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B.C. Reg. 533/95 O.C. 1514/95 | Deposited December 15, 1995 effective January 15, 1996 except Rule 2 effective June 3, 1996 |
[includes amendments up to B.C. Reg. 49/2019, March 11, 2019]
The purpose of these rules is to promote the safety and well-being of children by allowing court decisions to be obtained fairly and efficiently, in matters arising under the Child, Family and Community Service Act.
In these rules:
(a) "Act" means the Child, Family and Community Service Act;
(b) "clerk" means a member of the registry staff;
(c) "court" means the Provincial Court except where the Act or these rules provide otherwise;
(d) "party", with respect to a proceeding under the Act, means a person who, under the Act, is a party to that proceeding;
(e) "registry" means a registry of the court;
(f) other words and expressions have the meaning given to them in the Act, unless the context indicates otherwise.
[am. B.C. Regs. 332/2002, s. 1; 351/2005, s. 1; 49/2019, s. 1.]
(1) To initiate a presentation hearing, a director must complete and file with the court a Presentation Form (Form 1).
(1.1) Repealed. [B.C. Reg. 351/2005, s. 2 (a).]
(2) To apply for an order, other than an order made at a presentation hearing, a person must complete and file with the court an Application for an Order (Form 2), unless a judge permits otherwise.
[am. B.C. Regs. 173/98, s. 1; 75/2000, s. 2; 351/2005, s. 2 (b).]
(3) To apply for an order changing or cancelling another order, a person must complete and file with the court an Application to Change or Cancel an Order (Form 3), unless a judge permits otherwise.
(4) At a hearing or a case conference, a judge may permit an application to be made orally in court, without the filing of a form.
(5) A Presentation Form must be filed
(a) in the registry closest to the child's habitual residence, or
(b) in the registry closest to where the child was removed or taken into care
unless a judge permits otherwise.
(6) An application in Form 2 or Form 3 must be filed
(a) in the registry where the file is located, unless Rule 8 (12) or (13) applies, or
(b) if there is no file, then as required by subrule (5), as if the application were a Presentation Form.
[am. B.C. Regs. 75/2000, s. 3; 351/2005, s. 2 (c).]
(7) A judge may conduct a hearing or part of a hearing by telephone in appropriate circumstances.
(8) A judge may make the following orders without a hearing:
(a) an order under Rule 6 (10), permitting the use of another service method;
(b) an order under Rule 8 (2), shortening or extending a time period;
(c) a consent order or an order dispensing with consent, under section 60 of the Act;
(d) an order under section 69 of the Act, shortening or extending the time for serving notice or dispensing with notice.
(9) To apply for an order to be made under subrule (8), a person must file
(a) an affidavit setting out the facts on which the application is based, and
(b) the application form. (See Rule 1 (2) and (3))
[am. B.C. Regs. 75/2000, s. 4; 351/2005, s. 2 (d).]
Rule 2 — Case Conferences and Mini-hearings
(1) If at the commencement of a protection hearing under section 40 of the Act
(a) a consent order is not made, and
(b) the judge determines that the matter cannot be heard that day,
the judge must direct the parties and their lawyers to attend a case conference.
(2) A judge may at any other time direct the parties and their lawyers to attend a case conference
(a) if a party requests it, or
(b) if the judge considers that it may promote a fair and efficient resolution of the issues.
(3) When a judge directs a case conference under subrule (1), the judge must review the extent of disclosure made and requested under section 64 of the Act and may make any order for disclosure consistent with the Act.
(4) When a case conference is directed, the director must notify the other parties of the date, time and place of the conference, unless the conference was directed when the parties or their lawyers were present.
(5) At a case conference, a judge may do one or more of the following:
(a) facilitate the resolution of any issues in dispute;
(b) mediate any issues in dispute, other than the issue of whether the child needs protection;
(c) with the consent of the parties, refer any issue, other than the issue of whether a child needs protection, to mediation or other alternative dispute resolution mechanism under section 22 of the Act;
(d) decide any issues that do not require evidence or that can be decided on the basis of facts agreed to by the parties;
(e) make any order in the terms the parties agree to, subject to section 60 of the Act;
(f) review the adequacy of disclosure by the parties, including responses to requests for disclosure under section 64 of the Act;
(g) order that a party provide to another party, within a set time, a summary of the intended evidence of a potential witness;
(h) order a party to allow another party to inspect and copy specific documents or records to the extent permitted by the Act;
(i) order that those applications that cannot be made at the case conference be brought within a set time;
(j) order that a statement of agreed facts be filed within a set time;
(k) give directions about any evidence that will be required, how it will be received and the procedure that will be followed, if a hearing is necessary or a mini-hearing is directed;
(l) order a party to produce anything as evidence at a hearing;
(m) direct that any further case conference be held before the same judge;
(n) with the consent of the parties, direct the parties to attend a mini-hearing if
(i) the matter can be resolved on the basis of limited evidence and submissions, and
(ii) a mini-hearing can be held earlier than the matter could be set for a full hearing;
(o) without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing;
(p) set a date for a hearing or mini-hearing;
(q) make any other order or give any direction for the fair and efficient resolution of the issues.
[am. B.C. Reg. 75/2000, s. 5.]
(6) If a judge directs the parties to attend a mini-hearing, a clerk must notify them of the date, time and place, unless the date was set when the parties or their lawyers were present.
(7) At a mini-hearing, the parties will attend before a judge who may
(a) hear submissions and evidence as directed at the case conference, and
(8) The following persons may attend case conferences:
(9) The chief judge may direct
(a) that case conferences be conducted in identified court registries by telephone, and
(b) that case conferences set at one place be conducted at another place.
(1) To require a witness to attend court, a party must
(a) complete a subpoena (Form 4), and
(b) serve a copy of the subpoena on the witness personally at least 2 days before the date the witness is required to appear. (See Rule 8 (2))
(2) At the time the subpoena is served, the party subpoenaing the witness must offer the witness reasonable estimated travelling expenses.
(3) A person who is served with a subpoena must
(a) appear in court on the date and at the time and place stated on the subpoena, and
(b) bring to court any records and other things required by the subpoena.
(4) A person who is served with a subpoena may apply under Rule 1 (2) to a judge, who may cancel the subpoena if
(a) the person is not needed as a witness,
(b) it would be a hardship for the person to appear in court as required by the subpoena, or
(c) in the case of a child witness, the judge considers that it would not be in the child's best interests to require the child to testify.
(5) A judge may issue a warrant (Form 5) for the arrest of a witness who does not appear in court as required by a subpoena if the judge is satisfied that
(a) the subpoena was served on the witness,
(b) reasonable travelling expenses were offered to the witness, and
(6) A warrant remains in force until
(a) the witness named in the warrant appears in court either voluntarily or under the warrant, or
(7) A witness who is arrested under a warrant must be brought before a judge or justice of the peace as soon as practicable.
(8) If the witness's evidence is still required, the judge may
(a) release the witness on giving the witness a release (Form 6) requiring the witness to appear in court on the date and at the time and place stated in the release, or
(b) order a sheriff or peace officer to detain the witness in custody until his or her presence is no longer required.
(9) A judge may make the release of a witness under subrule (8) (a) subject to any conditions respecting reporting or residency or entering into a recognizance that the judge considers necessary to make sure the witness attends.
(1) At a hearing, evidence may be given orally on oath or affirmation or, if the judge allows,
(a) by affidavit, subject to Rule 5,
(2) If a person who is served with an application does not appear in court on the date and at the time and place set for the hearing, the judge may hear the application and make the order applied for if the judge thinks it is fair to do so in the absence of that person.
(3) Subrule (2) applies also if a designated representative of a First Nation, an Indigenous community, a Treaty First Nation or the Nisg̱a'a Lisims Government is served with an application and a designated representative of the First Nation, Indigenous community, Treaty First Nation or Nisg̱a'a Lisims Government does not appear in court on the date and at the time and place set for the hearing.
[en. B.C. Reg. 49/2019, s. 2.]
(4) A party may call an expert to give evidence of the expert's opinion only if
(a) the party provides a written summary of the expert's evidence to all other parties at least 30 days before the expert is called to give evidence, or
(5) Instead of calling an expert to give evidence, a party may introduce a report stating opinions of an expert, if
(a) the party provides a copy of the report to all other parties at least 30 days before the report is introduced, or
(6) A director, or a delegate of a director, is not an expert for the purposes of notice under subrule (4) or (5).
(7) A statement of qualifications in an expert's report is proof that the expert has those qualifications unless there is evidence to the contrary.
(8) A report stating the opinions of an expert may be introduced without proof of the expert's signature.
(9) A party receiving another party's expert report may serve on the other party, at least 14 days before the hearing date, a notice requiring the expert to attend the hearing for cross-examination. (See Rule 8 (2))
(10) If a judge determines that calling another party's expert was unnecessary, the judge may order the party who required the expert to attend to pay the expert's expenses.
(1) Where an affidavit is permitted under these rules, it must be in Form 7.
(2) Any exhibits referred to in an affidavit must be identified and attached to the affidavit.
(3) With the permission of the judge, an affidavit may be used in evidence even though it does not comply in form with this Rule.
(4) Evidence may be given by affidavit at a hearing only if, at least 2 days before the date of the hearing,
(a) copies of the affidavit are filed in the registry, and
(b) a copy of the affidavit is served on everyone who is entitled to notice of the hearing. (See Rule 8 (2))
Rule 6 — Service and Proving Service
(1) Unless the Act or these rules provide otherwise, an application must be served at least 2 days before the date set for the hearing
(b) if an order is sought against some other person, on that person. (See Rule 8 (2))
(2) A copy of an application or other document served need not be a filed copy.
(3) Service of an application is not required if
(a) the application is for permission to use another service method,
(b) the application is for access to a child under section 17 (1) of the Act,
(b.1) Repealed. [B.C. Reg. 49/2019, s. 3 (a).]
(b.2) the application is for a consent order under section 60 of the Act and each of the required consents has been obtained or dispensed with, or
[am. B.C. Regs. 75/2000, s. 6; 351/2005, s. 3 (a); 49/2019, s. 3 (a).]
(4) Documents required by the Act or these rules to be served may be served as follows:
(i) by leaving a copy with him or her,
(ii) if the individual is a party, by registered mail or facsimile transmission to the last address for service given under subrule (5), (6) or (7), or
(iii) if the individual is a party who has a lawyer of record, by leaving a copy at, or by facsimile transmission to, that lawyer's office;
(b) on a designated representative of a First Nation, an Indigenous community, a Treaty First Nation or the Nisg̱a'a Lisims Government by facsimile transmission to the facsimile number for service provided by the First Nation, Indigenous community, Treaty First Nation or Nisg̱a'a Lisims Government or by leaving a copy with the designated representative;
(c) on a society within the meaning of the Societies Act
(i) by registered mail to the mailing address of the society's registered office on file with the Registrar of Companies, or
(ii) by leaving a copy at the delivery address of the society's registered office on file with the Registrar of Companies or with a director or officer of the society;
(d) on a company within the meaning of the Business Corporations Act
(i) by registered mail to the mailing address of the company's registered office on file with the Registrar of Companies, or
(ii) by leaving a copy of it at the delivery address of the company's registered office on file with the Registrar of Companies or with a director or officer of the company, or with a receptionist or a person at the company's place of business who appears to manage the company's business there;
(e) on an unincorporated association
(i) by registered mail to the registered office of the association, or
(ii) by leaving a copy with an officer of the association;
(i) by leaving a copy with or facsimile transmission to the director's lawyer of record, or
(ii) by leaving a copy at, or by facsimile transmission to, the district office with conduct of the case.
[am. B.C. Regs. 332/2002, s. 3; 351/2005, s. 3 (b); 212/2015, Sch. 2; 49/2019, s. 3 (b).]
(5) A party must give an address for service either
(6) A person entitled to notice under section 38 (1) (b) to (e) of the Act may file a notice of address for service (Form 8).
[en. B.C. Reg. 351/2005, s. 3 (c).]
(7) If a party's address for service changes, the party must promptly notify the other parties of the new address either
(8) Any document may be served on a child who is 12 years of age or older by leaving a copy of it with him or her, unless a judge orders otherwise.
(9) A document may be served on a child who is under 12 years of age, but only if a judge so orders.
(10) If a document cannot be served as provided in these rules or if the person to be served is temporarily outside the Province, a party may apply to a judge who may
(11) Service of a document may be proved by filing the following at the registry:
(a) for personal service of a document, a certificate of service (Form 9);
(b) for service by registered mail, a certificate of service (Form 9), with the original acknowledgment of receipt card;
(c) for personal service on a lawyer, a copy of the document signed by the lawyer or an articled student or by a partner or employee of the firm;
(d) for service by facsimile transmission, a certificate of service (Form 9) with a transmission report generated by the sending machine.
[am. B.C. Regs. 173/98, s. 2 (a) and (b); 49/2019, s. 3 (c).]
(11.1) A judge may require that a copy of the served document be attached to the certificate of service (Form 9).
[en. B.C. Reg. 173/98, s. 2 (c); am. B.C. Reg. 49/2019, s. 3 (c).]
(12) Instead of requiring proof of service under subrule (11), a judge or registrar may allow a person to prove by sworn oral evidence that the person has personally served a document.
(1) An order takes effect on the day it was made by a judge unless the judge orders otherwise.
(2) The director's lawyer prepares the order as soon as practicable, unless the judge orders otherwise.
(3) Orders must be prepared in Form 10, or, in the case of a protective intervention order under section 28 of the Act or a restraining order under section 98 of the Act, in Form 10.1.
[en. B.C. Reg. 109/2013, s. 1.]
(4) An order must be signed as approved by the lawyer for each party who was represented, unless the judge orders otherwise.
(5) A party may apply to a judge to settle the terms of an order when there is a dispute about the terms. (See Rule 1 (2))
(6) After an order is signed as approved in accordance with subrule (4), it must be delivered to the registry to be signed by a judge, filed with the court and date stamped with the registry stamp.
(7) After an order is signed by the judge and filed with the court, a clerk must provide a copy
(a) to the lawyer for each party who was represented, and
(b) to every other party on request
unless the judge orders otherwise.
(8) Any judge may correct, at any time, a clerical mistake in an order or a mistake arising from an accidental slip or omission.
(1) Whether or not the parties consent, a judge may adjourn a hearing to a specific date.
(2) A judge may shorten a period of time for doing anything required under these rules or may extend the period even though it has expired.
(3) Repealed. [subrule (5).]
(4) Effective June 3, 1996, a hearing may be adjourned only with the permission of a judge.
(5) Spent.
(6) A judge may change or cancel an order made in the absence of a party who received notice of a hearing if
(a) that party applies within a reasonable time,
(b) the party had a good reason for failing to attend when the order was made,
(c) there is a good reason for changing or cancelling the order, and
(d) the change or cancellation would be in the best interests of the child.
(7) At any time during a hearing, a judge may order that a person, whether or not a party, be given notice of the hearing.
(8) Any judge may do any of the following without being seized of a matter:
(a) receive the reports and information presented to the court at a presentation hearing;
(b) adjourn a hearing before evidence is heard;
(c) make orders or give directions on procedural matters;
(d) hold a case conference or mini-hearing under Rule 2.
[am. B.C. Reg. 173/98, s. 3.]
(9) Subject to subrule (8), a judge who has heard any evidence at a hearing must finish the hearing unless the judge dies or is otherwise unable to act.
(10) If a judge who has begun to hear evidence dies or is otherwise unable to act, another judge will hear the case and that judge may
(a) start the hearing again and re-hear all the evidence, or
(b) with the consent of the parties, continue with the hearing where it left off, giving directions for hearing evidence as the judge considers necessary.
(11) A judge may give a direction on any procedural matter that is not provided for in the Act or these rules.
(12) A judge may order a file transferred to another registry, for the purposes of one application or for all purposes, after considering
(a) the balance of convenience,
(13) If the parties agree, a clerk may transfer a file to another registry, for the purposes of one application or for all purposes, if the parties
(a) complete a written and signed consent to the transfer, and
(b) file the consent in the registry where the file is located.
(14) With the judge's permission, a copy of a document may be used in court instead of the original.
(15) Only the following are entitled to search a registry file respecting a matter under the Act:
(c) a person authorized by a party, by a party's lawyer or by a judge.
(16) If a party does not comply with these rules, the judge may after considering the principles at section 2 of the Act
(a) cancel a step taken or an order made or disregard a document filed in the course of the application, or
(b) make any order or give any direction that the judge thinks is fair, including an order dismissing the application.
(17) Any document may be filed in a registry by facsimile transmission to that registry, but a judge may require that the original of a document be filed later.
(18) The forms in Appendix A are prescribed for the purposes of these rules.
(19) Forms generated by the user must
(a) be in substantial compliance with the prescribed forms, and
(b) show the applicable words of the prescribed form in regular type and the words supplied by the user in boldface type.
Forms
[en. B.C. Reg. 49/2019, s. 4.]
[en. B.C. Reg. 49/2019, s. 4.]
[en. B.C. Reg. 49/2019, s. 4.]
SUBPOENA | Court File Number |
FORM 4 | Court Location |
In the Provincial Court of British Columbia
Under the Child, Family and Community Service Act
In the matter of the child(ren): | |
[Name(s)] | [Date(s) of Birth (mo/day/yr)] |
The parent(s) of the child(ren) is/are: |
[Name(s)] |
To: [Name]
.......................................................................................................................................................................................................................................................
[Address]............................................................................................ [City] .................... [Prov.] .................. [Postal Code] ................................ [Tel.] ..............................
You have been subpoenaed as a witness by
and must appear in court
on [Date] ...................................................... at [Time] .......... am
pm
at [Court Location] .........................................................................................................................................
You must bring the following records and other things to court:
What happens if you do not attend?
A judge may issue a warrant for your arrest.
Can the subpoena be cancelled?
If you believe that you are not needed as a witness or it would be a hardship for you to attend court, you may ask a judge to cancel the subpoena.
The amount of $...................... is attached for use as travelling expenses to enable you to come to the court.
[Signature of person issuing subpoena] ................................................................
[am. B.C. Reg. 351/2005, s. 5.]
WARRANT | Court File Number |
FORM 5 | Court Location |
In the Provincial Court of British Columbia
Under the Child, Family and Community Service Act
In the matter of the child(ren): | |
[Name(s)] | [Date(s) of Birth (mo/day/yr)] |
The parent(s) of the child(ren) is/are: |
[Name(s)] |
WARRANT TO ARREST
To all Peace Officers in British Columbia:
This Court orders you to arrest ...................................................................................................................... and bring that person before any Judge or Justice of the Peace as soon as practicable.
The reason for the arrest is that:
the person did not attend this Court at [Court Location] ...................................................................................................................................................................................
on [Date] ...................................................... as required by a subpoena;
OR
the person did not comply with an order under section 17 (2) (b) to disclose all the information known to the person that may assist the director in locating the child;
OR
the person did not comply with an order under section 17 (2) (c) to allow the director or another person to interview or to visually examine the child, or to do both.
WARRANT TO ENTER DWELLING AND ARREST
To all Peace Officers in British Columbia:
This Court authorizes you to enter the dwelling located at
[Address] .................................................................................. [City] ...................................... and arrest ........................................................................ under the following terms (if any):
provided that:
• immediately before the entry, you have reasonable grounds to believe that the person is present in the dwelling; and
• the person is brought before any Judge or Justice of the Peace as soon as practicable.
The reason for the arrest is that there are reasonable grounds to believe that the person has contravened or is contravening
a protective intervention order under section 28 of the Act, or
a restraining order under section 98 of the Act
and is or will be present in the dwelling.
...............................................................................................................
[A Judge of the Provincial Court of British Columbia
or Clerk on behalf of ...............................................................................]
Dated: .......................................................................................................
[en. B.C. Reg. 75/2000, s. 10; am. B.C. Reg. 351/2005, ss. 5 and 6.]
RELEASE | Court File Number |
FORM 6 | Court Location |
In the Provincial Court of British Columbia
Under the Child, Family and Community Service Act
In the matter of the child(ren): | |
[Name(s)] | [Date(s) of Birth (mo/day/yr)] |
The parent(s) of the child(ren) is/are: |
[Name(s)] |
[Name]
.............................................................................................................................................................................................
[Address]............................................................................................................................................ [City] .................................................................... B.C.
[Postal Code] ................................................... [Phone] ...........................................................................
I promise to attend the Provincial Court at:
[Court Location] .....................................................................................................................................................................................................................
on [Date] ...................................................... at: [Time] .......... am
pm
I am released on these conditions, imposed under Rule 3 (9):
My name, address and telephone number as shown on this Release are correct.
I understand that if I do not attend court on the date and time shown, a judge may issue a warrant for my arrest.
[Signature of person being released] ...................................................................................................................................................................................
......................................................................................................................................
[A Judge of the Provincial Court of British Columbia or
A Justice of the Peace for British Columbia]
Date: the ....... day of ..................................................................., 20......................
[am. B.C. Reg. 351/2005, s. 5.]
AFFIDAVIT | Court File Number |
FORM 7 | Court Location |
In the Provincial Court of British Columbia
Under the Child, Family and Community Service Act
In the matter of the child(ren): | |
[Name(s)] | [Date(s) of Birth (mo/day/yr)] |
The parent(s) of the child(ren) is/are: |
[Name(s)] |
I, [Name] .........................................................................................................................................................................................
of [Address] ............................................................................................................ [City] ...................................................................... [Prov.] ................................................
swear that:
1. I know or firmly believe the following facts to be true. Where these facts are based on information from others, I have stated the source of that information and I firmly believe that information to be true.
2. I make this affidavit in relation to an application by
me or by [Name] ..............................................................................................................
3.
4.
5.
6.
Sworn before me
on [Date] .............................................................................................
at ..................................................................................................... British Columbia
[Signature]..........................................................................
................................................................................
[A Commissioner for taking Affidavits for British Columbia]
This affidavit is filed by:
[Name] .........................................................................................................................................................................
of [Address] ........................................................................................ [City] ....................[Prov.] ............... [Postal Code] ................................ [Phone] ............................... [Fax]...............................
[am. B.C. Reg. 351/2005, s. 5.]
NOTICE OF ADDRESS FOR SERVICE | Court File Number |
FORM 8 | Court Location |
In the Provincial Court of British Columbia
Under the Child, Family and Community Service Act
In the matter of the child(ren): | |
[Name(s)] | [Date(s) of Birth (mo/day/yr)] |
The parent(s) of the child(ren) is/are: |
[Name(s)] |
This is my address for service in this matter:
[Address] ...........................................................................................................................................................................................................................................
[Postal Code] ........................................................
I will accept service of documents by facsimile transmission to this number: [Fax No.] ......................................................................................................................
[Signature of party ] .......................................................................................................................................................................................................
[Address of party] .............................................................................................................................................................................................................................
[Postal Code] ............................ [Phone] ............................ [Fax] ............................
Date: the ............................ day of ......................................................, 20..................
[Signature of witness] ......................................................................................................................................................................................................
[Print name of witness] ..................................................................................................................................................................................................
[am. B.C. Reg. 351/2005, s. 5.]
CERTIFICATE OF SERVICE | Court File Number |
FORM 9 | Court Location |
In the Provincial Court of British Columbia
Under the Child, Family and Community Service Act
In the matter of the child(ren): | |
[Name(s)] | [Date(s) of Birth (mo/day/yr)] |
The parent(s) of the child(ren) is/are: |
[Name(s)] |
I certify that I,
[Name]
....................................................................................................................................................................
of [Address].............................................................................................................. [City] ............................................................... [Prov] ......................................
served [Name of person served] .......................................................................................................................................................................................
on [Date] .......................................................................................................
at [Address] ....................................................................................................................................................................................................
with a copy of: (List each document served.)
by leaving the copy with him or her personally;
by mailing the copy to him or her by registered mail. Attached and marked as an exhibit to this certificate is:
the original acknowledgment of receipt card, marked Exhibit ".........."; or
the unopened envelope returned by Canada Post, marked Exhibit "..........".
by sending the copy by facsimile transmission. Attached and marked as Exhibit ".........." to this certificate is a transmission report generated by the sending machine, confirming transmission to [Number] ...................................... which is the facsimile number of [Name]...........................................................................................................................
[Signature] ................................................................................................. Date: the .................... day of ............................................................, 20..................................
[am. B.C. Regs. 173/98, s. 6; 351/2005, s. 5.]
ORDER | Court File Number |
FORM 10 | Court Location |
In the Provincial Court of British Columbia
Under the Child, Family and Community Service Act
In the matter of the child(ren): | |
[Name(s)] | [Date(s) of Birth (mo/day/yr)] |
The parent(s) of the child(ren) is/are: |
[Name(s)] |
BEFORE THE HONOURABLE JUDGE | ) ..............day, the .......... day |
) of .................................., 20.... | |
) |
After a hearing at [Court Location]........................................................................................ on the ................................ day of....................................................., 20...
where ..................................................................................................................................................................................................................... appeared as Lawyer for
.....................................................................................................................................................................................................................................................................
THIS COURT ORDERS:
By the Court
.......................................................................................................................
[A Judge of the Court]
[am. B.C. Reg. 351/2005, s. 5.]
PROTECTION ORDER | Court File Number |
FORM 10.1 | Court Location |
In the Provincial Court of British Columbia
Under the Child, Family and Community Service Act
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
In the matter of the child(ren): [Name(s)] | [Date(s) of Birth (mo/day/yr)] |
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The parent(s) of the child(ren) is/are: [Name(s)] |
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BEFORE THE HONOURABLE JUDGE | ) ..............day, the .......... day |
) of .................................., 20.... | |
) |
After a hearing at ................................................... [court location] on .................................... [mo/day/yr] where the following people appeared: [Add additional lines as required.]
................................................................................[name]
................................................................................[name]
................................................................................[name] appeared as lawyer
for ..........................................................................[name(s)]
................................................................................[name] appeared as lawyer
for ..........................................................................[name(s)]
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(if applicable) [ ] By Consent [ ] Without notice to others
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(if applicable) [ ] After a hearing at ................................................... [court location] the order dated .................................... [mo/day/yr] is changed as stated below.
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[Select one or more of the following provisions, as applicable, complete the selected provision(s) and remove the provision(s) that is/are not selected so that it/they do(es) not appear in the draft order when submitted for filing.]
THIS COURT ORDERS, under [ ] section 28 [ ] section 98 of the Child, Family and Community Service Act, that ............................................................ [full name and date of birth of person prohibited] is prohibited for a period of .................................. from contacting or interfering with or trying to contact or interfere with .................................................................. [full name(s)] or from entering any premises or vehicle, or boarding any vessel, that .................................................................. [full name(s)] attend(s).
THIS COURT ORDERS, under [ ] section 28 [ ] section 98 of the Child, Family and Community Service Act, that ............................................................ [full name and date of birth of person prohibited] is prohibited for a period of .................................. from residing with ......................................................................... [full name(s) of child(ren)] or from entering any premises or vehicle, or boarding any vessel, where ................................................................. [full name(s) of child(ren)] reside(s), including any premises, vehicle or vessel that .................................................................. [full name of person prohibited] owns or has a right to occupy.
THIS COURT ORDERS, under [ ] section 28 [ ] section 98 of the Child, Family and Community Service Act, that ............................................................ [full name and date of birth of person restrained] enter into a recognizance, with or without sureties, in an amount of ..................... .
THIS COURT ORDERS, under [ ] section 28 [ ] section 98 of the Child, Family and Community Service Act, that ............................................................ [full name and date of birth of person restrained] must report to the court [or to ........................................................................ [specify person(s)]] as follows: .................................................................. [specify].
THIS COURT ORDERS, under [ ] section 28 [ ] section 98 of the Child, Family and Community Service Act, that ............................................................ [full name and date of birth of person restrained] produce to the court, or to a person named by the court, .............................................................. [specify documents].
THIS COURT ORDERS that ......................................................................................................[specify].
By the Court
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[A Judge of the Court]
DISOBEYING THIS ORDER IS A CRIMINAL OFFENCE UNDER SECTION 127
OF THE CRIMINAL CODE PUNISHABLE BY FINE OR IMPRISONMENT
TAKE NOTICE THAT any police officer, including any R.C.M.P. officer having jurisdiction in the province of British Columbia, having reasonable and probable grounds to believe that the person against whom this order is made has contravened a term of this order may take action to enforce the order, whether or not there is proof that the order has been served on the person and, if necessary, may use reasonable force. Enforcement action may include arresting the person against whom this order is made without a warrant in accordance with section 495 of the Criminal Code.
[en. B.C. Reg. 109/2013, s. 3.]
[en. B.C. Reg. 49/2019, s. 4.]
FORMS 12 and 13 Repealed. [B.C. Reg. 351/2005, s. 7.] |
[Provisions relevant to the enactment of this regulation: Court Rules Act, R.S.B.C. 1996, c. 80, ss. 1 to 4]
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