)), which require parties to go through a family needs assessment at the very beginning. | ||
* ''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]. | * ''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]. | ||