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Difference between revisions of "Starting and Responding to Provincial Court Family Law Proceedings"

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If you need the court to make an order about anything, from the care of children to the payment of spousal support, you must start a court proceeding. Your court proceeding will end with a trial, if you can't settle your legal problem first, after which the judge will make an order... hopefully the order you want the judge to make.  
If you need the court to make an order about anything, from the care of children to the payment of spousal support, you must start a court proceeding. Your court proceeding will end with a trial, if you can't settle your legal problem first, after which the judge will make an order... hopefully the order you want the judge to make.  


There are certain steps you must take and certain forms you must fill out before your trial can proceed. Although the staff at the court registries are friendly and do their best to be helpful, they cannot provide legal advice, fill out forms for you or tell you how to manage your court proceeding. It is your job to prepare these materials, gather the evidence you need, and take the other steps necessary to bring your proceeding to a judge at trial.  
There are certain steps you must take and certain forms you must fill out before your trial can proceed. Although the staff at the court registries are friendly and do their best to be helpful, they cannot provide legal advice. They won't fill out forms for you or tell you how to manage your court proceeding. It is your job to prepare these materials, gather the evidence you need, and take the other steps necessary to bring your proceeding to a judge at trial.  


That said, there are some very valuable and helpful resources to help you prepare the Provincial Court family forms:  
That said, there are some very valuable and helpful resources to help you prepare the Provincial Court family forms:  
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==Before you apply to court==
==Before you apply to court==
Applying to Provincial Court about large issues like guardianship, parental responsibilities, parenting time, child support, spousal support, companion animals — these being defined as ''family law matters'' — or changing an agreement or earlier Provincial Court order ultimately means filing a Form 3 Application About a Family Law Matter. Before you are allowed to file that form, however, you must meet certain conditions depending on the registry type.   
Applying to Provincial Court about large issues like guardianship, parenting time or responsibilities, child support, spousal support, companion animals — all of which are defined as ''family law matters'' — or applying to change an agreement or earlier Provincial Court order means filing a Form 3 Application About a Family Law Matter. Before you can file that form, however, you must meet certain conditions depending on the registry type.   


Each type of court registry requires something different before you can start the main court proceeding. Please note that you cannot simply pick a registry based on whatever process you might prefer. While some applications can be made to court while bypassing some of these conditions — in specific circumstances explained below and in the section on [[Interim Applications and Provincial Court Family Law Proceedings|Interim Applications]] — you are generally confined to the type of registry based on location, and you must follow the rules specific to your registry type.  
Each type of court registry requires something different before you can start the main court proceeding. Please note that you cannot simply pick a registry based on whatever process you might prefer. While some applications can be made to court while bypassing some of these conditions — in specific circumstances explained below and in the section on [[Interim Applications and Provincial Court Family Law Proceedings|Interim Applications]] — you are generally confined to the type of registry based on location, and you must follow the rules specific to your registry type.  
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===Early Resolution Registries===
===Early Resolution Registries===


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, before you file a Form 3 Application About a Family Law Matter you must:
The registries in Victoria, Surrey, Port Coquitlam, Abbotsford, Chilliwack, and New Westminster are Early Resolution Registries (the last three as of April 1, 2025). Vancouver (Robson), North Vancouver, Richmond, Sechelt and Pemberton will join them in November 2025. If you are in an Early Resolution Registry, before you file a Form 3 Application About a Family Law Matter you must:
# Fill out a Form 1 Notice to Resolve a Family Law Matter and take it to the court registry to be filed, then serve it on the other party.
# Fill out a Form 1 Notice to Resolve a Family Law Matter and take it to the court registry to be filed, then serve it on the other party.
# Go to your registry’s Justice Access Centre or Family Justice Centre to speak to a family justice counsellor about a needs assessment. Here is a list:
# Go to your registry’s Justice Access Centre or Family Justice Centre to speak to a family justice counsellor about a needs assessment. Here is a list:
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===Waiving conditions to filing your family law claim===
===Waiving conditions to filing your family law claim===


It is possible to ask the court to waive any or all of these requirements by filing an Form 11 Application for a Case Management Order Without Notice or Appearance and specifying:  
It is possible to ask the court to waive any or all of these requirements by filing a Form 11 Application for a Case Management Order Without Notice or Appearance and specifying:  
* what condition you want the court to waive, and  
* what condition you want the court to waive, and  
* why the court should waive it.  
* why the court should waive it.  
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If you need a judge to help solve your dispute over a family law matter, the next step is to fill out and file the Form 3 Application About a Family Law Matter, and follow rules 24 to 26. This gives the court information about you, the other party, any children involved, and what specific orders you are asking the court to make.
If you need a judge to help solve your dispute over a family law matter, the next step is to fill out and file the Form 3 Application About a Family Law Matter, and follow rules 24 to 26. This gives the court information about you, the other party, any children involved, and what specific orders you are asking the court to make.


Parties can also ask for conduct orders along with their request for orders about a family law matter, and a conduct order can help parties set boundaries to assist them in working towards resolution. Where there is an urgent need to protect someone from family violence, people can apply for protection orders, which follow a different process and are described in more detail below and in the section on [[Interim Applications and Provincial Court Family Law Proceedings|Interim Applications]], as well as in the chapter on [[Family Violence|Family Violence Overview]].  
Parties can also ask for ''conduct orders'' alongside their request for orders about a family law matter. A conduct order can help parties set boundaries to assist them in working towards resolution. Where there is an urgent need to protect someone from family violence, people can apply for protection orders, which follow a different process and are described in more detail below and in the section on [[Interim Applications and Provincial Court Family Law Proceedings]], as well as in the chapter on [[Family Violence|Family Violence Overview]].  


You must also file a Form 4 Financial Statement with your Form 3 Application About a Family Law Matter if your application is about:
You must also file a Form 4 Financial Statement with your Form 3 Application About a Family Law Matter if your application is about: