Rule 1-1 (1) definitions of "family court counsellor", "family law case" and "party" BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

"family court counsellor" means a person appointed as a family court counsellor under section 3 of the Family Relations Act;

"family law case" means a proceeding in which one or more of the following orders is sought:

(a) an order under the Divorce Act;

(b) an order under the Family Relations Act;

(c) an order in relation to an agreement between persons who are or have been married or who are or have been in a marriage-like relationship, including a marriage agreement within the meaning of the Family Relations Act;

(d) an order for annulment of marriage;

(e) an order,

(i)  based on unjust enrichment or other trust claims, for an interest in property or

(ii)  based on unjust enrichment, for compensation

if the claim for the interest or compensation arises out of a marriage-like relationship;

(f) an order for a declaration of parentage;

(g) an order for adoption;

[Orders available under a family law case include orders for custody or guardianship of, or access to, a child, orders for support for a child, spouse or parent, restraining orders, orders prohibiting interference with a child, orders dealing with property and divorce orders.]

"party" means

(a) a claimant,

(b) a respondent,

(c) a respondent by way of counterclaim,

(d) a petitioner,

(e) a petition respondent, and

(f) if a support order is filed with him or her, the FMEP Director in relation to the following:

(i)  any matter arising under section 9, 14 (1) or (2), 16 (3) or (4), 18 (2), 19, 20, 21, 22 (1), 23 (1), 26 (10), 29, 30, 30.1, 31, 39 (1) or 46 (1) of the Family Maintenance Enforcement Act;

(ii)  an application to change a support order that is in arrears, other than a support order under the Divorce Act;

(iii)  an application to change a support order made under the Divorce Act if the order has been assigned to a minister designated by the Lieutenant Governor in Council under the Divorce Act;

 Rule 1-1 (1) definition of "regional manager" BEFORE amended by BC Reg 27/2013, effective March 18, 2013.

"regional manager" in relation to a registry, means the regional manager of the Family Justice Services Division (Justice Services Branch), Ministry of Attorney General, who is responsible for the region in which the registry is located;

 Rule 1-1 (1) definition of "family law case", paragraph (c) BEFORE amended by BC Reg 90/2014, effective May 26, 2014.

"family law case" means a proceeding in which one or more of the following orders is sought:

(a) an order under the Divorce Act;

(b) an order under the Family Law Act;

(c) an order for annulment of marriage;

(d) an order,

(i) based on unjust enrichment or other trust claims, for an interest in property, or

(ii) based on unjust enrichment, for compensation

if the claim for the interest or compensation arises out of a marriage-like relationship;

(e) an order for adoption,

and includes a proceeding that, under Rule 3-1 (4.1), was started by the filing of a requisition and agreement under Rule 2-1 (1);

 Rule 1-1 (1) definition of "arbitration award" was added by BC Reg 121/2014, effective July 1, 2014.

 Rule 1-1 (1) definition of "family law case", paragraph (h) was added by BC Reg 121/2014, effective July 1, 2014.

 Rule 1-1 (1) definition of "family law case", paragraph (b.1) was added by BC Reg 249/2014, effective December 22, 2014.

 Rule 1-1 (1) definition of "FHRMIRA order" was added by BC Reg 249/2014, effective December 22, 2014.

 Rule 1-1 (1) definition of "regional manager" BEFORE amended by BC Reg 99/2018, effective May 18, 2018.

"regional manager" in relation to a registry, means the regional manager of the Family Justice Services Division (Justice Services Branch), Ministry of Justice, who is responsible for the region in which the registry is located;

 Rule 1-1 (1) definition of "business day" was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 1-1 (1) definition of "court" BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

"court" means the Supreme Court of British Columbia and, if a master has jurisdiction, includes a master of the Supreme Court;

 Rule 1-1 (1) definition of "party", paragraph (f) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(f) if a support order is filed with him or her, the FMEP Director in relation to the following:

 Rule 1-1 (1) definition of "FMEA Director" was added by BC Reg 165/2024, effective September 9, 2024.

 Rule 1-1 (1) definition of "FMEP Director" BEFORE repealed by BC Reg 165/2024, effective September 9, 2024.

"FMEP Director" means the Director of Maintenance Enforcement under the Family Maintenance Enforcement Act;

 Rule 1-1 (1) definition of "party", paragraph (f) (part) BEFORE amended by BC Reg 165/2024, effective September 9, 2024.

(f) if a support order is filed with the FMEP Director, the FMEP Director in relation to the following:

 Rule 1-1 (1) definitions of "Divorce Act proceeding" and "official language" were added by BC Reg 188/2024, effective December 1, 2024.

 Rule 2-1 BEFORE re-enacted by BC Reg 133/2012, effective March 18, 2013.

Rule 2-1 — Agreements

Written agreements

(1)  A copy of a written agreement referred to in section 122 (1) of the Family Relations Act may be filed in a registry.

[Under section 122 of the Family Relations Act, an agreement filed under this Rule can be enforced as if it were an order of the court.]

Written agreements

(1)  A copy of a written agreement referred to in section 15, 44 (3), 58 (3), 148 (2) or 163 (3) of the Family Law Act may be filed in a registry.

[en. B.C. Reg. 133/2012 Sch. s. 2.]

 Rule 2-1 (1) BEFORE amended by BC Reg 133/2012 [amended by BC Reg 67/2013] effective March 18, 2013.

A copy of a written agreement referred to in section 15, 44 (3), 58 (3), 148 (2) or 163 (3) of the Family Law Act may be filed in a registry.

 Rule 2-1.1 was enacted by BC Reg 133/2012, effective March 18, 2013.

 Rule 2-1.2 was enacted by BC Reg 121/2014, effective July 1, 2014.

 Rule 2-2.1 was enacted by BC Reg 4/2016, effective July 1, 2016.

 Rule 2-2.1 (1) definition of "court order", paragraph (a) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) is incapable of making decisions about his or her civil status because of a mental disability,

 Rule 3-1 (1) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

Commencing family law cases by notice of family claim

(1)  Except for those special situations referred to in subrule (2) of this rule, every family law case must be started by filing a notice of family claim under Rule 4-1.

 Rule 3-1 (2) BEFORE repealed by BC Reg 133/2012, effective March 18, 2013.

Special situations

(2)  The following family law cases must be started as follows:

(a) a joint family law case must be started in accordance with Rule 2-2;

(b) an order for adoption must be sought in a family law case started in accordance with subrule (3) of this rule;

(c) an order for a declaration of parentage must be sought in a family law case started in accordance with subrule (3);

(d) an order for return of a child under the Convention on the Civil Aspects of International Child Abduction signed at The Hague on October 25, 1980 must be sought in a family law case started in accordance with subrule (3);

(e) an order granting a person who is not a spouse or former spouse

(i)  leave under section 16 (3) of the Divorce Act to make an application for

(A)  custody of,

(B)  access to,

(C)  interim custody of, or

(D)  interim access to

a child, or

(ii)  leave under section 17 (2) of the Divorce Act to make an application for an order varying, rescinding or suspending, prospectively or retroactively, a custody order or support order,

must be sought in a family law case started in accordance with subrule (3) of this rule;

(f) an order under section 36 (1) of the Family Relations Act to apprehend a child must be sought in accordance with subrule (4) of this rule;

(g) an order under section 48 (1) of the Family Relations Act to enforce an extraprovincial order must be sought in accordance with subrule (4) of this rule;

(h) an order under the Divorce Act to rescind, change, suspend or supersede a support order or custody order of another court must be sought in accordance with subrule (4) of this rule.

 Rule 3-1 (2.1) was added by BC Reg 133/2012, effective March 18, 2013.

 Rule 3-1 (2.2) was added by BC Reg 133/2012, effective March 18, 2013.

 Rule 3-1 (2.3) was added by BC Reg 133/2012, effective March 18, 2013.

 Rule 3-1 (2.4) was added by BC Reg 133/2012, effective March 18, 2013.

 Rule 3-1 (3) and (4) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

Petitions

(3)  To obtain any of the orders referred to in subrule (2) (b) to (e), a person must start a family law case by petition under Rule 17-1 and seek the order within that family law case.

Applications and petitions

(4)  To obtain any of the orders referred to in subrule (2) (f) to (h) of this rule, a person may apply for the order as follows:

(a) if there is an existing family law case within which, under these Supreme Court Family Rules, it is appropriate to seek that order, the application for that order may be made in that family law case;

(b) if there is no existing family law case within which it is appropriate to seek that order, a person wishing to obtain that order must start a family law case by petition under Rule 17-1 and seek the order within that family law case.

 Rule 3-1 (4.1) was added by BC Reg 133/2012, effective March 18, 2013.

 Rule 3-1 (4.2) was added by BC Reg 133/2012, effective March 18, 2013.

 Rule 3-1 (4.3) was added by BC Reg 133/2012, effective March 18, 2013.

 Rule 3-1 (5) (a) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

(a) relief referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) of the definition of "family law case" in Rule 1-1 is being sought in the family law case, and

 Rule 3-1 (4.4) was added by BC Reg 90/2014, effective May 26, 2014.

 Rule 3-1 (1) BEFORE amended by BC Reg 121/2014, effective July 1, 2014.

 Rule 3-1 subrule 2.4 (f) and (g) were added by BC Reg 121/2014, effective July 1, 2014.

 Subrules (4.5) and (4.6) were added to Rule 3-1 by BC Reg 121/2014, effective July 1, 2014.

 Rule 3-1 (2.2) (c) BEFORE amended by BC Reg 208/2020, effective March 1, 2021.

(c) an order granting a person who is not a spouse or former spouse

(i) leave under section 16 (3) of the Divorce Act to make an application for

(A) custody of,

(B) access to,

(C) interim custody of, or

(D) interim access to

a child, or

(ii) leave under section 17 (2) of the Divorce Act to make an application for an order varying, rescinding or suspending, prospectively or retroactively, a custody order or support order.

 Rule 3-1 (2.2) (d) was added by BC Reg 208/2020, effective March 1, 2021.

 Rule 3-1 (2.4) (e) BEFORE amended by BC Reg 208/2020, effective March 1, 2021.

(e) an order under the Divorce Act to vary, rescind or suspend a support order or custody order of another court;

 Rule 3-1 (2.4) (h) was added by BC Reg 219/2023, effective November 15, 2023.

 Rule 4-1 (1) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

Notice of family claim

(1)  To start a family law case other than a family law case referred to in Rule 3-1 (2), a person must file a notice of family claim in Form F3.

[A joint family law case is to be brought under Rule 2-2.]

[An application to change an existing order is to be brought under Part 10.]

 Rule 4-4 (7.1) was added by BC Reg 119/2010, effective July 1, 2010.

 Rule 4-4 (1) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

Counterclaim

(1)  In addition to filing a response to family claim under Rule 4-3, a respondent may bring one or more of the following against the claimant:

(a) a claim under the Divorce Act;

(b) a claim under the Family Relations Act;

(c) a claim in relation to an agreement between persons who are or have been married or who are or have been in a marriage-like relationship, including a marriage agreement within the meaning of the Family Relations Act;

(d) a claim for annulment of marriage;

(e) a claim,

(i)  based on unjust enrichment or other trust claims, for an interest in property, or

(ii)  based on unjust enrichment, for compensation

if the claim for the interest or compensation arises out of a marriage-like relationship;

(f) a claim that, on its own, would not be the subject matter of a family law case if the claim is related to or connected with any of the relief sought in the family law case.

[Orders that may be sought under subrule (1) include orders for divorce, orders for custody or guardianship of, or access to, a child, orders for support for a child, spouse or parent, restraining orders, orders prohibiting interference with a child and orders dealing with property.]

 Rule 4-4 (1) (b.1) was added by BC Reg 249/2014, effective December 22, 2014.

 Rule 4-5 (2) (part) BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

 Rule 4-5 (2) (a) (i) BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

(i) sets out the reasons why the certificate is not being filed with the document and states that the certificate will be filed before the family law case is set down for trial or before an application is made for an order of divorce, nullity or judicial separation, or

 Rule 5-1 (1) definition of "child support guidelines", paragraph (a) BEFORE amended by BC Reg 133/2012, effective March 18, 2012.

(a) in reference to a claim under the Family Relations Act, the child support guidelines established under the Family Relations Act, or

 Rule 5-1 (1) definition of "party", BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

"party" means a person named as a party to a family law case who is claiming, or against whom is claimed,

(a) an order for child support or an order changing an order for child support,

(b) an order for spousal support or an order changing an order for spousal support,

(c) an order for parental support or an order changing an order for parental support, or

(d) relief under Part 5 of the Family Relations Act;

 Rule 5-1 (1) definition of "stepparent", paragraph (a) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

(a) a stepparent of the child within the meaning of section 1 (2) of the Family Relations Act, or

 Rule 5-1 (2), (9), (10) and (28) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

Application of this rule

(2)  This rule applies to a family law case as follows:

(a) if, in the family law case, a person is seeking to obtain or to change an order for child support, subrules (1), (3) to (8) and (11) to (32) apply;

(b) if, in the family law case, a person is seeking to obtain, review or change an order for spousal support or parental support, subrules (1), (3), (9) and (11) to (32) apply;

(c) if, in the family law case, a person is seeking to obtain or to change an order for relief under Part 5 of the Family Relations Act, subrules (1), (3) and (10) to (32) apply.

Who must provide income documents

(9)  In addition to any other documents a party is obliged to file and serve under this rule, a party must file Parts 1, 2 and 3 of a Form F8 financial statement along with the party's applicable income documents, and must serve those Parts and applicable income documents under subrule (11), if one of the following is true:

(a) the party is seeking to obtain a spousal support order or a parental support order;

(b) the party is seeking to change a spousal support order or a parental support order;

(c) a spousal support order or a parental support order is being sought against the party;

(d) a spousal support order or a parental support order has been obtained against the party and another party is seeking to change that order.

Each party who is making a claim under Part 5 of the Family Relations Act or against whom such a claim is being made mustWithout limiting Rule 21-5, if a party fails to comply with a requirement under this rule to file or serve a Form F8 financial statement or any applicable income document or fails to comply with an order under this rule to provide particulars, the court may do any or all of the following:

(e) impose a fine under section 92 (1) of the Family Relations Act;

 Rule 5-1 (1) definition of "party" BEFORE amended by BC Reg 133/2012 [amended by BC Reg 67/2013] effective March 18, 2013.

"party" means a person named as a party to a family law case who is claiming, or against whom is claimed,

(a) an order for child support or an order changing, suspending or terminating an order for child support,

(b) an order for spousal support or an order changing, suspending or terminating an order for spousal support,

(c) Repealed. [B.C. Reg. 133/2012, Sch. s.7(c).]

(d) relief under Part 5 of the Family Law Act;

 Rule 5-1 (1) definition of "party" BEFORE amended by BC Reg 249/2014, effective December 22, 2014.

"party" means a person named as a party to a family law case who is claiming, or against whom is claimed,

(a) an order for child support or an order changing, suspending or terminating an order for child support,

(b) an order for spousal support or an order changing, suspending or terminating an order for spousal support, or

(c) Repealed. [B.C. Reg. 67/2013, Sch. s. 1 (c).]

(d) relief under Part 5 of the Family Law Act;

 Rule 5-1 (2) (c.1) was added by BC Reg 249/2014, effective December 22, 2014.

 Rule 5-1 (10) BEFORE amended by BC Reg 249/2014, effective December 22, 2014.

 Rule 5-1 (1) definition of "applicable income documents", paragraph (e) BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

(e) if the person is receiving social assistance, current documentary evidence of the social assistance that is being received by that person,

 Rule 5-1 (1) definition of "income assistance" was added by BC Reg 321/2021, effective April 4, 2022.

 Rule 5-1 (1) definition of "social assistance" BEFORE repealed by BC Reg 321/2021, effective April 4, 2022.

"social assistance" includes

(a) income assistance within the meaning of the Employment and Assistance Act, and

(b) disability assistance within the meaning of the Employment and Assistance for Persons with Disabilities Act;

 Rule 5-1 (11) (a) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) if the disclosing party's obligation arises because of a claim he or she made, he or she must file and serve those documents within 30 days, or such other period as the court may order, after service of the document in which the claim is made;

 Rule 5-1 (30) BEFORE amended by BC Reg 166/2024, effective July 2, 2024.

(a) the court may order that the whole or any part of the document in which the information is contained, and the whole or any part of the transcript of the cross-examination on the document, must promptly be sealed in an envelope, and

 Rule 6-1 (1) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 6-1 (2) (part) and (3) (part) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 6-1 (2) (c) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(c) an e-mail address.

 Rule 6-1 (3) (a) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(a) the address or addresses for service required under subrule (1), and

 Rule 6-1 (1.1) was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 6-2 (8) was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 6-2 (2) (a) (part) and (b) BEFORE amended by BC Reg 165/2024, effective September 9.

(a) on a person, other than the FMEP Director, in any of the following ways:

(b) on the FMEP Director by

(i) mailing it to the post office box number provided by the FMEP Director, or

(ii) faxing it to the fax number provided by the FMEP Director.

 Rule 6-3 (1) (e) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

(e) a notice of application to rescind, change or suspend an existing final order and the accompanying documents referred to in Rule 10-6 (6);

 Rule 6-3 (1) (k) BEFORE repealed by BC Reg 133/2012, effective March 18, 2013.

(k) a request for the recognition of a custody or access order made outside British Columbia;

 Rule 6-3 (3) BEFORE amended by BC Reg 27/2013, effective March 18, 2013.

Service on Attorney General

(3)  A document to be served on the Attorney General must be served at the Ministry of Attorney General in the City of Victoria, and is sufficiently served if it is left during office hours with any lawyer on the staff of the Attorney General at Victoria or mailed by registered mail to the Deputy Attorney General at Victoria.

 Rule 6-3 (1) (e) (iv) was added by BC Reg 121/2014, effective July 1, 2014.

 Rule 6-3 (3) BEFORE amended by BC Reg 99/2018, effective May 18, 2018.

 Rule 6-3 (2) (g) (i) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(i) with the person's committee or, if there is no committee, with the person with whom the mentally incompetent person resides or in whose care he or she is or with the person appointed by the court to be served in the mentally incompetent person's place, and

 Rule 6-3 (2) (b) BEFORE amended by BC Reg 165/2024, effective September 9, 2024.

(b) if the document is to be served on the FMEP Director, by

(i) mailing it to the post office box number provided by the FMEP Director, or

(ii) faxing it to the fax number provided by the FMEP Director,

 Rule 6-4 (1) and (2) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Alternative service methods

(1)  If it is impracticable to serve a document by personal service or if the person to be served by personal service

(a) cannot be found after a diligent search, or

(b) is evading service of the documents,

the court may make an order, on application without notice, granting permission to use an alternative method of service.

If an alternative service method is permitted

(2)  If a document is to be served by an alternative method permitted under subrule (1), a copy of the entered order permitting that alternative method must be served with the document unless

(a) the court otherwise orders, or

(b) the alternative method of service permitted under subrule (1) is service by advertisement.

 Rule 6-5 (1) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

A notice of family claim, counterclaim, petition or other document in a family law case may be served on a person outside British Columbia without leave if the court has jurisdiction in relation to the family law case under section 10 of the Court Jurisdiction and Proceedings Transfer Act, section 44 or 45 of the Family Relations Act or section 3 or 4 of the Divorce Act.

 Rule 6-6 (3) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 6-7 (1) (a) and (b) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) did not come to his or her notice,

(b) came to his or her notice later than when it was served, or

 Rule 7-1 (19) was added by BC Reg 95/2011 July 1, 2011.

 Rule 7-1 (3) (b), (e) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

(b) an application for an order under section 67 of the Family Relations Act restraining the disposition of assets;

(e) an application to change a final order.

 Rule 7-1 (15) (d) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

(d) with the consent of the parties, refer any issues to mediation with a private mediator;

 Rule 7-1 (3) (a) BEFORE repealed by BC Reg 133/2012, effective March 18, 2013.

(a) an application for a declaration under section 57 of the Family Relations Act that there is no reasonable prospect of reconciliation;

 Rule 7-1 (3) (f) and (g) were added by BC Reg 133/2012, effective March 18, 2013.

 Rule 7-1 (15) (f) BEFORE amended by BC Reg 27/2013, effective March 18, 2013.

(f) direct a party to attend the Parenting after Separation program operated by the Family Justice Services Division (Justice Services Branch), Ministry of Attorney General;

 Rule 7-1 (3) (b.1) was added by BC Reg 249/2014, effective December 22, 2014.

 Rule 7-1 (15) (f) BEFORE amended by BC Reg 99/2018, effective May 18, 2018.

(f) direct a party to attend the Parenting after Separation program operated by the Family Justice Services Division (Justice Services Branch), Ministry of Justice;

 Rule 7-1 (5) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 7-1 (13) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 7-1 (13.1) was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 7-1 (12) (17) and (18) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 7-1 (15) (j.1) was added by BC Reg 188/2024, effective December 1, 2024.

 Rule 7-2 (1) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Part 7.1, Rules 7.1-1 to 7.1-3 was enacted by BC Reg 176/2023, effective September 1, 2023.

 Rule 7.1-1 (4) (a) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

(a) must be made by requisition in Form F17, and

 Rule 7.1-2 (1) and (6) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 7.1-3 (1) (part), (2) (part), (3), (5) and (8) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 7.1-3 (1) (w) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(w) any orders the judge or master considers will further the object of these Supreme Court Family Rules.

 Rule 7.1-3 (1) (r.1) was added by BC Reg 188/2024, effective December 1, 2024.

 Rule 8-1 (1) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

When pleading may be amended

(1)  Subject to Rules 8-2 (9) and 9-6 (5), a party may amend the whole or any part of, including any Schedule to, a pleading filed by the party

(a) once without leave of the court, at any time before service of the notice of trial, or

(b) after a notice of trial is served, only with

(i)  leave of the court, or

(ii)  written consent of the parties.

 Rule 8-1 (1) (part) BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

 Rule 8-1 (5) (a) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) may amend, under this rule, any pleading he or she had filed in response to the original version of the primary pleading but only with respect to any matter raised by the amendments to the primary pleading, and

 Rule 8-1 (6) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 8-2 (8) (b) (ii) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

(ii)  the person may apply to the court to change or cancel the order within 21 days after the date on which the order is served on the person under subparagraph (i) of this paragraph, and

 Rule 8-2 (11) was added by BC Reg 105/2019, effective July 1, 2019.

 Rule 9-1 (6) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Supplementary list of documents

(6)  If, after a list of documents has been served under this rule,

(a) it comes to the attention of the party serving it that the list is inaccurate or incomplete, or

(b) there comes into the party's possession or control a document that could be used by any party at trial to prove or disprove a material fact or any other document to which the party intends to refer at trial,

the party must promptly serve on the other parties a supplementary list of documents specifying the inaccuracy or document.

 Rule 9-1 (7) (a) and (b) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(a) prepare a supplementary list of documents,

(b) serve on the demanding party the supplementary list of documents, and

 Rule 9-1 (8) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Party may demand additional documents

(8)  If a party who has received a list of documents believes that the list should include documents or classes of documents that relate to any or all matters in question in the family law case but that are additional to the documents or classes of documents required under subrule (1) or (6), the party, by written demand that identifies the additional documents or classes of documents with reasonable specificity and that indicates the reason why such additional documents or classes of documents should be disclosed, may require the party who prepared the list to

(a) prepare a supplementary list of documents,

(b) serve on the demanding party the supplementary list of documents, and

(c) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (12) and (13).

 Rule 9-1 (11) (b) (i) and (ii) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(i)  prepare a supplementary list of documents to list additional documents that are or have been in the party's possession or control relating to any or all matters in question in the family law case,

(ii)  serve the supplementary list of documents on all parties, and

 Rule 9-1 (12) and (13) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Inspection of documents

(12)  A party who has served a list of documents on any other party must allow the other party to inspect and copy, during normal business hours and at the location specified in the list of documents, the listed documents that are in the listing party's possession or control, except those documents that the listing party objects to producing.

Copies of documents

(13)  If a party is entitled to inspect documents in the possession or control of another party, the party having possession or control of the documents must, on the request of the party entitled to inspection and on receiving payment in advance of the cost of reproduction and service, serve on the requesting party copies of the documents, if reproducible, for which a request has been made.

 Rule 9-1 (1) (b) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(b) serve the list of documents as follows:

(i) a person who files a notice of family claim must serve his or her list of documents on a party within 35 days after being served with that party's response to family claim or response to counterclaim;

(ii) a person who files a response to family claim must serve his or her list of documents on a party within 35 days after serving his or her response to family claim on that party;

(iii) a person who files a response to counterclaim must serve his or her list of documents on a party within 35 days after serving his or her response to counterclaim on that party unless that list of documents has already been served on that party.

 Rule 9-2 (7) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Examination of guardian and infants

(7)  If a party to be examined for discovery is an infant, the infant, his or her guardian and his or her litigation guardian may be examined for discovery.

 Rule 9-2 (12) (b) BEFORE amended by B.C. Reg 112/2012, effective July 1, 2012.

(b) in any other case, ensure that, at least 7 days before the examination for discovery, the person to be examined is served with an appointment in Form F21 and is tendered witness fees in the amount required under Schedule 3 of Appendix C;

 Rule 9-2 (1) (a) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) make himself or herself available, or

 Rule 9-2 (17) (a) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) must answer any question within his or her knowledge or means of knowledge regarding any matter, not privileged, relating to a matter in question in the family law case, and

 Rule 9-2 (7), (8), (15), (16), (18), (19) and (21) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 9-4 (4) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Part 10, Division 2, heading BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

Division 2 - Non-final and Change Orders

 Rule 10-1 (1) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

Applications for non-final orders or to rescind, change or suspend a final order

(1)  To obtain a non-final order, or to rescind, change or suspend a final order, a party must apply in accordance with Rule 10-5.

 Rule 10-2 (7) and (8) BEFORE repealed by BC Reg 119/2010, effective July 1, 2010.

Transfer of file

(7)  If a procedure authorized by subrule (2) or (4) is followed,

(a) the original registry must, if practicable, transfer the file to the registry where the hearing is to take place, and

(b) after the disposition of the application, the registry where the hearing took place must return the file to the original registry.

Forwarding of materials if transfer of file impracticable

(8)  If it is not practicable to transfer the file in the manner contemplated by subrule (7) (a), the registry where the hearing took place must, after the disposition of the application, forward to the original registry

(a) all documents filed in relation to the application in the registry where the hearing took place, and

(b) any order made in that application.

 Rule 10-2 (5) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 10-3 subrule (4) BEFORE amended by BC Reg 41/2013 effective March 18, 2013.

Evidence on an application

(4)  On a chambers proceeding, evidence must be given by affidavit, but the court may

(a) order the attendance for cross-examination of the person who swore or affirmed the affidavit, either before the court or before another person as the court directs,

(b) order the examination of a party or witness, either before the court or before another person as the court directs,

(c) give directions required for the discovery, inspection or production of a document or copy of that document,

(d) order an inquiry, assessment or accounting under Rule 18-1, and

(e) receive other forms of evidence.

[Subrule (4) (a) applies to all affidavits, including Form F8 financial statements.]

 Rule 10-3 (1) (c) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(c) an appeal from, or an application to confirm, change or set aside, an order, a report, a certificate or a recommendation of a master, registrar, special referee or other officer of the court;

 Rule 10-4 (13) (b) (i) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

(i)  in respect of an application that does not seek a final order or a change in a final order, or

 Rule 10-4 (2) BEFORE amended by BC Reg 41/2013, effective March 18, 2013.

Form and content of affidavit

(2)  An affidavit

(a) must be expressed in the first person and show the name, address and occupation of the person swearing or affirming the affidavit,

(b) if the person swearing or affirming the affidavit is a party or the lawyer, agent, director, officer or employee of a party, must state that fact,

(c) must be divided into paragraphs numbered consecutively, and

(d) may be in Form F30.

 Rule 10-4 (9) BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

 Rule 10-4 (4) (b) (ii) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(ii) if the person swearing or affirming the affidavit is unable to sign the affidavit, places his or her mark on it, and

 Rule 10-4 (6) and (7) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 10-4 (5) BEFORE amended by BC Reg 165/2024, effective September 9, 2024.

 Rule 10-4 (6.1) was enacted by BC Reg 165/2024, effective September 9, 2024.

 Rule 10-5 (1) BEFORE amended by editorial change effective July 1, 2010.

How to bring applications for non-final orders

 Rule 10-5 BEFORE re-enacted by BC Reg 133/2012, effective March 18, 2013.

Rule 10-5 — Applications for Non-final Orders or to Rescind, Change or Suspend a Final Order

How to bring applications for non-final or change orders

(1)  To apply for a non-final order from the court or to apply to rescind, change or suspend a final order, a party must do the following:

(a) in the case of an application not referred to in paragraph (b), (c), (d) or (e) of this subrule, apply in accordance with Rule 10-6;

(b) in the case of an application for an order by consent, apply in accordance with Rule 10-6 or 10-7;

(c) in the case of an application of which notice need not be given, apply in accordance with Rule 10-6 or 10-8;

(d) in the case of an urgent application, apply in accordance with Rule 10-9;

(e) in the case of an application for which a procedure is provided for by these Supreme Court Family Rules, apply in accordance with that procedure.

 Rule 10-5 (1) (part) BEFORE amended by BC Reg 121/2014, effective July 1, 2014.

 Rule 10-5 (2) (e) was added to Rule 3-1 by BC Reg 121/2014, effective July 1, 2014.

 Rule 10-6 (5) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Date and time if hearing time more than 2 hours

(5)  If the application is estimated to take more than 2 hours, the date and time of hearing must be fixed by a registrar.

 Rule 10-6 (6) (a) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(a) a copy of the filed of the notice of application;

 Rule 10-6 (8) and (12) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Application response

(8)  A person who is served with documents referred to in subrule (6) of this rule and who wishes to receive notice of the time and date of the hearing of the application or who wishes to respond to the notice of application (in this subrule called the "responding person") must file the following within 5 days after service or, in the case of an application under Rule 11-3, within 11 days after service:

(a) an application response;

(b) the original of every affidavit, and of every other document, that

(i)  is to be referred to by the responding person at the hearing, and

(ii)  has not already been filed in the family law case.

Applicant may respond

(12)  An applicant who wishes to respond to any document served under subrule (11) of this rule must file and serve on each application respondent any responding affidavits no later than noon on the day before the date set for the hearing.

 Rule 10-6 (14) (part) and (14) (a) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(14)  Subject to subrule (16), if an application will be opposed, the applicant must provide to the registry, no later than noon on the day before the date set for the hearing, an application record as follows:

(a) unless the application record is provided to the registry electronically, the application record must be in a ring binder or in some other form of secure binding;

 Rule 10-6 (16) to (18) and (20) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

If application respondent's application is to be heard at the hearing

(16)  If an application respondent intends to set an application for hearing at the same time as the applicant's application, those parties must, so far as is possible, prepare and file a joint application record and agree to a date for the hearing of both applications.

Application record to be returned

(17)  Unless the court otherwise orders, the applicant must, unless the application record was provided to the registry electronically, retrieve the application record

(a) at the conclusion of the hearing, or

(b) if the hearing of the application is adjourned to a date later than the following court day, after the hearing is adjourned.

Application record to be returned to the registry

(18)  If the application record has been retrieved by the applicant under subrule (17) (b), the applicant must return the application record to the registry between 9:00 a.m. on the second court day before, and noon on the court day before, the new date set for the hearing of the application.

Application respondent may apply for directions

(20)  If the applicant does not set an application for hearing within a reasonable time after an application respondent has requested the applicant to do so, an application respondent may apply, by requisition in Form F17 on 2 days' notice, for directions.

 Rule 10-6 (19.1) was added by BC Reg 119/2010, effective July 1, 2010.

 Rule 10-6 (1), (3), (7) and (8) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

Definition

(1)  In this rule, "application respondent" means a person who files an application response under subrule (8).

Contents of notice of application

(3)  A notice of application must be in Form F31, must not exceed 10 pages in length and must

(a) set out the orders sought,

(b) briefly summarize the factual basis for the application,

(c) set out the rule, enactment or other jurisdictional authority relied on for the orders sought and any other legal arguments on which the orders sought should be granted,

(d) list the affidavits and other documents on which the applicant intends to rely at the hearing of the application,

(e) set out the applicant's estimate of the time the application will take for hearing,

(f) subject to subrules (4) and (5), set out the date and time of the hearing of the application,

(g) set out the place for the hearing of the application in accordance with Rule 10-2, and

(h) provide the data collection information required in the appendix to the form.

Service requirements

(7)  The documents referred to in subrule (6) of this rule must be served as follows:

(a) subject to paragraphs (b) and (c) of this subrule, the documents must be served at least 7 days before the date set for the hearing of the application;

(b) in the case of an application under Rule 11-3, the documents must be served at least 14 days before the date set for the hearing of the application;

(c) in the case of an application to rescind, change or suspend a final order,

(i)  the documents must be served by personal service in accordance with Rule 6-3(2), and

(ii)  service under subparagraph (i) of this paragraph must occur at least 28 days before the date set for the hearing of the application.

Application response

(8)  A person who is served with documents referred to in subrule (6) of this rule and who wishes to respond to the notice of application (in this subrule called the "responding person") must file the following within 5 days after service or, in the case of an application under Rule 11-3, within 11 days after service:

(a) an application response;

(b) the original of every affidavit, and of every other document, that

(i)  is to be referred to by the responding person at the hearing, and

(ii)  has not already been filed in the family law case.

[am. B.C. Reg. 119/2010, Sch. B, s. 8 (c).]

 Rule 10-6 (9) (b) (ii) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

(ii)  list the affidavits and other documents on which the application respondent intends to rely at the hearing of the application, and

 Rule 10-6 (12), (13), (14), (15) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

Applicant may respond

(12)  An applicant who wishes to respond to any document served under subrule (11) of this rule must file and serve on each application respondent any responding affidavits no later than 4 p.m. on the day that is one full day before the date set for the hearing.

[am. B.C. Reg. 119/2010, Sch. B, s. 8 (d).]

No additional affidavits

(13)  Unless all parties consent or the court otherwise orders, a party must not serve any affidavits additional to those served under subrules (6), (11) and (12).

(14)  Subject to subrule (16), the applicant must provide to the registry where the hearing is to take place, no later than 4 p.m. on the day that is one full day before the date set for the hearing, an application record as follows:

Service of application record index

(15)  The applicant must serve a copy of the application record index on each application respondent no later than noon of the court day before the date set for the hearing.

 Rule 10-6 (17) (b) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

(b) if the hearing of the application is adjourned to a date later than the following court day, after the hearing is adjourned.

 Rule 10-6 (18) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

Application record to be returned to the registry

(18)  If the application record has been retrieved by the applicant under subrule (17) (b), the applicant must return the application record to the registry between 9:00 a.m. on the second court day before, and 4 p.m. on the day that is one full day before, the new date set for the hearing of the application.

[am. B.C. Reg. 119/2010, Sch. B, s. 9.]

 Rule 10-6 (19.1) (b) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

(b) serve a copy of the filed requisition on the application respondents at least 2 days before the date set for the hearing.

 Rule 10-6 (20) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

Application respondent may apply for directions

(20)  If, after an application has been adjourned generally, the applicant does not reset the application for hearing within a reasonable time after an application respondent has requested the applicant to do so, an application respondent may apply, by requisition in Form F17 on 2 days' notice, for directions.

[am. B.C. Reg. 119/2010, Sch. B, s. 8 (j).]

 Rule 10-6 (8.1) was added by BC Reg 241/2010, effective July 30, 2010.

 Rule 10-6 (11) BEFORE repealed by BC Reg 241/2010, effective July 30, 2010.

Service of application response materials

(11)  An application respondent must serve on the applicant 2 copies of the following, and on every party one copy of the following, at least 2 days before the date set for the hearing of the application:

(a) a copy of the filed application response;

(b) a copy of each of the filed affidavits and documents, referred to in the application response under subrule (9) (b) (ii), that has not already been served on that person;

(c) if the application is brought under Rule 11-3, any notice that the application respondent is required to give under Rule 11-3 (9).

 Rule 10-6 (6) (c) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

(c) if the application is brought under Rule 11-3, any notice that the applicant is required to give under Rule 11-3 (9).

 Rule 10-6 (7) (c) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

(c) in the case of an application to rescind, change or suspend a final order,

(i)  the documents must be served by personal service in accordance with Rule 6-3 (2), and

(ii)  service under subparagraph (i) of this paragraph must occur at least 21 business days before the date set for the hearing of the application.

 Rule 10-6 (8.1) (c) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

(c) in the case of an application to rescind, change or suspend a final order, within 14 business days after service of the documents referred to in subrule (6).

 Rule 10-6 (d), (e) and (7) (d) were added by BC Reg 133/2012, effective March 18, 2013.

 Rule 10-6 (2) BEFORE amended by BC Reg 41/2013, effective March 18, 2013.

Notice of application

(2)  A party wishing to apply under this rule must file

(a) a notice of application, and

(b) the original of every affidavit, and of every other document, that

(i)  is to be referred to by the applicant at the hearing, and

(ii)  has not already been filed in the family law case.

 Rule 10-6 (2) If an order was added by BC Reg 41/2013, effective March 18, 2013.

 Rule 10-6 (6) (part) BEFORE amended by BC Reg 121/2014, effective July 1, 2014.

 Rule 10-6 (6) (f) was added by BC Reg 121/2014, effective July 1, 2014.

 Rule 10-6 (7) (d) BEFORE amended by BC Reg 121/2014, effective July 1, 2014.

(d) in the case of an application to change or set aside a determination of a parenting coordinator filed under Rule 2-1.1 (1), the documents must be served by personal service in accordance with Rule 6-3 (2) and paragraph (a) of this subrule.

 Rule 10-6 (8.1) (c) BEFORE amended by BC Reg 121/2014, effective July 1, 2014.

(c) in the case of an application to change, suspend or terminate a final order or to set aside or replace the whole or any part of an agreement filed under Rule 2-1 (2), within 14 business days after service of the documents referred to in subrule (6).

 Rule 10-6 (14) (b) (vii) was added by BC Reg 121/2014, effective July 1, 2014.

 Rule 10-6 (1) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 10-6 (14) (part) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 10-6 (14) (b) (viii) and (e) were added by BC Reg 176/2023, effective September 1, 2023.

 Rules 10-6 (14.1) to (14.6) were added by BC Reg 239/2023, effective January 15, 2024.

 Rule 10-6 (19.1) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

 Rule 10-6 (19.1) (a) (v) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(v) whether the orders sought are within the jurisdiction of a master, and

 Rule 10-6 (14) (b) (i) BEFORE amended by BC Reg 165/2024, effective September 9, 2024.

(i) a title page bearing the style of proceeding and the names of the lawyers, if any, for the applicant and the application respondents;

 Rule 10-6 (19.1) (a) (i.1) was added by BC Reg 165/2024, effective September 9, 2024.

 Rule 10-7 (1) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Application by consent

(1)  Subject to subrule (2), an application for an order by consent may be made by filing

(a) a requisition in Form F29,

(b) a draft of the proposed order in Form F33,

(c) evidence, in accordance with Rule 15-1 (11), that the application is consented to, and

(d) any consent or comments of the Public Guardian and Trustee required under section 40 of the Infants Act.

 Rule 10-7 (1) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

Application by consent

(1)  Subject to subrule (2), an application for a non-final order by consent, or to rescind, change or suspend a final order by consent, may be made by filing

(a) a requisition in Form F29,

(b) a draft of the proposed order in Form F33,

(c) evidence, in accordance with Rule 15-1 (11), that the application is consented to, and

(d) any consent or comments of the Public Guardian and Trustee required under section 40 of the Infants Act.

[am. B.C. Reg. 119/2010, Sch. B, s. 10.]

 Rule 10-7 (1.1) was added by BC Reg 133/2012, effective March 18, 2013.

 Rule 10-7 (1) BEFORE amended by BC Reg 41/2013, effective March 18, 2013.

How consent applications are to be brought

(1)  To apply for an order referred to in subrule (1.1), a party must file the following, and to apply for a consent order to enforce an agreement filed under Rule 2-1 (2), to enforce an order or to enforce compliance with a determination of a parenting coordinator, a party may file the following:

(a) a requisition in Form F29;

(b) a draft of the proposed order in Form F33;

(c) evidence, in accordance with Rule 15-1 (11), that the application is consented to;

(d) any consent or comments of the Public Guardian and Trustee required under section 40 of the Infants Act.

[en. B.C. Reg. 133/2012, Sch. s. 17.]

 Rule 10-7 (1) If an order was added by BC Reg 41/2013, effective March 18, 2013.

 Rule 10-7 (1) (part) BEFORE amended by BC Reg 121/2014, effective July 1, 2014.

 Rule 10-7 (1.1) (e) was added by BC Reg 121/2014, effective July 1, 2014.

 Rule 10-7 (2) (a) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(a) refer the application to a judge or, if the order sought is within the jurisdiction of a master, to a judge or master, or

 Rule 10-7 (3) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 10-8 BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Rule 10-8 — Applications of Which Notice Is Not Required

Application of which notice is not required

(1)  An application of which notice is not required may be made by filing

(a) a requisition in Form F29,

(b) a draft of the proposed order in Form F34, and

(c) evidence in support of the application.

Referral by registrar

(2)  On being satisfied that the materials appropriate for an application referred to in subrule (1) have been filed in accordance with subrule (1), a registrar may refer the application to a judge or, if the order sought is within the jurisdiction of a master, to a judge or master.

Disposition of referred applications

(3)  If an application is referred by a registrar to a judge or master under subrule (2), the judge or master may

(a) make the order, or

(b) give directions respecting the application.

 Rule 10-8 (1) BEFORE amended by BC Reg 41/2013, effective March 18, 2013.

Application of which notice is not required

(1)  An application of which notice is not required may be made by filing

(a) a requisition in Form F29,

(b) a draft of the proposed order in Form F34, and

(c) affidavit or other evidence in support of the application.

[am. B.C. Reg. 119/2010, Sch. B, s. 11 (a).]

 Rule 10-9 (2) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Part 10, Division 3, heading BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

 Rule 10-10 (2) BEFORE amended by BC Reg 41/2013, effective March 18, 2013.

How to bring applications by requisition

(2)  A party wishing to apply for judgment under subrule (1) (a) must file the following:

(a) a requisition in Form F35;

(b) a draft of the proposed order;

(c) proof that the case is an undefended family law case;

(d) a certificate of the registrar in Form F36 certifying that the pleadings and proceedings in the family law case are in order;

(e) unless subrule (3) applies, proof of service of the notice of family claim or counterclaim under which judgment is sought;

(f) if appropriate, a Child Support Affidavit in Form F37

(g) if a divorce is sought, an affidavit in Form F38.

[For the purposes of paragraph (f), it is "appropriate" to file a child support affidavit if

(a) the family law case includes a claim for divorce and the notice of family claim, response to family claim, counterclaim or response to counterclaim identifies a child of the marriage within the meaning of the Divorce Act, or

(b) the family law case includes a claim for child support.]

 Rule 10-10 (2) (f.1) and If an order was added by BC Reg 41/2013, effective March 18, 2013.

 Rule 10-10 (2) (h) was added by BC Reg 208/2020, effective March 1, 2021.

 Rule 10-10 (1) (a.1) was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 11-1 (5) (c) and (d) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(c) award to a party, in respect of all or some of the steps taken in the family law case after the date of delivery of the offer to settle, costs to which the party would have been entitled had the offer not been made;

(d) if the offer was made by a respondent and the judgment awarded to the claimant was no greater than the amount of the offer to settle, award to the respondent the respondent's costs in respect of all or some of the steps taken in the family law case after the date of delivery of the offer to settle.

 Rule 11-1 (5) (d) BEFORE amended by BC Reg 121/2014, effective July 1, 2014.

(d) if the offer was made by a respondent and the judgment awarded to the claimant was no greater than the amount of the offer to settle, award to the respondent the respondent's costs in respect of all or some of the steps taken in the family law case after the date of delivery or service of the offer to settle.

 Rule 11-2 (1) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(1)  At any stage of a family law case, the court may order to be struck out or amended the whole or any part of a pleading or other document on the ground that

 Rule 11-3 (7) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Application of Rules 13-6 and 13-7

(7)  Rules 13-6 (3) and 13-7 (1) (a) apply to a summary trial application.

 Rule 11-3 (10) (b) BEFORE amended by BC Reg 241/2010, effective July 30, 2010.

(b) by a party who is not an applicant, in accordance with Rule 10-6 (11).

 Rule 11-3 (2) (d) was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 11-3 (13) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 11-4 (3), (4) and (6) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 12-2 (4) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 13-1 BEFORE re-enacted by BC Reg 133/2012, effective March 18, 2013.

Rule 13-1 — Court Ordered Reports under Section 15 of the Family Relations Act

Court-ordered report must be filed

(1)  If the court directs an investigation into a family matter under section 15 of the Family Relations Act, the person preparing a report in response to that direction must

(a) include in the report an address for service at which a notice under subrule (2) may be served, and

(b) after the report is released and unless the court otherwise orders,

(i)  serve a copy of the report on all parties, and

(ii)  provide a copy of the report to the court in accordance with section 15(3) of the Family Relations Act.

Permission required to call person who prepares court-ordered report

(2)  A party who wishes to cross-examine at trial the person who prepared a report referred to in subrule (1) must, at least 49 days before the scheduled trial date, serve on the person and all parties, by ordinary service, a notice in Form F43.

Person who prepares court-ordered report must attend

(3)  If a notice is served under subrule (2), the person who prepared a report referred to in subrule(1) must attend for cross-examination at the date, time and place set out in the notice.

Cost of calling preparer of report

(4)  If the court determines that it was unnecessary for a party to cross-examine the person who prepared a report referred to in subrule (1), the court may order the party to do one or both of the following:

(a) pay costs in an amount the court considers appropriate;

(b) pay to the person who prepared the report the costs associated with that person's attendance.

 Rule 13-2 (2) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 13-3 (1) (a) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

(a) an issue arising out of a claim under Part 5 or 6 of the Family Relations Act,

 Rule 13-3 (1) (a) BEFORE amended by BC Reg 249/2014, effective December 22, 2014.

(a) an issue arising out of a claim under Part 5 or 6 of the Family Law Act,

 Rule 13-3 (3) (b) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(b) any one or more of the parties may appoint his or her own expert.

 Rule 13-4 (2) (b) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(b) the agreement must be signed by the expert to signify that he or she

 Rule 13-5 (4) and (9) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 13-6 (1) (d) and (e) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(d) the nature of the opinion being sought and each issue in the family law case to which the opinion relates;

(e) the expert's opinion respecting each issue and, if there is a range of opinions given, a summary of the range and the reasons for the expert's own opinion within that range;

 Rule 13-6 (1) (b) and (f) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(b) the expert's qualifications and employment and educational experience in his or her area of expertise;

(f) the expert's reasons for his or her opinion, including

 Rule 13-6 (1) (f) (ii) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(ii) a description of any research conducted by the expert that led him or her to form the opinion, and

 Rule 13-6 (8) (a) (iv) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(iv) the results of any test conducted by or for the expert, or of any inspection conducted by the expert, if the expert has relied on that test or inspection in forming his or her opinion, and

 Rule 13-7 (5) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 14-2 (2) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Content of notice of trial

(2)  A notice of trial filed under subrule (1) must set out

(a) the date reserved at a judicial case conference for the trial management conference required under Rule 14-3 or, if no date for a trial management conference was reserved at a judicial case conference, the date obtained for the trial management conference from the registry, and

(b) the date reserved at a judicial case conference for the trial or, if no trial date was reserved at a judicial case conference, the trial date obtained from the registry.

 Rule 14-2.1 was enacted by BC Reg 176/2023, effective September 1, 2023.

 Rule 14-2.1 (4) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 14-3 (2), (5), (9), (10) and (11) BEFORE amended by BC Reg 58/2012, effective April 25, 2012.

Trial management conference must be conducted by judge

(2)  If practicable, a trial management conference is to be conducted by the judge who will preside at the trial.

Non-attendance at trial management conference

(5)  If a person who, under subrule (4), is required to attend a trial management conference fails to appear at that trial management conference, the trial management conference judge may do one or more of the following:

(a) proceed in the absence of the person who failed to appear;

(b) adjourn the trial management conference;

(c) order that the person, or the party on whose behalf the person was to attend, pay costs to one or more other parties.

Orders at a trial management conference

(9)  The judge presiding at a trial management conference may consider the following and, without limiting the ability of the trial judge to make other orders at trial, may, whether or not on the application of a party, make orders respecting one or more of the following:

(a) directing the parties to attend a settlement conference;

(b) amendment of a pleading within a fixed time;

(c) a plan for how the trial should be conducted;

(d) admissions of fact at trial;

(e) admission of documents at trial, including

(i)  agreements as to the purposes for which documents may be admitted, and

(ii)  the preparation of common books of documents and document agreements;

(f) imposing time limits for the direct examination or cross-examination of witnesses, opening statements and final submissions;

(g) directing that a party provide a summary of the evidence that the party expects one or more of the party's witnesses will give at trial;

(h) directing that evidence of witnesses be presented at trial by way of affidavit;

(i) respecting experts, including, without limitation, orders that the parties' experts must, before the service of their respective reports, confer to determine and report on those matters on which they agree and those matters on which they do not agree;

(j) directing that the parties present opening statements and final submissions in writing;

(k) adjournment of the trial;

(l) directing that the number of days reserved for the trial be changed;

(m) adjourning the trial management conference;

(n) directing the parties to attend a further trial management conference at a specified date and time;

(o) any other matter that may assist in making the trial more efficient;

(p) any other matter that may aid in the resolution of the family law case;

(q) any orders the judge considers will further the object of these Supreme Court Family Rules.

When approval in writing by lawyer not required

(10)  Without limiting Rule 15-1 (4), if an order under subrule (9) of this rule is signed or initialled by the trial management conference judge, that order need not be approved in writing by a lawyer or by a party.

Prohibited orders

(11)  A trial management conference judge must not, at a trial management conference,

(a) hear any application for which affidavit evidence is required, or

(b) make an order for final judgment, except by consent.

 Rule 14-3 (1) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 14-3 (1.1) was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 14-3 (2) and (6) (part) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 14-3 (3) BEFORE repealed by BC Reg 176/2023, effective September 1, 2023.

 Rule 14-3 (7) (a) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(a) must be made by requisition in Form F17,

 Rule 14-3 (7) (b) BEFORE repealed by BC Reg 176/2023, effective September 1, 2023.

(b) must be supported by a letter signed by the person or the person's lawyer setting out the reasons why the order is sought, and

 Rule 14-3 (2), (5) (part), (9) (part), (10) and (11) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 14-3 (9) (q) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(q) any orders the judge or master considers will further the object of these Supreme Court Family Rules.

 Rule 14-3 (1) (b) (iv) was added by BC Reg 188/2024, effective December 1, 2024.

 Rule 14-3 (9) (j.1) was added by BC Reg 188/2024, effective December 1, 2024.

 Rule 14-4 (1) (b) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(b) particulars delivered under a demand, together with the demand made,

 Rule 14-4 (5) (part) BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

 Rule 14-4 (1) (c.1) and (d.1) were added by BC Reg 176/2023, effective September 1, 2023.

 Rule 14-4 (1) (a) was renumbered as (a.1) by BC Reg 165/2024, effective September 9, 2024.

 Rule 14-4 (1) (a) was added by BC Reg 165/2024, effective September 9, 2024.

 Rule 14-5 (3) (d) was added by BC Reg 119/2010, effective July 1, 2010.

 Rule 14-5 (19) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

Failure to file

(5)  If no party files a trial certificate, the trial must be removed from the trial list.

 Rule 14-5 (1) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 14-5 (3) (d) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(d) a statement that a trial management conference has been conducted in the family law case.

 Rule 14-7 (28) BEFORE amended by BC Reg 149/2022, effective October 3, 2022.

 Rule 14-7 (59) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 14-7 (38) sandwich text BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 14-7 (47), (54) and (63) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 14-7 (72) (a) and (b) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) the party on whom the onus of proof lies may open his or her case before giving evidence;

(b) at the close of the case of the party who began, the opposite party, if that party announces his or her intention to give evidence, may open his or her case;

 Rule 15-1 (1) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Form of order

(1)  Unless these Supreme Court Family Rules otherwise provide, an order must be

(a) in Form F33 if the order is made without a hearing and by consent,

(b) in Form F51 if the order is a restraining order made under section 46 of the Family Maintenance Enforcement Act or under section 37, 38 or 126 of the Family Relations Act,

(c) in Form F52 if the order is a final order,

(d) in Form F53 if the order is made after a trial, and

(e) in Form F54 in any other case.

 Rule 15-1 (1) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

Form of order

(1)  Unless these Supreme Court Family Rules otherwise provide, an order must be in the following form:

(a) if the order is a final order,

(i)  in Form F33 if the order rescinds, changes or suspends a final order and is made by consent,

(ii)  in Form F51 if the order rescinds, changes or suspends a final order and is not made by consent,

(iii)  in Form F34 if the order is made under Rule 10-8 without notice and without a hearing, or

(iv)  in Form F52 in any other case;

(b) if the order is not a final order and is made without a hearing and by consent, in Form F33;

(c) if the order is not a final order and is made under Rule 10-8 without notice and without a hearing, in Form F34;

(d) if the order is a restraining order made under section 46 of the Family Maintenance Enforcement Act or under section 37, 38 or 126 of the Family Relations Act, in Form F54;

(e) for any order not referred to in paragraph (a), (b), (c) or (d), in Form F51.

[en. B.C. Reg. 119/2010, Sch. B, s. 19.]

 Rule 15-1 (2) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

Restraining order

(2)  A restraining order made under section 37, 38 or 126 of the Family Relations Act or section 46 of the Family Maintenance Enforcement Act must not include any provisions respecting matters that are not directly related to the matters set out in those sections.

 Rule 15-1 (3) (b) BEFORE amended by BC Reg 121/2014, effective July 1, 2014.

(b) subject to subrule (4) and paragraph (c) of this subrule, must, unless the court otherwise orders, be approved in writing by all parties or their lawyers,

 Rule 15-1 (1) (d.4) was added by BC Reg B.C. Reg. 104/2015 effective July 1, 2015.

 Rule 15-1 (3) (a) BEFORE amended by BC Reg B.C. Reg. 104/2015 effective July 1, 2015.

(a) subject to subrule (16), may be drawn up by any party,

 Rule 15-1 (16.1) was added by BC Reg B.C. Reg. 104/2015 effective July 1, 2015.

 Rule 15-1 (1) (d.2) BEFORE amended by BC Reg 149/2022, effective October 3, 2022.

(d.2) if the order is a change of a protection order under section 187 of the Family Law Act, in Form F54.1;

 Rule 15-1 (2.1) to (2.4) were added by BC Reg 149/2022, effective October 3, 2022.

 Rule 15-1 (3) (b) BEFORE amended by BC Reg 149/2022, effective October 3, 2022.

(b) subject to subrule (4) and paragraph (c) of this subrule, must, unless the court otherwise orders or the order is one referred to in subrule (1) (d.1), (d.2) or (d.3), be approved in writing by all parties or their lawyers,

 Rule 15-1 (3.1) to (3.4) were added by BC Reg 149/2022, effective October 3, 2022.

 Rule 15-1 (13) BEFORE amended by BC Reg 149/2022, effective October 3, 2022.

 Rule 15-1 (1) (d.5) was added by BC Reg 176/2023, effective September 1, 2023.

 Rule 15-1 (1) (e) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(e) for any order not referred to in paragraph (a), (b), (c), (d.1), (d.2) or (d.3), in Form F51.

 Rule 15-1 (4), (8) and (12) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 15-2 (0.1) was added by BC Reg 4/2016, effective July 1, 2016.

 Rule 15-2.1 was enacted by BC Reg 41/2013, effective March 18, 2013.

 Rule 15-2.2 was enacted by BC Reg 208/2020, effective March 1, 2021.

 Rule 15-2.3 was enacted by BC Reg 219/2023, effective November 15, 2023.

 Rule 15-3 title BEFORE re-enacted by BC Reg 321/2021, effective April 4, 2022.

Rule 15-3 — Provisional and Extra-Provincial Orders

 Rule 15-3 (6) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

(6)  A support order made by the court or registered under subrule (4) may be filed in and enforced by the Provincial Court as if it were contained in an order of that court made under the Family Relations Act.

 Rule 15-3 (1), (2) and (3) BEFORE repealed by BC Reg 208/2020, effective March 1, 2021.

 Rule 15-3 (5) (part) BEFORE amended by BC Reg 208/2020, effective March 1, 2021.

 Rule 15-4 (35) was added by BC Reg 119/2010, effective July 1, 2010.

 Rule 15-4 (35) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

Enforcement of certificate

(35)  If a certificate under Rule 16-1(25) or 18-1(2) has been filed, it may be enforced as if it were an order of the court.

[en. B.C. Reg. 119/2010, Sch. B, s. 20.]

 Rule 15-4 (6) and (24) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 15-4 (8) BEFORE re-enacted by BC Reg 28/2024, effective March 6, 2024.

 Rule 15-6 (28) BEFORE repealed by BC Reg 119/2010, effective July 1, 2010.

Enforcement of certificate

(28)  If a certificate under Rule 16-1(25) or 18-1(2) has been filed, it may be enforced as if it were an order of the court.

 Rule 15-6 (5) (b) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(b) a master, or

 Rule 15-6 (8) (e) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(e) if the examiner is a master or registrar,

 Rule 15-6 (10) (d) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(d) if the examiner is a master or registrar, he or she may make a report of his or her findings and fix a time and place for the person subpoenaed to attend before the court, and at that time and place the creditor may apply without notice for committal, or

 Rule 15-6 (11) sandwich text BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 15-6 (3) and (21) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 15-6 (13) (b) and (c) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(b) the person knew of the order, and

(c) the person has not shown good cause why an order of committal should not be made against him or her.

 Rule 15-7 (5) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Examination of person other than judgment debtor

(5)  On being satisfied that any other person may have knowledge of the matters set out in subrule (1), the court may order that other person to be examined for discovery concerning the person's knowledge.

 Rule 16-1 (1) (a) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

(a) the parties consent to the amount of costs and file a certificate of costs setting out that amount;

 Rule 16-1 (18) and (25) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

(18)  If after pronouncement of judgment a party puts another party to unnecessary proceedings or expense, a registrar, in assessing the costs of the family law case, may award costs as the registrar considers appropriate against the offending party.

(25)  On the conclusion of an assessment of costs, or if the party charged has consented to the amount, a registrar must, either by endorsing the original bill or by issuing a certificate of costs in Form F72, certify the amount of costs awarded, and the party assessing costs must file the certificate.

 Rule 16-1 (5) (a), (b) and (c) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(a) any party may, at any time before a registrar issues a certificate under subrule (25), apply for directions to the judge or master who made the order for costs,

(b) the judge or master may direct that any item of costs, including any item of disbursements, be allowed or disallowed, and

(c) the registrar is bound by any direction given by the judge or master.

 Rule 16-1 (30) (b) and (c) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(b) order that the lawyer indemnify his or her client for all or part of any costs that the client has been ordered to pay to another party;

(c) order that the lawyer be personally liable for all or part of any costs that his or her client has been ordered to pay to another party;

 Rule 16-1 (33) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 16-2 was enacted by BC Reg 133/2012, effective March 18, 2013.

 Rule 16-2 (3) (a), (b) and (c) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(a) any party may, at any time before a registrar issues a certificate under subrule (7), apply for directions to the judge or master who made the order for expenses,

(b) the judge or master may direct that any item be allowed or disallowed as an expense, and

(c) the registrar is bound by any direction given by the judge or master.

 Rule 17-1 (10) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Date and time if hearing time more than 2 hours

(10)  If the hearing of the petition is estimated to take more than 2 hours, the date and time of hearing must be fixed by a registrar.

 Rule 17-1 (11) (part) and (11) (a) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Petition record

(11)  Subject to subrule (13), if a petition respondent opposes any of the relief sought in the petition, the petitioner must provide to the registry, no later than noon on the day before the date set for the hearing, a petition record as follows:

(a) unless the petition record is provided to the registry electronically, the petition record must be in a ring binder or in some other form of secure binding;

 Rule 17-1 (12), (14), (15), (17) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

Service of petition record

(12)  The petitioner must serve a copy of the petition record index on each petition respondent no later than noon of the court day before the date set for the hearing.

Petition record to be returned

(14)  Unless the court otherwise orders, the applicant must, unless the petition record was provided to the registry electronically, retrieve the petition record

(a) at the conclusion of the hearing, or

(b) if the hearing of the petition is adjourned to a date later than the following court day, after the hearing is adjourned.

Petition record to be returned to registry

(15)  If the petition record has been retrieved by the petitioner under subrule (14) (b), the petitioner must return the petition record to the registry between 9:00 a.m. on the second court day before, and noon on the court day before, the new date set for the hearing of the petition.

Petition respondent may apply for directions

(17)  If the petitioner does not set a petition for hearing within a reasonable time after a petition respondent has requested the petitioner to do so, a petition respondent may apply, by requisition in Form F17 on 2 days' notice, for directions.

 Rule 17-1 (19) (b) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(b) subject to Rules 8-2 (9) and 9-6 (5),

(i)  once without leave of the court, at any time before service of the notice of hearing, and

(ii)  at any time with the written consent of all the parties,

and for that purpose Rule 8-1 (2) to (7) applies.

 Rule 17-1 (16.1) was added by BC Reg 119/2010, effective July 1, 2010.

 Rule 17-1 (4) (c) (i) to (iii) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(i)  if the petition respondent resides anywhere in Canada, within 21 days after the date on which a copy of the filed petition was served on the petition respondent under subrule (3);

(ii)  if the petition respondent resides in the United States of America, within 35 days after the date on which a copy of the filed petition was served on the petition respondent under subrule (3);

(iii)  if the petition respondent resides elsewhere, within 49 days after the date on which a copy of the filed petition was served on the petition respondent under subrule (3).

 Rule 17-1 (17) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

Petition respondent may apply for directions

(17)  If, after the hearing of a petition has been adjourned generally, the petitioner does not reset the hearing within a reasonable time after a petition respondent has requested the petitioner to do so, a petition respondent may apply, by requisition in Form F17 on 2 days' notice, for directions.

[am. B.C. Reg. 119/2010, Sch. B, s. 23 (g).]

 Rule 17-1 (6.1) to (6.3) were added by BC Reg 149/2022, effective October 3, 2022.

 Rule 17-1 (7) BEFORE amended by BC Reg 149/2022, effective October 3, 2022.

 Rule 17-1 (11) (part), (12) and (15) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 17-1 (11) (b) (vi) and (e) were added by BC Reg 176/2023, effective September 1, 2023.

 Rule 17-1 (11.1) and (11.2) were added by BC Reg 239/2023, effective January 15, 2024.

 Rule 17-1 (16.1) BEFORE amended by BC Reg 239/2023, effective January 15, 2024.

 Rule 17-1 (16.1) (a) (v) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(v) whether the orders sought are within the jurisdiction of a master, and

 Rule 17-1 (25) and (26) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 17-1 (11) (b) (i) BEFORE amended by BC Reg 165/2024, effective September 9, 2024.

(i) a title page bearing the style of proceeding and the names of the lawyers, if any, for the petitioner and the petition respondents;

 Rule 17-1 (16.1) (a) (i.1) was added by BC Reg 165/2024, effective September 9, 2024.

 Rule 18-1 (1), (2), (5) (part), (8) (part) and (10) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 18-3 (8) (a) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(a) within 7 days after the service of the notice of appeal, file a notice of interest in Form F77, and

 Part 20 heading BEFORE amended by BC Reg 188/2024, effective December 1, 2024.

Part 20 — Special Rules for Certain Parties

 Rule 20-2 (1) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

Party who is a minor

(1)  A minor who has attained the age of 16 years and who has been named as a party to a family law case may act without a litigation guardian and Rule 20-3 does not apply to that minor.

 Rule 20-2 (1.1) was added by BC Reg 133/2012, effective March 18, 2013.

 Rule 20-2 (2) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

Despite subrule (1), if the court considers that it is in the interest of a minor referred to in subrule (1) or of any child of the minor, it may, whether or not on the application of a party, appoint a litigation guardian for the minor or for the child of the minor.

 Rule 20-3 (2), (7) (part), (8) (part) and (10) (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

 Rule 20-3 (3) (a) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) be done on the party's behalf by his or her litigation guardian, or

 Rule 20-5 (1) and (5) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(1)  If the court, on application made in accordance with subrule (3) before or after the start of a family law case, finds that a person receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act or is otherwise indigent, the court may order that no fee is payable by the person to the government under Appendix C in relation to the family law case unless the court considers that the claim or defence

(5)  Despite anything in this rule, if the court makes an order in relation to a person under this rule, no fee is payable to the government by that person in relation to

 Rule 20-5 (3) (c) BEFORE amended by BC Reg 95/2011, effective July 1, 2011.

(c) one of the following:

(i)  proof that the applicant receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act;

(ii)  an affidavit in Form F86.

 Rule 20-5 title and (1) BEFORE amended by B.C. Reg 112/2012, effective July 1, 2012.

Rule 20-5 — Persons Who Are Indigent

(1)  If the court, on application made in accordance with subrule (3) before or after the start of a family law case, finds that a person receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act or is otherwise indigent, the court may order that no fee is payable by the person to the government under Schedule 1 of Appendix C in relation to the family law case unless the court considers that the claim or defence

 Rule 20-5 title BEFORE amended by BC Reg B.C. Reg. 104/2015 effective July 1, 2015.

Rule 20-5 — Persons Who Are Impoverished

 Rule 20-5 (1) BEFORE amended by BC Reg B.C. Reg. 104/2015 effective July 1, 2015.

 Rule 20-6 was enacted by BC Reg 90/2014, effective May 26, 2014.

 Rule 20-7 was enacted by BC Reg 188/2024, effective December 1, 2024.

 Rule 21-1 (3) BEFORE repealed by BC Reg 166/2024, effective July 2, 2024.

 Rule 21-3 (8.1) was added by BC Reg 133/2012, effective March 18, 2013.

 Rule 21-4 (1) (b) and (c) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(b) having acted on his or her own behalf, may engage a lawyer to act, or

(c) having been represented by a lawyer, may discharge the lawyer and act on his or her own behalf,

 Rule 21-5 (2) was added by BC Reg 119/2010, effective July 1, 2010.

 Rule 21-7 (8) BEFORE amended by BC Reg 112/2012, effective July 1, 2012.

Power of court after apprehension

(8)  If a director, officer or employee referred to in subrule (6) is apprehended and brought before the court, the court in a summary manner may adjudge the innocence or guilt of the corporation and punish the corporation for the contempt, if any, or may give the directions it thinks fit for the determination of its innocence or guilt and the punishment to be imposed.

 Rule 21-8 was enacted by BC Reg 239/2023, effective January 15, 2024.

 Rule 22-1 (7) BEFORE amended by BC Reg 133/2012, effective March 18, 2013.

 Rule 22-1 (7) BEFORE amended by BC Reg 208/2020, effective March 1, 2021.

 Rule 22-1 (8) (part) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 22-2 (11) (b) sandwich text BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 22-2 (12) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 22-3 (4) (c) BEFORE amended by BC Reg 119/2010, effective July 1, 2010.

(c) any of the following documents, unless their submission by fax is authorized by the Trial Coordinator of the receiving registry:

 Rule 22-3 (4) (c) (iii) and (iv) BEFORE repealed by BC Reg 119/2010, effective July 1, 2010.

(iii)  an application for a trial date;

(iv)  a request for a trial date;

 Rule 22-3 (1) BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

 Rule 22-4 (3) (a) BEFORE amended by BC Reg 27/2013, effective March 18, 2013.

(a) enter into an agreement with the Court Services Branch of the Ministry of Attorney General respecting the terms and conditions under which those filings may be made, and

 Rule 22-4 (5) (b) (ii) BEFORE amended by BC Reg 121/2014, effective July 1, 2014.

(ii) an application record or a petition record;

 Rule 22-4 (3) (a) BEFORE amended by BC Reg 99/2018, effective May 18, 2018.

(a) enter into an agreement with the Court Services Branch of the Ministry of Justice respecting the terms and conditions under which those filings may be made, and

 Rule 22-5 (10) (a) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

(a) invest as he or she sees fit all or any part of the funds, and

 Rule 22-6 (3) BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

Urgency or convenience

(3)  In case of urgency, the court or a registrar may conduct a hearing and make an order or decision by telephone or other communication medium.

 Rule 22-6 (4.1) was added by BC Reg 65/2013, effective July 1, 2013.

 Rule 22-6 (5) (part) BEFORE amended by BC Reg 65/2013, effective July 1, 2013.

(5)  An application under subrule (4) for a direction that an application be heard by way of telephone, video conference or other communication medium

 Rule 22-6 (4) (a) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(a) that an application be heard by way of telephone, video conference or other communication medium, and

 Rule 22-6 (4.1) (a) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

(a) that a hearing before a registrar be heard by way of telephone, video conference or other communication medium, and

 Rule 22-6 (5) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 22-6 (2) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 22-7 (4) (b) BEFORE amended by BC Reg 112/2012, effective July 1, 2012.

(b) exercise the powers that, under Rule 10-3 (2) and (3), may be exercised by the court,

 Rule 22-7 (3.1) and (3.2) were added by BC Reg 65/2013, effective July 1, 2013.

 Rule 22-7 (8), (9) and (10) BEFORE repealed by BC Reg 105/2019, effective July 1, 2019.

 Rule 22-7 (8.1) to (8.10) were added by BC Reg 105/2019, effective July 1, 2019.

 Rule 22-7 heading BEFORE re-enacted by BC Reg 277/2023, effective January 15, 2024.

Rule 22-7 — Masters, Registrars and Special Referees

 Rule 22-7 (1), (2), (3), (6), (7), (8.1) and (11) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

 Rule 22-7 (8.8) (b) (iv), (v), (vii) and (viii) BEFORE amended by BC Reg 277/2023, effective January 15, 2024.

(iv) a copy of the order of the master or decision of the registrar or special referee that is the subject of the appeal,

(v) a copy of the written reasons for judgment of the master, or reasons for decision of the registrar or special referee, or, if the reasons were given orally, a transcript of the reasons,

(vii) copies of any affidavits that were before the master, registrar or special referee that will be relied on for the appeal,

(viii) a transcript of any oral evidence heard by the master, registrar or special referee to be relied on for the appeal,

 Rule 22-7 (3.1) (b) (i) BEFORE amended by BC Reg 165/2024, effective September 9, 2024.

(i) a title page bearing the style of proceeding and the names of the lawyers, if any, for the applicant and the persons served with the appointment (in this subrule called the "respondents");

 Rule 22-7 (8.8) (b) (i) BEFORE amended by BC Reg 165/2024, effective September 9, 2024.

(i) a title page,

 Part 22.1, Rules 22.1-1 and 22.1-2, was enacted by BC Reg 236/2022, effective November 25, 2022.

 Rule 22-1 (4) BEFORE amended by BC Reg 176/2023, effective September 1, 2023.

 Rule 23-2 was enacted by BC Reg 133/2012, effective March 18, 2013.

 Appendix A, Form F1 BEFORE re-enacted by BC Reg 133/2012, effective March 18, 2013.

Form F1 (Rule 2-2 (2) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant 1:

Claimant 2:

NOTICE OF JOINT FAMILY CLAIM

[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]

1 Relationship history [Check the correct box(es) and complete the required information.]

2 Divorce[Complete if you are asking for a divorce order.]

3 Information concerning children

4 Orders asked for in relation to children [Complete the following for those children in relation to whom you are asking for an order.]

5 Spousal support [Complete if you are asking for an order for spousal support.]

6 Property [Complete if you are asking for an order in relation to property.]

7 Other [Complete if you are asking for any other order.]

8 Claimants' addresses for service [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

...........................[type or print name]..........................

...........................[type or print name]..........................

The following certificate must be completed for each party to a divorce claim who is represented by a lawyer.

LAWYER'S CERTIFICATE (DIVORCE ACT (CANADA), s. 9)

I, ................................, lawyer for ................[name of party]................ certify that I have complied with section 9 of the Divorce Act (Canada), which says:

9 (1) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding

(a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses, and

(b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to him or her that might be able to assist the spouses to achieve a reconciliation, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so.

(2) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding to discuss with the spouse the advisability of negotiating the matters that may be the subject of a support order or a custody order and to inform the spouse of the mediation facilities known to him or her that might be able to assist the spouses in negotiating those matters.

...........................[type or print name]..........................

 Appendix A, Form F1 (part) BEFORE amended by BC Reg 105/2019, effective July 1, 2019.

3 Information concerning children [Complete section 3 if you are asking for an order in relation to children.]

 Appendix A, Form F1, section 2A BEFORE amended by BC Reg 208/2020, effective March 1, 2021.

 Appendix A, Form F1, Lawyer's Certificate BEFORE repealed by BC Reg 208/2020, effective March 1, 2021.

LAWYER'S CERTIFICATE (Divorce Act (Canada), s. 9)

 Appendix A, Form F1, Party's Certificate and Legal Adviser's Certificate were added by BC Reg 208/2020, effective March 1, 2021.

 Appendix A, Form F1, section 1 (part) BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

    [ ] were married on ................[dd/mmm/yyyy].................

 Appendix A, Form F1, section 2 B (part) BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

  (ii)  [ ]  Other grounds, under section 8 (2) (b) of the Divorce Act (Canada): ...............[state the grounds]...............

 Appendix A, Form F1, section 2 C (part) BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

  [ ] There has been no collusion, as defined in section 11 (4) of the Divorce Act (Canada), in relation to this claim for divorce.

 Appendix A, Form F1 BEFORE re-enacted by BC Reg 188/2024, effective December 1, 2024.

Form F1 (Rule 2-2 (2) )

In the Supreme Court of British Columbia

NOTICE OF JOINT FAMILY CLAIM

[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]

LAWYER'S CERTIFICATE (Family Law Act, s. 8 (2))

PARTY'S CERTIFICATE (Divorce Act (Canada), s. 7.6)

LEGAL ADVISER'S CERTIFICATE (Divorce Act (Canada), s. 7.7 (3))

 Appendix A, Form F1.1 was enacted by BC Reg 4/2016, effective July 1, 2016.

 Appendix A, Form F1.2 was enacted by BC Reg 4/2016, effective July 1, 2016.

 Appendix A, Form F3 section 6 is renumbered as section 7 and section 6 is added by BC Reg 119/2010, effective July 1, 2010.

 Appendix A, Form F3, Schedule 1 "Date of marriage" was added to 1 Personal Information.

 Appendix A, Form F3 BEFORE re-enacted by BC Reg 133/2012, effective March 18, 2013.

Appendix A, Form F3 (Rule 4-1 (1) )

Court File No:........................

Court Registry:........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

NOTICE OF FAMILY CLAIM

[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]

This family law case has been started by the claimant(s) for the relief set out in section 4 below.

If you intend to respond to this family law case, you or your lawyer must

(a) file a response to family claim in Form F4 in the above-named registry of this court within 30 days after the date on which this copy of the filed notice of family claim was served on you, and

(b) serve a copy of the filed response to family claim on the claimant.

If you intend to make a counterclaim, you or your lawyer must

(a) file a response to family claim in Form F4 and a counterclaim in Form F5 in the above-named registry of this court within 30 days after the date on which this copy of the filed notice of family claim was served on you, and

(b) serve a copy of the filed response to family claim and counterclaim on the claimant and on any new parties named in the counterclaim.

Orders, including orders granting the relief claimed, may be made against you if you fail to file the response to family claim within the 30 day period referred to above.

1 Information about the parties

2 Spousal relationship history [Complete this section if a claimant and a respondent are or have been married or are or have been in a marriage-like relationship.]

3 Prior court proceedings and agreements [Check the correct box(es) and complete the required information.]

4 My Claims [Check the correct box(es) and complete and attach the required Schedules.]

5 Place of trial will be: ................[name of registry]................

6 The address of the registry is: ................[address of registry]................ .

7 My address for service is [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

...........................[type or print name]..........................

Form F3 (Rule 4-1 (1) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

SCHEDULE 1 — DIVORCE

This is Schedule 1 to the claimant's notice of family claim.

1 Personal Information

2 Grounds for my claim for divorce

3 I confirm that: [The claimant seeking an order for divorce must check both of the following boxes.]

4 Proof of marriage [Check whichever one of the following boxes is correct and complete any required information.]

5 Children [Check whichever one of the following box(es) is correct and complete any required information.]

If a party to a divorce claim is represented by a lawyer, the following certificate must be completed.

LAWYER'S CERTIFICATE (DIVORCE ACT (CANADA), s. 9)

I, ................................, lawyer for ................[name of party]................ certify that I have complied with section 9 of the Divorce Act (Canada), which says:

9 (1) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding

(a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses, and

(b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to him or her that might be able to assist the spouses to achieve a reconciliation, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so.

(2) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding to discuss with the spouse the advisability of negotiating the matters that may be the subject of a support order or a custody order and to inform the spouse of the mediation facilities known to him or her that might be able to assist the spouses in negotiating those matters.

...........................[type or print name]..........................

Appendix A, Form F3 (Rule 4-1 (1) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

SCHEDULE 2 — CHILDREN

This is Schedule 2 to the claimant's notice of family claim.

1 Identification of child(ren)

I am asking for an order in respect of the following child or children:

2 Orders sought

3 Current parenting arrangements

4 Proposed parenting arrangements

5 Current child support arrangements

6 Income of person being asked to pay child support [Check whichever one of the following boxes is correct and complete any required information.]

7 Proposed child support arrangements [Check the correct box(es) and complete the required information.]

...........................[type or print name]..........................

Form F3 (Rule 4-1 (1) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

SCHEDULE 3 — SPOUSAL SUPPORT

This is Schedule 3 to the claimant's notice of family claim.

1 Current arrangements for spousal support

2 Proposed spousal support arrangements [Check the correct box(es) and complete the required information.]

3 Income of claimant and respondent

...........................[type or print name]..........................

Form F3 (Rule 4-1 (1) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

SCHEDULE 4 — PROPERTY

This is Schedule 4 to the claimant's notice of family claim.

1 My claims

2 Certificate of Pending Litigation

Form F3 (Rule 4-1 (1) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

SCHEDULE 5 — OTHER ORDERS

This is Schedule 5 to the claimant's notice of family claim.

I am asking for the following orders:

[ ] an order under the Name Act that my name be changed from ................[current full legal name]................ to ................[full new name]................

[ ] the following orders under the Family Relations Act [using numbered paragraphs, set out any orders sought under the Family Relations Act that are not referred to in Schedules 1 to 4 and the sections of that Act under which those orders are sought]

1

2

[ ] other orders [using numbered paragraphs, set out terms of other proposed orders and the authority under which those orders are sought]

...........................[type or print name]..........................

 Appendix A, Form F3 BEFORE re-enacted by BC Reg 4/2016, effective July 1, 2016.

Form F3 (Rule 4-1 (1) )

Court File No:........................

Court Registry:........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

NOTICE OF FAMILY CLAIM

[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]

This family law case has been started by the claimant(s) for the relief set out in section 4 below.

If you intend to respond to this family law case, you or your lawyer must

(a) file a response to family claim in Form F4 in the above-named registry of this court within 30 days after the date on which this copy of the filed notice of family claim was served on you, and

(b) serve a copy of the filed response to family claim on the claimant.

If you intend to make a counterclaim, you or your lawyer must

(a) file a response to family claim in Form F4 and a counterclaim in Form F5 in the above-named registry of this court within 30 days after the date on which this copy of the filed notice of family claim was served on you, and

(b) serve a copy of the filed response to family claim and counterclaim on the claimant and on any new parties named in the counterclaim.

Orders, including orders granting the relief claimed, may be made against you if you fail to file the response to family claim within the 30 day period referred to above.

1 Information about the parties

2 Spousal relationship history [Complete this section if a claimant and a respondent are or have been married or are or have been in a marriage-like relationship.]

3 Prior court proceedings and agreements [Check the correct box(es) and complete any required information.]

4 The claimant's claims [Check the correct box(es) and complete and attach the required Schedules.]

5 Place of trial will be: ................[name of registry]................

6 The address of the registry is: ................[address of registry]................

7 The claimant's address for service is [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]

...........................[type or print name]..........................

If in this family law case a claim is made under the Family Law Act and the claimant is represented by a lawyer, the lawyer must complete the following certificate.

LAWYER'S CERTIFICATE (Family Law Act, s. 8 (2))

I, ................................, lawyer for ................[name of party]................ certify that, in accordance with section 8 (2) of the Family Law Act, I have

(a) discussed with the party the advisability of using various types of family dispute resolution to resolve the matter, and

(b) informed the party of the facilities and other resources, known to me, that may be available to assist in resolving the dispute.

...........................[type or print name]..........................

Form F3 (Rule 4-1 (1) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

SCHEDULE 1 — DIVORCE

This is Schedule 1 to the claimant's notice of family claim.

1 Personal Information

2 Grounds for the claimant's claim for divorce

3 The claimant confirms that: [The claimant seeking an order for divorce must check both of the following boxes.]

4 Proof of marriage [Check whichever one of the following boxes is correct and complete any required information.]

5 Children [Check whichever one of the following boxes is correct and complete any required information.]

If a party to a divorce claim is represented by a lawyer, the following certificate must be completed.

LAWYER'S CERTIFICATE (DIVORCE ACT (CANADA), s. 9)

I, ................................, lawyer for ................[name of party]................ certify that I have complied with section 9 of the Divorce Act (Canada), which says:

9 (1) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding

(a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses, and

(b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to him or her that might be able to assist the spouses to achieve a reconciliation, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so.

(2) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding to discuss with the spouse the advisability of negotiating the matters that may be the subject of a support order or a custody order and to inform the spouse of the mediation facilities known to him or her that might be able to assist the spouses in negotiating those matters.

Form F3 (Rule 4-1 (1) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

SCHEDULE 2 — CHILDREN

This is Schedule 2 to the claimant's notice of family claim.

1 Identification of child(ren)

The claimant is asking for an order in respect of the following child or children:

2 Orders sought

3 Current arrangements for parenting

4 Proposed arrangements for parenting

5 Current child support arrangements

6 Income of person being asked to pay child support [Check whichever one of the following boxes is correct and complete any required information.]

7 Proposed child support arrangements [Check the correct box(es) and complete the required information.]

...........................[type or print name]..........................

Form F3 (Rule 4-1 (1) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

SCHEDULE 3 — SPOUSAL SUPPORT

This is Schedule 3 to the claimant's notice of family claim.

1 Current arrangements for spousal support

2 Proposed spousal support arrangements [Check the correct box(es) and complete the required information.]

3 Income of claimant and respondent

Form F3 (Rule 4-1 (1) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

SCHEDULE 4 — PROPERTY

This is Schedule 4 to the claimant's notice of family claim.

1 The claimant's claims

2 Certificate of Pending Litigation

Form F3 (Rule 4-1 (1) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

SCHEDULE 5 — OTHER ORDERS

This is Schedule 5 to the claimant's notice of family claim.

The claimant is asking for the following orders:

[Check the correct box(es) and complete the required information.]

[ ] an order under the Name Act that the claimant's name be changed from ................[current full legal name]................ to ................[full new name]................

[ ] the following orders under the Family Law Act [Using numbered paragraphs, set out any orders sought under the Family Law Act that are not referred to in Schedules 1 to 4 and the sections of that Act under which those orders are sought.]

1

2

[ ] other orders [Using numbered paragraphs, set out terms of other proposed orders and the authority under which those orders are sought.]

1

2

...........................[type or print name]..........................

 Appendix A, Form F3, section 2, table BEFORE amended by BC Reg 5/2021, effective January 25, 2021.

 Appendix A, Form F3, section 4, table BEFORE amended by BC Reg 5/2021, effective January 25, 2021.

 Appendix A, Form F3, section 7, "The claimant’s address for service" BEFORE amended by BC Reg 5/2021, effective January 25, 2021.

 Appendix A, Form F3, Schedule 1, title description BEFORE repealed by BC Reg 5/2021, effective January 25, 2021.

This is Schedule 1 to the claimant's notice of family claim.

 Appendix A, Form F3, Schedule 1, section 2 (ii) BEFORE amended by BC Reg 5/2021, effective January 25, 2021.

   (ii) [ ] Other grounds, under section 8 (2) (b) of the Divorce Act (Canada): ...............[state the grounds]...............

 Form F3, Schedule 1, section 3, table, 2nd item BEFORE amended by BC Reg 5/2021, effective January 25, 2021.

[ ] There has been no collusion, as defined in section 11 (4) of the Divorce Act (Canada), in relation to this claim for divorce.

 Appendix A, Form F3, Schedule 2, title description BEFORE repealed by BC Reg 5/2021, effective January 25, 2021.

This is Schedule 2 to the claimant's notice of family claim.

 Appendix A, Form F3, Schedule 2, section 7 BEFORE re-enacted by BC Reg 5/2021, effective January 25, 2021.

 Appendix A, Form F3, Schedule 2, table after section 7 BEFORE repealed by BC Reg 5/2021, effective January 25, 2021.

 Appendix A, Form F3, Schedule 3, title description BEFORE repealed by BC Reg 5/2021, effective January 25, 2021.

This is Schedule 3 to the claimant's notice of family claim.

 Appendix A, Form F3, Schedule 3, last table, item 1 BEFORE amended by BC Reg 5/2021, effective January 25, 2021.

Note to Claimant AND Respondent: You may be required to file financial information (Form F8) if there is a claim by you or against you for spousal support.

 Appendix A, Form F3, Schedule 4, title description BEFORE repealed by BC Reg 5/2021, effective January 25, 2021.

This is Schedule 4 to the claimant's notice of family claim.

 Appendix A, Form F3, Schedule 4, section 1 BEFORE re-enacted by BC Reg 5/2021, effective January 25, 2021.

 Appendix A, Form F3, Schedule 4, section 2, table BEFORE amended by BC Reg 5/2021, effective January 25, 2021.

 Appendix A, Form F3, Schedule 5, title description BEFORE repealed by BC Reg 5/2021, effective January 25, 2021.

This is Schedule 5 to the claimant's notice of family claim.

 Appendix A, Form F3, Schedule 5, 4th paragraph BEFORE amended by BC Reg 5/2021, effective January 25, 2021.

[ ] the following orders under the Family Law Act [Using numbered paragraphs, set out any orders sought under the Family Law Act that are not referred to in Schedules 1 to 4 and the sections of that Act under which those orders are sought.]

1

2

 Appendix A, Form F3, Schedule 1, 1 Personal Information BEFORE amended by BC Reg 208/2020, effective March 1, 2021.

 Appendix A, Form F3, Schedule 1, Lawyer's Certificate BEFORE repealed by BC Reg 208/2020, effective March 1, 2021.

LAWYER'S CERTIFICATE (Divorce Act (Canada), s. 9)

 Appendix A, Form F3, Schedule 1, Party's Certificate and Legal Adviser's Certificate were added by BC Reg 208/2020, effective March 1, 2021.

 Appendix A, Form F3, Schedule 3, section 3 (part) BEFORE amended by BC Reg 321/2021, effective April 4, 2022.

[ ] The claimant does not know what the claimant's spouse's income is

[ ] The claimant believes that the claimant's spouse's gross annual income is $.........., based on these facts:

 Appendix A, Form F3, Schedule 1, section 2 (part) BEFORE amended by BC Reg 28/2024, effective March 6, 2024.

  (i) [ ] The claimant and his or her spouse have lived separate and apart since................[dd/mmm/yyyy].................

[ ] the claimant and his or her spouse have not lived together since then

[ ] the claimant and his or her spouse have lived together again during the following period(s), in an unsuccessful attempt

 Appendix A, Form F3 BEFORE re-enacted by BC Reg 188/2024, effective December 1, 2024.

Form F3 (Rule 4-1 (1) )

In the Supreme Court of British Columbia

NOTICE OF FAMILY CLAIM

[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]

LAWYER'S CERTIFICATE (Family Law Act, s. 8 (2) )

Form F3 (Rule 4-1 (1) )

SCHEDULE 1 — DIVORCE

PARTY'S CERTIFICATE (Divorce Act (Canada), s. 7.6)