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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)
Revision as of 23:22, 2 April 2025
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==Step 1: Claimant completes the correct forms== | ==Step 1: Claimant completes the correct forms== | ||
As a claimant who's initiating the court action, you need to use the correct court form depending on the types of orders you are asking for. | As a claimant who's initiating the court action, you need to use the correct court form depending on the types of orders you are asking for. Part 3 of the Supreme Court Family Rules is titled "How to Start and Defend a Family Law Case", and it contains one rule for choosing the correct form of proceeding (Rule 3-1). | ||
Practically speaking, most family law cases in BC Supreme Court are started by completing and filing a Form F3 Notice of Family Claim in accordance with Rule 4-1. It's not the only form of pleadings, but it is by far the most common. 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 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). | ||
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# 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. | 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. A family law case 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. | 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. | ||
