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Difference between revisions of "Family Law Litigation in Provincial Court"
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Family Law Litigation in Provincial Court (view source)
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====Early Resolution Registries==== | ====Early Resolution Registries==== | ||
Early Resolution Registries follow a new procedure designed to try to resolve cases without the need for going to court. The process in these registries is quite different compared to traditional Provincial Court procedure. The good news is that many people will find the process more | Early Resolution Registries follow a new procedure designed to try to resolve cases without the need for going to court. The process in these registries is quite different compared to traditional Provincial Court procedure. The good news is that many people will find the process more straightforward, less complex, and less adversarial. Most of the time, before either party can bring an application to argue for orders about family law matters (guardianship, parental responsibilities, parenting time, contact time, child support, spousal support, orders about pets, etc.) parties in an Early Resolution Registry must: | ||
* Attend a ''needs assessment'' with a ''family justice counsellor'' | * Attend a ''needs assessment'' with a ''family justice counsellor'' | ||
* Attend consensual dispute resolution with the other side, mediated by a family justice counsellor ( | * Attend consensual dispute resolution with the other side, mediated by a family justice counsellor (on rare occasions, this can be waived) | ||
* Complete a parenting education program, such as the free Parenting After Separation course online (courses for both Indigenous and non-Indigenous families). | * Complete a parenting education program, such as the free Parenting After Separation course online (courses for both Indigenous and non-Indigenous families). | ||
Currently, the registries in Victoria, Surrey and Port Coquitlam are Early Resolution Registries. In April 2025, the registries in Abbotsford, Chilliwack and New Westminster will become Early Resolution Registries, followed by Vancouver (Robson), North Vancouver, Richmond, Sechelt and Pemberton in November 2025. | Currently, the registries in Victoria, Surrey and Port Coquitlam are Early Resolution Registries. In April 2025, the registries in Abbotsford, Chilliwack and New Westminster will become Early Resolution Registries, followed by Vancouver (Robson), North Vancouver, Richmond, Sechelt and Pemberton in November 2025. | ||
If you are in an Early Resolution Registry, and you want to bring an application for non-urgent ''family law matter'' (as opposed to a ''priority parenting matter'' or a protection order), you will need to file a Form 1 Notice to Resolve a Family Law Matter, provide a copy to the other party (this can often be done through email), meet one-on-one with a family justice counsellor as a needs | If you are in an Early Resolution Registry, and you want to bring an application for non-urgent ''family law matter'' (as opposed to a ''priority parenting matter'' or a protection order), you will need to file a Form 1 Notice to Resolve a Family Law Matter, provide a copy to the other party (this can often be done through email), meet one-on-one with a family justice counsellor as a needs asssessor (an important meeting designed to assess your situation and guide you), complete a parenting education program, and participate in consensual dispute resolution (unless the needs assessor determines this to be inappropriate) — all ''before'' you start your court application. | ||
You can contact the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Family Justice Centre | You can contact the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Family Justice Centre] associated with your registry to learn more, ask questions, and get help with forms. | ||
If your claim is for a ''protection order'' or ''priority parenting matter'' (or if you will be bringing a family law matter application along with a request for a case management order to exempt certain steps due to real urgency), you may bypass or postpone the usual Early Resolution Registry requirements. If there has been family violence you can get into court right away for a protection order, and this is true for all types of Provincial Court registries. | If your claim is for a ''protection order'' or ''priority parenting matter'' (or if you will be bringing a family law matter application along with a request for a case management order to exempt certain steps due to real urgency), you may bypass or postpone the usual Early Resolution Registry requirements. If there has been family violence you can get into court right away for a protection order, and this is true for all types of Provincial Court registries. | ||
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====The applicant files and serves their application==== | ====The applicant files and serves their application==== | ||
The applicant starts a Provincial Court action by filing an application at one of the court's registries. Most Provincial Court family law proceedings are started with a Form 3 Application About a Family Law Matter. However other forms for starting a Provincial Court family law action do exist depending on the circumstances. Forms that can initiate a proceeding include: | The applicant starts a Provincial Court action by filing an application at one of the court's registries. Most Provincial Court family law proceedings are started with a Form 3 Application About a Family Law Matter. However, other forms for starting a Provincial Court family law action do exist depending on the circumstances. Forms that can initiate a proceeding include: | ||
* Form 3 Application About a Family Law Matter is used for general family law matters and to establish a new court file (it can also be accompanied by a Form 11 Application for Case Management Order Without Notice or Attendance when the applicant wants to get a court order on an urgent family law matter). | * Form 3 Application About a Family Law Matter is used for general family law matters and to establish a new court file (it can also be accompanied by a Form 11 Application for Case Management Order Without Notice or Attendance when the applicant wants to get a court order on an urgent family law matter). | ||
* Form 15 Application About a Priority Parenting Matter where there are specific time-sensitive parenting issues, whether or not a court file is already established. | * Form 15 Application About a Priority Parenting Matter where there are specific time-sensitive parenting issues, whether or not a court file is already established. | ||
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===Stage 4: Disclosure=== | ===Stage 4: Disclosure=== | ||
Financial statements are very important in most family law matters, especially where child support or spousal support are at play. ''Disclosure'' refers to the process for revealing what documents each party has. When you | Financial statements are very important in most family law matters, especially where child support or spousal support are at play. ''Disclosure'' refers to the process for revealing what documents each party has. When you prepare the financial statements and other disclosures for the other side, and while reviewing what you receive from them, keep in mind the disclosure obligations imposed by legislation, and the consequences for breaching them. The [[Disclosure and Provincial Court Family Law Proceedings]] section discusses the obligations and penalties related to disclosure. | ||
The [[Disclosure and Provincial Court Family Law Proceedings]] section discusses the obligations and penalties related to disclosure. | |||
===Stage 5: A party may bring other applications=== | ===Stage 5: A party may bring other applications=== | ||
