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Difference between revisions of "The Court System for Family Matters"
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The Court System for Family Matters (view source)
Revision as of 13:54, 13 April 2013
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===Court proceedings=== | ===Court proceedings=== | ||
The Supreme Court has special rules just for family law proceedings, the [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/169_2009_00 Supreme Court Family Rules]. If you are involved in a proceeding before the Supreme Court, you should try to read and understand these rules. The rules of court govern every aspect of a Supreme Court case, from starting a court proceeding to scheduling a trial. They set out important deadlines and limitations, and say what court forms must be used for which purpose. | The Supreme Court has special rules just for family law proceedings, the [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/169_2009_00 Supreme Court Family Rules]. If you are involved in a proceeding before the Supreme Court, you should try to read and understand these rules. The rules of court govern every aspect of a Supreme Court case, from starting a court proceeding to scheduling a trial. They set out important deadlines and limitations, and say what court forms must be used for which purpose. You also need to have a look at the [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx Practice Directions] and [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Administrative Notices] issued by the Chief Justice, which clarify aspects of the rules of court and describe additional processes and procedures. | ||
====Procedure==== | ====Procedure==== | ||
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In certain unusual cases, a proceeding can also be started by filing in court a Petition in Form F73. Someone starting a proceeding with a Petition is the ''petitioner'', and the other party is the ''petition respondent''. | In certain unusual cases, a proceeding can also be started by filing in court a Petition in Form F73. Someone starting a proceeding with a Petition is the ''petitioner'', and the other party is the ''petition respondent''. | ||
Notices of Family Claim and Petitions must | Notices of Family Claim and Petitions must be personally served on the other party by an adult other than the claimant or petitioner. | ||
A respondent may reply to a Notice of Family Claim by filing a Response to Family Claim in Form F4. A respondent who does not file a Response to Family Claim is not entitled to notice of further hearings in the case. The respondent may also file a Counterclaim in Form F5. A counterclaim is the respondent's own claim against the applicant. | A respondent may reply to a Notice of Family Claim by filing a Response to Family Claim in Form F4. A respondent who does not file a Response to Family Claim is not entitled to notice of further hearings in the case. The respondent may also file a Counterclaim in Form F5. A counterclaim is the respondent's own claim against the applicant. | ||