Regulation BEFORE repealed by BC Reg 120/2020, effective May 17, 2021.
| B.C. Reg. 417/98 O.C. 1444/98 | Deposited November 25, 1998 effective December 1, 1998 |
Court Rules Act
Provincial Court (Family) Rules
[Last amended December 7, 2020 by B.C. Reg. 236/2020]
Rule 1 — Purpose and Interpretation
Purpose
(1) The purpose of these rules is to allow people to obtain just, speedy, inexpensive and simple resolution of matters arising under the Family Law Act and certain matters under the Family Maintenance Enforcement Act.
[am. B.C. Reg. 132/2012, s. 1 (a).]
Definitions
(2) In these rules:
"clerk" means a member of the registry staff;
"court" means the Provincial Court;
"family justice counsellor" means a person appointed as a family court counsellor under section 3 of the Family Relations Act or a person appointed as a family justice counsellor under section 10 of the Family Law Act;
"family justice registry" means the Kelowna, Nanaimo or Vancouver (Robson Square) registry;
"file" means file in the registry;
"filed agreement" means an agreement filed under section 121 of the Family Relations Act or filed under section 5, 44 (3), 58 (3), 148 (2) or 163 (3) of the Family Law Act;
"filed copy", in relation to a document that is filed, means a copy of the document that is date stamped with the registry stamp;
"party" means
(b) a respondent who has filed a reply [see rule 3 about replying to applications],
(c) a person added as a party under rule 20 (5), and
(d) the Director of Maintenance Enforcement if an application relates to an order that is filed with the director;
"regional manager", in relation to a registry, means the regional manager of Family Justice Services Division (Justice Services Branch), Ministry of Attorney General, who is responsible for the region in which the registry is located;
"registry" means a registry of the court where family matters are dealt with.
"support" includes maintenance.
[am. B.C. Regs. 102/2001, s. 1; 159/2003, s. 1; 52/2007; 132/2012, s. 1 (b) to (e); 27/2013, Sch. 2, s. 7; 99/2018, Sch. 2, s. 10; 236/2020, Sch. 1, s. 1.]
Reference aids
(3) Italicized words in square brackets are not part of these rules, are included for convenience only and are not to be used in interpreting the rules or any provision to which the words refer.
[am. B.C. Reg. 132/2012, s. 1 (f).]
Family Law Act
(4) Unless a contrary intention appears, the definitions in the Family Law Act apply to these rules.
[en. B.C. Reg. 132/2012, s. 1 (g).]
Rule 2 — Making, Filing and Serving an Application
Applying to the court for an order
(1) To apply to the court for any of the following orders under the Family Law Act:
(a) an order for guardianship, parenting arrangements or contact with a child;
(b) an order for child or spousal support;
(c) a protection order under Part 9 of the Family Law Act,
a person must complete an application to obtain an order in Form 1 and file it, together with 3 copies of it.
[en. B.C. Reg. 132/2012, s. 2 (b).]
Applying to change orders or agreements
(2) To apply to the court for any of the following orders:
(a) an order to change, suspend or terminate an order that was made under the Family Law Act or the Family Relations Act;
(b) an order to reduce or cancel arrears under a support order made under the Family Law Act or under a support or maintenance order made under the Family Relations Act;
(c) an order to set aside or replace a filed agreement;
(c.1) an order under section 19 (3) of the Interjurisdictional Support Orders Act to set aside the registration of a foreign order under that Act;
(d) an order under section 35 of the Interjurisdictional Support Orders Act to vary a support order registered in British Columbia,
a person must complete an application respecting existing orders or agreements in Form 2 and file it, together with 3 copies of it, in the registry where the order or agreement to which the application applies is filed unless a judge permits otherwise under rule 19 (1) or unless rule 19 (5) or (6) applies:
[To file the application in another registry, see rule 19 concerning transfer of court files. Rule 19 (5) and (6) specifically concerns transfer of files by the registry when the parties consent to the transfer or when only one of the parties resides in British Columbia and that party requests the transfer. If a person seeks an order or direction from a judge in relation to another order, an agreement or the determination of a parenting coordinator, see rule 12 (5).]
[en. B.C. Reg. 132/2012, s. 2 (b); am. B.C. Reg. 122/2014, s. 1.]
Personal service of application, not by the applicant
(3) Unless a judge grants permission to use a different method of service under rule 9 (7), an applicant under subrule (1) or (2) must have a filed copy of the application served personally on the respondent by a person who is at least 19 years of age other than the applicant.
[am. B.C. Reg. 132/2012, s. 2 (c).]
Documents to be included with the application
(4) The following documents must be served with the filed copy of the application when it is served on the respondent:
(b) a blank financial statement in Form 4, if the applicant seeks an order for child or spousal support or to change, suspend or terminate child or spousal support;
(c) if required under rule 4, a filed copy of the applicant's financial statement and applicable documentation under rule 4 (2).
[am. B.C. Reg. 132/2012, s. 2 (d).]
Affidavit of service
(5) If the respondent does not file a reply to the application in accordance with rule 3, the applicant must file an affidavit of personal service in Form 5.
[To apply for recognition of an extraprovincial order, see rule 16. To apply for enforcement of a support order under the Family Maintenance Enforcement Act, see rule 17. To apply for an order for guardianship, see rule 18.1.]
[am. B.C. Regs. 132/2012, ss. 2 (e) and 3; 40/2013, s. 1.]
Rule 3 — Replying to the Application
and Making a Counterclaim
Filing the reply
(1) A person named as a respondent in an application referred to in rule 2 must, within 30 days after being served with a filed copy of the application,
(a) complete a reply in Form 3, following the instructions on the form,
(b) file that reply, together with 3 copies of it, in the registry where the application was filed, and
(c) if required under rule 4, file with that reply the original and 3 copies of the respondent's financial statement and applicable documentation referred to in rule 4 (2) (b).
[am. B.C. Reg. 132/2012, s. 4 (b) to (d).]
Respondent's options
(2) The respondent may do one or more of the following in the reply:
(a) consent to one or more of the orders requested in the application;
(b) disagree with anything claimed in the application, stating the reasons for the disagreement;
(c) apply to the court for any of the following under the Family Law Act:
(i) an order for guardianship, parenting arrangements or contact with a child;
(ii) an order for child or spousal support;
(iii) a protection order under Part 9 of the Family Law Act;
(iv) an order to change, suspend or terminate an order that was made under the Family Law Act or the Family Relations Act;
(v) an order to cancel or reduce arrears under a support order made under the Family Law Act or under a support or maintenance order made under the Family Relations Act;
(vi) an order to set aside or replace a filed agreement;
(vii) an order under section 35 of the Interjurisdictional Support Orders Act to vary a support order registered in British Columbia.
(d) Repealed. [B.C. Reg. 132/2012, s. 4 (e).]
[To apply for enforcement of an order or filed agreement for guardianship, parenting arrangements or contact with a child, see rule 12, or for recognition of an extraprovincial order, see rule 16. To apply for enforcement of a support order under the Family Maintenance Enforcement Act, see rule 17. To apply for an order for guardianship, see rule 18.1.]
[am. B.C. Regs. 132/2012, s. 4 (e); 40/2013, s. 2.]
No notice of hearing if no reply
(3) A respondent who has not filed a reply is not entitled to receive notice of any part of the proceedings under these rules, including, without limitation, any court appearance, hearing, conference or trial.
[See rule 6 (4) about what a judge may do if a respondent fails to file a reply.]
How a reply is served on the applicant
(4) Within 21 days after a reply is filed, the clerk must serve on the applicant a filed copy of the reply and any documents filed by the respondent under subrule (1) (c).
[am. B.C. Reg. 132/2012, s. 4 (f).]
Applicant needs to respond if the reply includes a counterclaim
(5) If the reply includes a counterclaim under subrule (2) (c), the applicant must, within 30 days after being served with a filed copy of the reply,
(a) complete a reply in Form 3, following the instructions on the form,
(b) file that reply, together with 3 copies of it, in the registry where the application under rule 2 was filed, and
(c) serve on the respondent a filed copy of that reply and, if required under rule 4 and only if the applicant has not already done so, serve with that reply a filed copy of the applicant's financial statement and applicable documentation referred to in rule 4 (2) (b).
[am. B.C. Reg. 132/2012, s. 4 (b), (g) and (h).]
Rule 4 — Provision of Financial Information
Persons who must provide financial information
(1) Subrule (2) applies to the following persons:
(a) a person who applies, in Form 1 or 3, for a spousal support order or who is responding to such an application;
(b) a person who applies, in Form 2 or 3, to change, suspend or terminate a spousal support order or who is responding to such an application;
(c) a person who applies, in Form 1 or 3, for a child support order and who is required under the Child Support Guidelines Regulation to provide income information;
(d) a person who is responding to an application for a child support order;
(e) a person who applies, in Form 2 or 3, to change, suspend or terminate a child support order and who is required under the Child Support Guidelines Regulation to provide income information;
(f) a person who is responding to an application to change, suspend or terminate a child support order and who is required under the Child Support Guidelines Regulation to provide income information;
(g) a person who applies, in Form 2 or 3, to reduce or cancel arrears under a support order;
(h) a person who applies, in Form 2 or 3, to set aside or replace a filed agreement respecting child or spousal support and who is required under the Child Support Guidelines Regulation to provide income information.
[am. B.C. Reg. 132/2012, ss. 5 (a) to (d) and 6.]
Requirement to file financial information
(2) A person referred to in subrule (1) must
(a) complete a financial statement in Form 4, following the instructions on the financial statement, and
(b) when filing the application or the reply, as the case may be, file the original and 3 copies of that financial statement and any applicable documentation described in Form 4 or required under the Child Support Guidelines Regulation.
[am. B.C. Reg. 132/2012, s. 5 (e).]
If the parties agree on income and amount of child support
(3) Parties to an application for child support or to change child support are deemed to have complied with the documentation requirements of the Child Support Guidelines Regulation and the requirement to complete and file financial statements under subrule (2) in respect of that application if
(a) the parties have agreed on the amount of child support to be paid and on the annual income of each party who would otherwise be required to provide income information under that regulation,
(b) the parties have signed a consent in Form 19 respecting that agreement, and
(c) the consent, together with a copy of the most recent income tax return of each party who would otherwise be required to provide income information under that regulation and a copy of that person's most recent income tax notice of assessment or reassessment, have been filed.
[If the parties wish to file an application for an order that the parties consent to, see rule 14.]
[am. B.C. Reg. 132/2012, ss. 5 (f), 6 and 7.]
Rule 5 — Procedures in Family Justice Registries
Application of this rule
(1) Subject to the exceptions set out in subrule (2), this rule applies to proceedings begun by an application under rule 2 (1) or (2) if
(a) the application is filed in a family justice registry, or
(b) the court file for the proceedings is transferred under rule 19 to a family justice registry.
[Rule 2 is about applications for guardianship, parenting arrangements or contact with a child orders, support orders and protection orders and applications to set aside or replace filed agreements or to change, suspend or terminate existing orders.]
[am. B.C. Reg. 132/2012, s. 8 (a) and (b).]
Rule does not apply
(2) This rule
(a) does not apply to the proceedings referred to in subrule (1) if the only applications concern support and there has been an assignment of support rights under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act,
(b) ceases to apply to the proceedings referred to in subrule (1) if the court file for the proceedings is transferred under rule 19 to a registry that is not a family justice registry, and
(c) does not apply to the proceedings referred to in subrule (1) if the only applications concern return of a child under the Convention on the Civil Aspects of International Child Abduction signed at The Hague on October 25, 1980.
[am. B.C. Regs. 159/2003, s. 2; 132/2012, s. 8 (c) and (d).]
First referral by a clerk
(3) Before setting a date for the parties' first appearance before a judge, a clerk must refer the applicant and each respondent who has filed a reply to a family justice counsellor.
[For exemption from this subrule in urgent and special circumstances, see subrule (8).]
Options for parties
(4) To assist the parties in resolving any part of their dispute, each party must meet with the family justice counsellor and may seek referral from the family justice counsellor to one or more of the following persons, programs or services:
(a) a person designated by the Attorney General to provide specialized support assistance;
(b) a program, approved by the Attorney General, designed to help parties identify and consider post-separation issues involving children;
(c) mediation with a family justice counsellor;
(d) a family dispute resolution professional other than a family justice counsellor;
(e) any other service or agency that may assist the parties.
[am. B.C. Reg. 132/2012, ss. 6 and 8 (e).]
Subsequent referral to a judge
(5) At any time after meeting with the family justice counsellor, a party may do any of the following:
(a) ask to appear before a judge on one or more issues in the case by filing a referral request in Form 6;
(b) seek a consent order under rule 14.
[am. B.C. Reg. 132/2012, s. 7.]
Court action after referral to a family justice counsellor
(6) Subject to rule 21 (8), on receiving a referral request in Form 6, the clerk must serve the parties with notice of the time and place at which they must attend before a judge.
[am. B.C. Reg. 132/2012, s. 8 (f).]
What the judge may do
(7) When the parties attend before the judge under subrule (6), the judge may
(a) do any of the things described in rule 6 (3), and
(b) require the parties to attend, or continue their attendance with, one or more of the persons or programs referred to in subrule (4) of this rule.
[am. B.C. Reg. 132/2012, s. 8 (g).]
Urgent and special circumstances
(8) If, at any time in the course of the proceedings,
(a) a party applies to a judge for a protection order under Part 9 of the Family Law Act, or
(b) a judge is satisfied on application by a party that urgent and exceptional circumstances exist requiring a judge to hear the matter at the earliest opportunity,
the judge may do one or more of the following:
(c) dispense with or defer compliance with all or any part of this rule if the judge considers it necessary;
(d) order that subrule (3) does not apply and that the matter be referred to a judge for hearing at the earliest opportunity;
(e) make any order or give any directions that the judge considers appropriate.
[am. B.C. Reg. 132/2012, s. 8 (h) and (i).]
If a respondent fails to file a reply or appear in court
(9) Rule 6 (4) and (10) applies to proceedings begun by an application filed in or transferred to a family justice registry.
[Rule 6 (4) and (10) sets out the options available to a judge if the respondent fails to file a reply or fails to appear in court and includes the option of making a final order.]
[am. B.C. Reg. 132/2012, s. 8 (h) and (i).]
All other rules apply
(10) All other rules apply to proceedings in a family justice registry but, if anything in another rule other than rule 22 is considered to be in conflict with this rule, this rule prevails.
[am. B.C. Reg. 132/2012, s. 8 (j).]
Persons exempt from meeting with family justice counsellors
(11) A person representing the government, a ministry or public officer, if they are parties, need not but may meet with and attend with a family justice counsellor or persons or programs under subrules (3), (4) and (7) (b).
[am. B.C. Reg. 132/2012, s. 8 (k).]
Repealed
(12) Repealed. [B.C. Reg. 132/2012, s. 8 (l).]
Rule 5.01 — Early Resolution and Case Management Model Procedures
Definitions
(1) In this rule and Appendix B [Early Resolution and Case Management Model]:
"certificate of service" means a certificate in Form E [Certificate of Service] of Appendix C that certifies service under the Early Resolution and Case Management Model;
"consensual dispute resolution" means
(a) mediation with a family law mediator who is qualified as a family dispute resolution professional in accordance with section 4 [family law mediators] of the Family Law Act Regulation,
(b) a collaborative family law process conducted in accordance with a collaborative participation agreement, or
(c) facilitated negotiation of a child support or spousal support matter with a child support officer employed by the Family Justice Services Division of the Ministry of Attorney General;
"Early Resolution and Case Management Model" means the rules for early resolution and case management set out in the provisions of Appendix B [Early Resolution and Case Management Model];
"early resolution and case management registry" means the Surrey or Victoria registry;
"Family Law Act Regulation" means the Family Law Act Regulation, B.C. Reg. 347/2012;
"family law matter" means any of the following matters:
(a) parenting arrangements, including parental responsibilities and parenting time;
"priority parenting matter" means any of the following matters:
(a) giving, refusing or withdrawing consent, by a guardian, to medical, dental or other health-related treatments for a child, if delay will result in risk to the health of the child;
(b) applying, by a guardian, for
(i) a passport, licence, permit, benefit, privilege or other thing for a child, if delay will result in risk of harm to the child's physical, psychological or emotional safety, security or well-being, or
(ii) travel with a child or participation by a child in an activity if consent to the travel or activity is required and is alleged to have been wrongfully denied;
(c) relating to change in location of a child's residence, or a guardian's plan to change the location of a child's residence, if
(i) no written agreement or order respecting parenting arrangements applies in respect of the child, and
(ii) the change of residence can reasonably be expected to have a significant impact on the child's relationship with another guardian;
(d) relating to the removal of a child under section 64 [orders to prevent removal of child] of the Family Law Act;
(e) determining matters relating to interjurisdictional issues under section 74 (2) (c) [determining whether to act under Part 4 — Care of and Time with Children] of the Family Law Act;
(f) relating to the alleged wrongful removal of a child under section 77 (2) [wrongful removal of child] of the Family Law Act;
(g) relating to the return of a child alleged to have been wrongfully removed or retained under the Convention on the Civil Aspects of International Child Abduction signed at the Hague on October 25, 1980.
[en. B.C. Reg. 61/2019, s. 1; am. B.C. Regs. 119/2020, s. 1; 236/2020, Sch. 1, s. 2.]
In the event of conflict
(2) Unless the court otherwise orders, in the event of a conflict between this rule, including the Early Resolution and Case Management Model, and another rule, this rule, including the Early Resolution and Case Management Model, applies.
[en. B.C. Reg. 61/2019, s. 1.]
Application of this rule and Early Resolution and Case Management Model
(3) This rule and the Early Resolution and Case Management Model apply to proceedings concerning the following, when initiated in an early resolution and case management registry:
(a) orders about family law matters that are to be made under Part 3 [Application about Family Law Matters] of Appendix B;
(b) case management orders that are to be made under Part 5 [Case Management Orders] of Appendix B;
(c) orders that are to be made under Part 6 [Applying for Other Orders] of Appendix B in relation to the following:
(ii) priority parenting matters;
[en. B.C. Reg. 61/2019, s. 1; am. B.C. Reg. 236/2020, Sch. 1, s. 3.]
When family law matter must be resolved in early resolution and case management registry
(4) Subject to subrule (5), a party seeking to resolve any matters in subrule (3) must do so in the early resolution and case management registry when
(a) there is an existing case filed in the early resolution and case management registry and the family law matter has the same parties as the existing case,
(b) the family law matter involves a child related issue and the early resolution and case management registry is the closest registry to where the child lives most of the time, or
(c) the family law matter does not involve a child related issue and the early resolution and case management registry is the closest registry to where the party seeking to resolve the family law matter lives most of the time.
[en. B.C. Reg. 61/2019, s. 1.]
Protection orders and priority parenting matters
(5) With permission of the court, a party seeking an order about a protection order or a priority parenting matter may do so in any registry.
[en. B.C. Reg. 61/2019, s. 1; am. B.C. Reg. 236/2020, Sch. 1, s. 4.]
When Early Resolution and Case Management Model does not apply
(6) The Early Resolution and Case Management Model does not apply
(a) to matters in a court file, if the court file is transferred to a registry that is not an early resolution and case management registry,
(b) to an application to obtain an order in an early resolution and case management registry, if the application was made before the registry became an early resolution and case management registry,
(c) to an application respecting existing orders or agreements in an early resolution and case management registry, if the application was made before the registry became an early resolution and case management registry, or
(d) to a notice of motion filed in an early resolution and case management registry, if the notice of motion was filed before the registry became an early resolution and case management registry.
[en. B.C. Reg. 236/2020, Sch. 1, s. 5.]
Intention to proceed — court file started before Early Resolution and Case Management Model
(7) Despite subrule (6), if one year has passed from the date of an activity described in subrule (6) (b) or (c), before the parties may proceed, a party must
(a) file a notice of intention to proceed in Form B [Notice of Intention to Proceed] of Appendix C,
(b) serve it on the other party,
(c) file a Certificate of Service, and
(d) participate in a family management conference.
[en. B.C. Reg. 61/2019, s. 1.]
Rule 5.1 — Procedures in Fax Filing Pilot Project Registries
Definition
(1) In this rule, "fax filing pilot project registry" means the Burns Lake, Chilliwack, Cranbrook, Dawson Creek, Kamloops, Kelowna, Nelson, Penticton, Prince George, Rossland, Salmon Arm, Smithers, Terrace, Vernon or Williams Lake registry.
[en. B.C. Reg. 9/2003, s. 1; am. B.C. Reg. 68/2018.]
Application of this rule
(2) Despite rules 2 (1) and (2), 3 (1) and (5), 4 (2), 13 (4), 16 (3) and 17 (4) and subject to this rule, if a registry is a fax filing pilot project registry, a clerk may accept any document in a filing that has been transmitted to the registry by fax, except the following:
(a) an application for an order under rule 2 (1) or (2) if the application is filed in a family justice registry or the court file for the proceedings is transferred under rule 19 to a family justice registry;
(b) a statement of finances under section 13 of the Family Maintenance Enforcement Act.
[en. B.C. Reg. 9/2003, s. 1; am. B.C. Reg. 132/2012, s. 9 (a).]
When a fax filing may be refused
(3) A clerk may refuse to accept a filing that is transmitted to a fax filing pilot project registry by fax for any one or more of the following reasons:
(a) the filing is not accompanied by a fax cover sheet in Form 32;
(b) the filing relates to more than one court file;
(c) the filing and the fax cover sheet exceed 20 pages in length;
(d) in the opinion of the clerk, the filing is illegible and cannot be used by the court;
(f) the filing should have been transmitted to another fax filing pilot project registry;
(g) the filing does not otherwise conform to practice and procedure under these rules and any applicable enactment.
[en. B.C. Reg. 9/2003, s. 1; am. B.C. Reg. 132/2012, s. 9.]
When a fax filing is filed
(4) A filing that is transmitted to a fax pilot project filing registry by fax and received by the registry fax machine will be filed as soon as is practicable, provided that it has not been refused under subrule (3).
[en. B.C. Reg. 9/2003, s. 1.]
When a fax filing is considered to be filed
(5) A filing that is transmitted to a fax filing pilot project registry by fax is considered to be filed on the date stamped on it by a clerk.
[en. B.C. Reg. 9/2003, s. 1.]
Original of fax filing may be required by judge
(6) A judge may require that the original of a document transmitted to a fax filing pilot project registry by fax in accordance with this rule be produced.
[en. B.C. Reg. 9/2003, s. 1.]
Rule 6 — First and Subsequent Appearances in Court
Notice to parties of first appearance
(1) Subject to rule 21 (8), if the respondent
(b) has not filed a reply within the time limit set in these rules and the applicant has filed an affidavit of service and requested an appearance,
a clerk must
(c) serve the parties with notice of the time and place they are to attend court for a first appearance in the matter, and
(d) if the reply has been filed, serve the applicant with a filed copy of
(ii) any financial statement and applicable documentation filed by the respondent under rule 4 (2).
[am. B.C. Regs. 102/2001, s. 2; 132/2012, s. 10 (a).]
Subrule (1) does not apply
(2) Subrule (1) does not apply to proceedings to which rule 5, rule 5.01 or Appendix B applies.
[am. B.C. Reg. 61/2019, s. 2.]
Options for the judge
(3) The judge at the first appearance or any subsequent appearance may do one or more of the following:
(a) make an order that all parties consent to in respect of all or any part of what is claimed in the application or reply;
(b) make an interim order under section 216 or 217 of the Family Law Act;
(c) if a party has failed to provide financial information in accordance with rule 4,
(i) make an order requiring the party to file that financial information within a set time,
(ii) draw an adverse inference from that failure and impute an amount of income to that party that the judge considers appropriate,
(iii) make an interim order under section 216 or 217 of the Family Law Act, and
(iv) if the judge considers that the circumstances justify it, make a final order;
(d) adjourn the case for a specified period of time that the judge considers appropriate;
(e) order a party to allow another party to inspect and copy records, specified in the order, that are or have been in that other party's possession or control or, if not in that other party's possession or control, are within that other party's power;
(f) set a date for a family case conference under rule 7;
(g) set a date for a trial preparation conference under rule 8;
(h) if the judge does not set a date for a family case conference or for a trial preparation conference, set a trial date for the matter or set a date for a trial that is restricted to issues defined by the parties;
(i) make a conduct order under Division 5 of Part 10 of the Family Law Act, including an order
(i) requiring the parties to participate in family dispute resolution within the meaning of the Family Law Act, or
(ii) requiring one or more parties or, with or without the consent of the child's guardian, a child, to attend counselling, specified services or programs;
(j) hear evidence and make an interim or final order for child or spousal support or for guardianship, parenting arrangements or contact with a child;
(k) make any other order or give any direction that the judge considers appropriate.
[am. B.C. Reg. 132/2012, ss. 3 and 10 (b) and (c).]
If the respondent fails to file reply
(4) If the respondent fails to file a reply under rule 3, the judge at the first appearance or any subsequent appearance may do one or more of the following:
(a) draw an inference that the respondent consents to the orders sought by the applicant;
(b) impute an amount of income to that respondent that the judge considers appropriate;
(c) make an interim order under section 216 or 217 of the Family Law Act;
(d) if the judge considers that the circumstances justify it and it is fair to do so in the respondent's absence, make a final order;
(e) issue a summons in Form 7 to be served on the respondent.
[am. B.C. Reg. 132/2012, s. 10 (b).]
Adjournment to enable parties to attend services, programs or agencies
(5) Without limiting subrule (3) (d), the judge may adjourn the case for a specified period of time that the judge considers appropriate to enable the parties to consult with or attend one or more of the following:
(a) a family justice counsellor;
(b) a person designated by the Attorney General to provide specialized support assistance;
(c) a program, approved by the Attorney General, designed to help parties identify and consider post-separation issues involving children;
(d) a family dispute resolution professional other than a family justice counsellor;
(e) any other service or agency that may assist the parties.
[am. B.C. Reg. 132/2012, ss. 6 and 10 (d).]
Adjournment only if services available
(6) A judge may adjourn a case to enable the parties to consult with or attend a person or program under subrule (5) (a), (b) or (c) only if the regional manager has advised the court in writing that the person or program is readily available to the parties.
If parties attend a service, program or agency
(7) A party who consults with or attends a service, person, program or agency referred to in subrule (5) may, at any time, do any of the following:
(a) ask to appear before a judge on one or more issues in the case by filing a referral request in Form 6;
(b) seek a consent order under rule 14.
[am. B.C. Reg. 132/2012, s. 7.]
Court action after parties attend service, program or agency
(8) On receiving a referral request in Form 6, the clerk must serve the parties with notice of the time and place at which they must attend before a judge.
What the judge may do
(9) When the parties attend before a judge under subrule (8), the judge may do any of the things described in subrule (3).
If a respondent does not appear in court
(10) If a respondent fails to appear in court as directed by a judge or in response to a summons issued by a judge or to a notice sent under these rules, a judge may do one or more of the following:
(a) draw any inference from that failure that the judge considers appropriate, including, without limitation, an inference that the respondent consents to the orders sought by the applicant;
(b) impute an amount of income to the respondent that the judge considers appropriate;
(c) for the purpose of making an order for child or spousal support, hear submissions on the respondent's probable income;
(d) make an interim order under section 216 or 217 of the Family Law Act;
(e) if the judge considers that the circumstances justify it and that it is fair to do so in the respondent's absence, make a final order;
(f) issue a summons in Form 7 to be served on the respondent;
(g) if the respondent was served with a summons for the court appearance or was present in court when the date for the court appearance was set, issue a warrant for arrest in Form 8 for the arrest of the respondent.
[am. B.C. Reg. 132/2012, s. 10 (b), (e) and (f).]
How long a warrant for arrest is in force
(11) A warrant under subrule (10) (g) remains in force until
(a) the respondent named in the warrant appears in court either voluntarily or under the warrant, or
(b) a justice cancels the warrant.
[am. B.C. Regs. 132/2012, s. 10 (g); 122/2014, s. 2.]
After respondent is arrested
(12) A respondent who is arrested under a warrant must be brought before a justice as soon as practicable.
[am. B.C. Regs. 132/2012, s. 10 (g); 122/2014, s. 2.]
Release of respondent
(13) The justice must release the respondent on giving the respondent a release in Form 9 requiring the respondent to appear in court on the date and at the time and place stated in the release.
[am. B.C. Regs. 132/2012, s. 10 (g); 122/2014, s. 2.]
Notice to applicant of appearance
(14) A clerk must notify the applicant regarding the date, time and place of the appearance stated in the release.
If respondent does not comply with release
(15) If the respondent does not appear in court on the date and at the time stated on the release, the judge may
(a) issue a warrant for arrest in Form 8 for the arrest of the respondent and order that the respondent be brought to a judge promptly on that arrest, or
(b) do anything described in subrule (10) (a) to (f).
[am. B.C. Regs. 132/2012, s. 10 (f); 122/2014, s. 2; 219/2015, s. 1.]
Rule 7 — Family Case Conference
Family case conferences for contested guardianship,
parenting arrangements or contact with a child
parenting arrangements or contact with a child
(1) If guardianship, parenting arrangements or contact with a child are contested, a judge may order the parties to attend a family case conference.
[am. B.C. Reg. 132/2012, s. 11 (a).]
Who must attend the family case conference
(2) The following persons must attend the family case conference:
Other persons may attend with court's permission
(3) With permission of a judge, a child or person who is not a party may attend the family case conference.
What happens at the family case conference
(4) The judge at the family case conference may do one or more of the following:
(a) mediate any of the issues in dispute;
(b) decide any issues that do not require evidence;
(c) make a conduct order under Division 5 of Part 10 of the Family Law Act, including an order
(i) requiring the parties to participate in family dispute resolution within the meaning of the Family Law Act, or
(ii) requiring one or more parties or, with or without the consent of the child's guardian, a child, to attend counselling, specified services or programs;
(d) if the regional manager has advised the court in writing that the person or program is readily available to the parties, refer the parties to a family justice counsellor or to a person designated by the Attorney General to provide specialized support assistance;
(e) adjourn the case for the purposes of paragraph (c) or a referral under paragraph (d);
(f) make an order to which all of the parties consent;
(g) direct that any or all applications must be made within a set time;
(h) direct the parties to attend a further family case conference, setting a date for that conference;
(i) set a date for a trial preparation conference under rule 8;
(j) make any order that may be made at a trial preparation conference under rule 8 (4);
(k) if the judge does not set a date for a further family case conference or for a trial preparation conference, set a trial date for the matter or set a date for a trial that is restricted to issues defined by the parties;
(l) make an interim or final order requested in an application, reply or notice of motion;
(m) without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing or trial;
(n) make any other order or give any direction that the judge considers appropriate.
[am. B.C. Reg. 132/2012, ss. 6 and 11 (b) and (c).]
Judge may make order on failure to attend
(5) If the judge presiding at the family case conference considers that the circumstances justify it and that it is fair to do so in the person's absence, the judge may make an order referred to in subrule (4) (l) even though one or more of the persons required to attend the family case conference under subrule (2) fails to attend.
Rule 8 — Trial Preparation Conference
Trial preparation conference
(1) If a judge determines that a trial is necessary, the judge may first set a date for a trial preparation conference.
Who must attend the trial preparation conference
(2) The following persons must attend the trial preparation conference:
(a) each lawyer representing a party or a child;
(b) subject to the exception set out in subrule (3), the parties.
Absent parties must be available and accessible by telephone or other means
(3) A party who is represented by a lawyer need not attend the trial preparation conference in person if the party is readily available and immediately accessible for consultation during the trial preparation conference, either in person or by telephone.
What happens at the trial preparation conference
(4) The judge at the trial preparation conference may do one or more of the following:
(a) order a party to allow inspection and copying of records, specified in the order, that are or have been in the party's possession or control or, if not in that party's possession or control, are within that party's power;
(b) order a party to serve on the other parties a written summary of the proposed evidence of a witness within a set time;
(c) if the judge determines that there are any pending applications relating to the case that have not yet been heard, order that those applications be heard at the trial preparation conference or be brought and heard within a set time;
(d) order the parties to file a statement of agreed facts, within a set time;
(e) discuss evidence that will be required and the procedure that will be followed at that trial;
(f) order a party to bring to trial a record, specified in the order, that is or has been in the party's possession or control or, if not in the party's possession or control, is within that party's power;
(g) grant permission to a party to submit evidence by affidavit at the trial, in accordance with rule 13 [concerning affidavits] and with any directions given by the judge presiding at the trial preparation conference;
(h) estimate the time required for a trial;
(i) set a trial date for the matter or set a date for a trial that is restricted to issues defined by the parties;
(j) make any order or give any direction that the judge considers appropriate.
[am. B.C. Reg. 132/2012, ss. 3 and 12.]
Rule 9 — Other Rules about Service and Proving Service
Serving documents
(1) Subject to the exceptions set out in subrule (2), documents may be served by delivering the documents as follows:
(a) on a party, other than the Director of Maintenance Enforcement,
(i) by leaving the documents with the party's lawyer or having a person who is at least 19 years of age, other than the serving party, leave the documents with the party to be served,
(ii) by mailing the documents to the last address for service provided by that party under subrule (4) or (5),
(iii) if the address for service provided by that party includes a fax number, by transmitting the documents to that fax number together with a fax cover-page in Form 10, or
(iv) if the address for service provided by that party includes an e-mail address, by e-mailing the document to that e-mail address;
(b) on the Director of Maintenance Enforcement, by mailing the documents to the post office box number provided by the director;
(c) on any other person, by leaving the documents with the person or by mailing the documents by registered mail to that person's postal address.
[am. B.C. Reg. 132/2012, s. 13 (a) and (b).]
When subrule (1) does not apply
(2) Subrule (1) does not apply in the case of a summons, a subpoena, a protection order under Part 9 of the Family Law Act, an application in Form 1, 2 or 22 or a request for court enforcement under the Family Maintenance Enforcement Act in Form 23.
[Forms 1 and 2 concern applications for guardianship, parenting arrangements, contact with a child, support or protection orders and applications to set aside or replace filed agreements or to change, suspend or terminate orders. These applications must be served personally on the respondent (see rule 2 (3) to (5)).]
[Form 22 concerns applications to recognize orders, similar in nature to an order respecting guardianship, parenting arrangements or contact with a child, that are made by courts outside of British Columbia. These applications must be served personally on the respondents (see rule 16 (4)).]
[Form 23 is related to enforcing existing support orders and is a request to the court for issuance of a summons, warrant or garnishing order. These applications are generally made without notice to the person against whom the summons or warrant will be issued or against whom the order will be made.]
[am. B.C. Regs. 132/2012, s. 13 (c) and (d); 219/2015, s. 2 (a).]
Service of summons
(3) Unless a judge grants permission to use a different method of service under subrule (7), a summons (Form 7) issued under rule 6 (4) (e) or (10) (f) must be served on the respondent at least 3 days before the date of the hearing referred to in the summons as follows:
(a) a clerk may have it served on the respondent by mail or fax or personally by a peace officer or a person who is at least 19 years of age other than the applicant;
(b) the applicant may have it served on the respondent personally by a person who is at least 19 years of age other than the applicant.
[am. B.C. Reg. 132/2012, s. 13 (e).]
Party must give address
(4) Each time a party files a Form 1, Form 2 or Form 3, the party must provide in the document the party's current address for service.
[am. B.C. Reg. 132/2012, s. 13 (f).]
Party must notify of change of address
(5) If a party's address for service changes, the party must promptly file a notice of change of address in Form 11 and serve a copy of the notice on the other parties.
[am. B.C. Reg. 132/2012, s. 3.]
When service by mail is effected
(6) A document served by mail in accordance with this rule is presumed to have been served 14 days after it was mailed.
Alternatives to personal service
(7) If a person is required under these rules to have a document served personally on another person, a judge may, on application brought by notice of motion under rule 12,
(a) order that the document be served by a peace officer, if the judge is satisfied that such an order is appropriate in the circumstances, or
(b) make an order granting permission to use a different method of service, specified in the order, if the judge is satisfied that the person to be served
(i) cannot be found after a diligent search,
If different method of service is permitted
(8) If a different method of service of a document is permitted by a judge under subrule (7) (b), a filed copy of the judge's order must be served with the document, unless the judge
Notice by advertisement
(9) If a judge orders notice to be given by advertisement,
(a) the advertisement must be in Form 12, and
(b) the party who obtained permission must pay for the advertisement.
Proof of service
(10) If an affidavit or certificate referred to in the following paragraphs is completed in accordance with the instructions on the applicable form and is filed, the affidavit or certificate is proof of service of the document to which the affidavit or certificate relates:
(a) in relation to a document served by mail, fax or e-mail, an affidavit of service in Form 13;
(b) unless paragraph (b.1) applies, in relation to a document served personally by a person who is at least 19 years of age other than a peace officer, an affidavit of personal service in Form 5;
(b.1) in relation to a protection order under Part 9 of the Family Law Act served personally by a person who is at least 19 years of age, other than a peace officer or the person protected by the protection order, an affidavit of personal service in Form 5.1;
(c) in relation to a document served personally by a peace officer, a certificate of service in Form 14.
[am. B.C. Regs. 132/2012, ss. 7 and 13 (g) and (h); 219/2015, s. 2 (b) and (c).]
Admissibility of other evidence of service
(11) Nothing in subrule (10) restricts the admissibility of any other evidence of service that the court may consider appropriate in the circumstances.
Service outside British Columbia
(12) An application, notice of motion or other document may be served on a person outside British Columbia if the court has jurisdiction in relation to the order sought in the application or notice of motion under section 10 of the Court Jurisdiction and Proceedings Transfer Act or Division 7 or 8 of Part 4 of the Family Law Act.
[en. B.C. Reg. 132/2012, s. 13 (i).]
How to subpoena a witness
(1) To require the attendance of a witness, a party must
(a) complete a subpoena in Form 15, and
(b) serve a copy of the subpoena on the witness personally at least 7 days before the date the witness is required to appear.
Travelling expenses
(2) At the time the subpoena is served, the party who subpoenas the witness must offer the witness reasonable estimated travelling expenses.
What a witness must do
(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.
Subpoena may be cancelled
(4) A person who is served with a subpoena may, on 2 days notice, apply by notice of motion under rule 12 to a judge who may cancel the subpoena if
(a) the person is not required as a witness, or
(b) it would be a hardship for the person to appear in court as required by the subpoena.
If a subpoena is cancelled
(5) A judge who cancels a subpoena may make any order or give any directions that the judge considers necessary and advisable in the circumstances, including an order adjourning the trial or any other hearing.
If a witness does not obey a subpoena
(6) A judge may issue a warrant for arrest in Form 8 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
(c) justice requires the presence of the witness.
[am. B.C. Reg. 132/2012, s. 14 (a).]
How long a warrant for arrest of witness is in force
(7) A warrant issued under subrule (6) remains in force until
(a) the witness named in the warrant appears in court, whether voluntarily or under the warrant, or
After a witness is arrested
(8) A witness who is arrested under a warrant issued under subrule (6) must be brought before a judge as soon as practicable.
What the judge may do when the witness appears
(9) If the judge determines that the witness' evidence is still required, the judge may
(a) release the witness on giving the witness a release in Form 9 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 police officer to detain the witness in custody until the witness' presence is no longer required.
[am. B.C. Reg. 132/2012, s. 14 (b).]
Rule 11 — Trial Date and Evidence
Changing the trial date
(1) A trial may be adjourned only as follows:
(a) if the adjournment is sought more than 45 days before the scheduled trial date,
(i) by filing a consent to the adjournment signed by all parties, or
(ii) if the parties cannot agree to the adjournment, on application brought by notice of motion to a judge under rule 12 to explain why the adjournment is necessary;
(b) if the adjournment is sought within 45 days of the scheduled trial date, on application brought by notice of motion to a judge under rule 12 to explain why the adjournment is necessary.
[am. B.C. Reg. 132/2012, s. 3.]
Report must include address for service
(1.1) If, under section 211 of the Family Law Act, the court appoints a person to conduct an assessment, that person must
(a) include in the report required under section 211 (4) of that Act an address for service, and
(b) unless the court otherwise orders, file a copy of the report and give a filed copy of the report to all parties at least 30 days before the scheduled trial date.
[en. B.C. Reg. 132/2012, s. 15 (a).]
When cross-examination required
(1.2) A party who wishes to contest any of the facts or opinions contained in a report referred to in subrule (2) must cross examine at trial the person who prepared the report.
[en. B.C. Reg. 132/2012, s. 15 (a).]
Permission required to call person who prepares court-ordered report
(2) If a party wishes to call as a witness at trial the person who prepared a report ordered by a judge under section 211 of the Family Law Act,
(a) the party who wishes to call the witness must
(i) Repealed. [B.C. Reg. 132/2012, s. 15 (c).]
(ii) apply by notice of motion to a judge under rule 12 at least 14 days before the trial date for permission to do so, and
(b) the judge hearing the application may make any order or give any direction that the judge considers appropriate in the circumstances.
[am. B.C. Reg. 132/2012, s. 15 (b) and (c).]
Summary of expert's evidence required in advance
(3) A party may not call an expert to give opinion evidence unless
(a) the party serves a written summary of the expert's evidence on each other party at least 30 days before the expert is called to give evidence, or
Expert's report required in advance
(4) Instead of calling an expert to give evidence, a party may introduce a report stating opinions of an expert, only if
(a) the party serves a copy of the report on each other party at least 30 days before the report is introduced, or
Expert's qualifications
(5) A statement of qualifications in an expert's report is proof that the expert has those qualifications.
Proof of signature not required
(6) A report stating opinions of an expert may be introduced in court without proof of the expert's signature.
Expert may be called for cross-examination
(7) A party receiving another party's expert report, other than a report referred to in subrule (2), may serve on the other party, at least 14 days before the trial date, a notice requiring the expert to attend the trial for cross-examination.
Cost of calling expert
(8) If a judge determines that it was unnecessary to call another party's expert or to call the person who prepares the report referred to in subrule (2), the judge may order the party who required the expert or person to attend to pay to the other party the reasonable costs associated with that expert's or person's attendance.
Judge may refer calculation of child support
(9) If the regional manager has advised the court in writing that specialized support assistance is readily available to the court, a judge may at any time during a trial refer calculation of child support to a person designated by the Attorney General to provide such assistance and require that the calculation be referred back to the judge.
[am. B.C. Reg. 132/2012, s. 6.]
Rule 12 — Applying by Notice of Motion for Orders or Directions
Applications to be made by notice of motion
(1) If a person seeks from a judge an order, direction or review referred to in subrule (5), the person must
(a) file the original and 3 copies of
(i) a notice of motion in Form 16, and
(ii) any documents in support of the motion, and
(b) at least 7 days before the date set for the hearing of the motion, serve a filed copy of the documents described in paragraph (a)
(ii) if the order sought relates to the production of a record in the possession or control of a person who is not a party, on that person, and
(iii) if the application relates to the guardianship of one or more children, on the persons referred to in section 52 of the Family Law Act.
[am. B.C. Regs. 132/2012, ss. 3 and 16 (a); 40/2013, s. 3 (a).]
When service of the notice is not required
(2) Subrule (1) (b) does not apply if
(a) the motion is for permission to use a different method of service or notice under rule 9 (7), or
Affidavit evidence may be used to support motion
(3) Subject to rule 18.1, evidence may be given in support of a motion
(a) orally on oath or affirmation, or
(b) by affidavit [see rule 13].
[am. B.C. Reg. 40/2013, s. 3 (b).]
If someone does not appear in court
(4) If a party or person served with a notice of motion under subrule (1) (b) fails to appear in court on the date and at the time and place set for hearing the motion, the judge may
(a) hear the motion in the party's or person's absence, and
(b) make any order requested in the notice of motion if the judge thinks that the circumstances justify it and that it is fair to do so in that party's or person's absence.
[am. B.C. Reg. 132/2012, s. 16 (b).]
Applications about orders, agreements and determinations of parenting coordinators
(5) This rule applies if a person is seeking from a judge
(a) an order or direction to enforce an order without seeking any changes to that order,
(b) an order or direction to change, suspend or terminate an order that was made in the person's absence or because the person failed to file a reply,
(c) an order or direction to enforce a filed agreement,
(d) an order or direction to enforce compliance with, or to change or set aside, a filed determination of a parenting coordinator,
(e) a review of a filed agreement or order respecting spousal support under the Family Law Act or support or maintenance under the Family Relations Act,
(f) an order determining whether there are arrears owing under a support order made under the Family Law Act, or under a support or maintenance order made under the Family Relations Act, and, if so, the amount of those arrears,
(g) an order under section 33 (2) of the Family Law Act for the taking of one or both of a tissue sample or a blood sample, or
(h) any other order, direction or review that, under these rules, is to be sought by a notice of motion.
[en. B.C. Reg. 132/2012, s. 16 (c).]
Requirement to file financial information
(6) A person who is seeking a review of a filed agreement or order respecting spousal support or maintenance under the Family Law Act or the Family Relations Act must
(a) complete a financial statement in Form 4, following the instructions on the financial statement, and
(b) when filing the notice of motion to seek the review, file the original and 3 copies of that financial statement and any applicable documentation described in Form 4.
[en. B.C. Reg. 132/2012, s. 16 (c).]
What form to use
(1) Unless a rule provides otherwise or a judge orders otherwise, an affidavit must be in Form 17.
Exhibits
(2) Any exhibits referred to in an affidavit must be identified and attached to the affidavit.
Affidavit evidence at trial or hearing
(3) Subject to the requirements of subrule (4), evidence may be given by affidavit at a trial or hearing only if permission is granted by a judge, either on application brought by notice of motion under rule 12 or under rule 8 (4) (g).
Affidavit must be filed and served
(4) Evidence may not be given by affidavit at a trial or hearing unless
(a) the affidavit and 3 copies of it are filed, and
(b) a filed copy of the affidavit is served on each party at least 7 days before the date of the trial or hearing or such other period as the court may order under rule 20 (2).
[Under rule 20 (2), judges may shorten or extend time periods under these rules.]
[am. B.C. Reg. 132/2012, ss. 3 and 17.]
Permission to use defective affidavit
(5) With permission of the judge presiding at the trial or hearing, an affidavit may be used in evidence even though it does not comply in form with this rule.
Consent orders
(1) If at any time in the course of proceedings the parties wish to apply for an order that the parties consent to, the parties may apply in one of the following ways:
(a) without having to appear before a judge, under subrules (1.1) to (3);
(b) in an appearance before a judge, under subrule (4).
[en. B.C. Reg. 132/2012, s.18 (a).]
Consent order without appearing in court
(1.1) The parties may apply for an order by consent without appearing before a judge by filing all of the following:
(c) a draft consent order in Form 20 containing the particulars of the order sought;
(d) one or more affidavits in support of the order.
[If the order sought is for guardianship of one or more children, see rule 18.1.]
[en. B.C. Reg. 132/2012, s.18 (a); am. B.C. Reg. 40/2013, s. 4.]
Judge may sign consent order or require parties to attend
(2) If a consent order is applied for under subrule (1.1), a clerk must place the request, draft consent order and supporting documents before a judge who may
(a) approve and sign the consent order without the parties having to attend, if the judge is satisfied that consent is given and it is appropriate that the order be made, or
(b) direct that the parties, and any other person specified by the judge, attend before the judge to explain why the order should be made.
[am. B.C. Reg. 132/2012, s. 18 (b).]
Notice of appearance if parties required to attend
(3) If the judge gives a direction under subrule (2) (b), a clerk must notify the parties and any other persons specified by the judge of the date, time and place for the court appearance.
Consent order sought before a judge
(4) The parties may seek an order by consent before a judge by providing such evidence of consent as the judge may require.
[en. B.C. Reg. 132/2012, s. 18 (c).]
Repealed
(1)-(6) Repealed. [B.C. Reg. 132/2012, s. 19.]
Rule 16 — Applying for Recognition of Extraprovincial Orders
Repealed
(1)-(2) Repealed. [B.C. Reg. 132/2012, s. 20 (b).]
Definitions
(2.1) In this rule:
"extraprovincial order" means an order of an extraprovincial tribunal that is similar in nature to an order respecting guardianship, parenting arrangements or contact with a child;
"extraprovincial tribunal" means a court or tribunal, outside British Columbia, having authority to make an extraprovincial order.
[en. B.C. Reg. 132/2012, s. 20 (b).]
How to apply for recognition of an extraprovincial order
(3) To apply to the court under section 75 of the Family Law Act for an order recognizing an extraprovincial order, a person must complete an application to recognize an extraprovincial order for guardianship, parenting arrangements or contact with a child in Form 22 and file it, together with 3 copies of it and a certified copy of the extraprovincial order.
[en. B.C. Reg. 132/2012, s. 20 (b).]
Personal service of application, not by the applicant
(4) Unless a judge grants permission to use a different method of service under rule 9 (7), the applicant under subrule (3) must have a filed copy of the application served personally on the respondent by a person who is at least 19 years of age other than the applicant.
[am. B.C. Reg. 132/2012, s. 20 (c).]
Other rules that apply
(5) The following rules apply to proceedings begun by an application under subrule (3):
(a) rule 9 [other rules about service and proving service];
(c) rule 11 [trial date and evidence];
(d) rule 12 [applying by notice of motion for orders or directions];
(g) Repealed. [B.C. Reg. 132/2012, s. 20 (e).]
(i) rule 19 [transfer of files];
[am. B.C. Reg. 132/2012, s. 20 (d) and (e).]
Rule 17 — Applying for Enforcement of Maintenance Orders under
the Family Maintenance Enforcement Act
Definitions
(1) In this rule:
"Act" means the Family Maintenance Enforcement Act;
"applicant" includes
(a) a creditor or debtor as defined in the Act,
(b) the Director of Maintenance Enforcement, if the application relates to an order that is filed with the director, and
(c) anyone else who is entitled to bring or defend an application under the Act.
[en. B.C. Reg. 132/2012, s. 21 (a).]
How to apply for a summons, warrant or garnishing order
(2) To apply to the court for issuance of any of the following under the Act, an applicant must complete a request for court enforcement under the Act in Form 23:
(a) a summons in Form 7 or a warrant under section 14 (2) of the Act;
(b) a garnishing order under section 18 of the Act;
(c) a summons to a default hearing in Form 7A to summon a debtor to a default hearing under section 19 of the Act;
(d) a summons in Form 7 or warrant of arrest for failing to report in accordance with an order under section 22 (1) (a) or (b) of the Act;
(e) a summons to a committal hearing in Form 7B to summon a debtor to a committal hearing under section 23 (1) of the Act;
(f) a warrant of execution under section 27 of the Act;
(g) a warrant for the arrest of a debtor under section 31 (a) of the Act.
[am. B.C. Regs. 103/2001, s. 1; 132/2012, s. 21 (b) to (e).]
How to apply for other orders
(3) To apply to the court for any of the following under the Act, an applicant must complete a notice of motion in maintenance enforcement proceedings in Form 24:
(a) an order respecting correspondence and searchable information under section 9 of the Act;
(b) an order extending the time for filing a statement of finances under section 13 (4) of the Act;
(c) an order requiring the debtor to file a statement of finances or prescribed documents or both under section 14 (1) (a) of the Act;
(d) an order requiring the debtor to pay an amount on failing to file a statement of finances or prescribed documents under section 14 (1) (b) of the Act;
(e) an order for payment by an attachee under section 16 (3) or 24 (6) of the Act;
(f) an order determining liability under a notice of attachment or determining a related issue under section 16 (5) of the Act;
(g) an order changing an order made under section 21 (1) or (2) of the Act;
(h) an order changing the amount exempt from attachment under an attachment order or notice of attachment;
(i) an order setting aside an attachment order made under section 24 of the Act;
(j) an order under section 26 (10) of the Act discharging or postponing the registration of a maintenance order registered against land;
(k) an order requiring an individual or authorized representative of a corporation, partnership or proprietorship to attend a default hearing or committal hearing and to file financial information under section 39 (1) of the Act;
(l) a restraining order under section 46 of the Act;
(m) an order that a corporation is jointly and separately liable with the debtor for payments required under the maintenance order under section 14.2 (2) of the Act;
(n) an order under section 29.2 (2) of the Act that the Director of Maintenance Enforcement direct the Insurance Corporation of British Columbia to disregard
(i) a notice not to issue or renew the driver's licence of a debtor, or
(ii) a notice not to issue or renew the licence and corresponding number plates for any motor vehicle or trailer owned by a debtor.
[am. B.C. Reg. 132/2012, s. 21 (b) and (f) to (h).]
Filing the form
(4) An applicant under subrule (2) or (3) must file, in the registry where the order to be enforced is filed, the original and 3 copies of
(a) the completed Form 23 or 24, and
(b) any documents listed in the form.
[am. B.C. Reg. 132/2012, s. 21 (i).]
Service of summons
(5) Unless a judge grants permission to use a different method of service under rule 9 (7), a summons (Form 7, 7A or 7B) issued in response to a request under subrule (2) and a filed copy of the request and each accompanying document must be served on the respondent at least 3 days before the date of the hearing referred to in the summons as follows:
(a) a clerk may have them served on the respondent by mail or fax or personally by a peace officer or a person who is at least 19 years of age other than the applicant;
(b) the applicant may have them served on the respondent by mail or fax or personally by a person who is at least 19 years of age other than the applicant.
[am. B.C. Regs. 103/2001, s. 2; 132/2012, s. 21 (j).]
If a respondent served with a summons does not appear
(6) If a respondent who is served with a summons issued under subrule (2) does not appear in court as required by the summons, the judge may issue a warrant for arrest in Form 8 for the arrest of the respondent.
[am. B.C. Reg. 132/2012, s. 21 (k).]
If a warrant for arrest is issued
(7) Rule 6 (11) to (15) (a) applies to a warrant issued under subrule (2) (g) or (6) of this rule.
Method of service on respondent
(8) Unless a judge grants permission to use a different method of service under rule 9 (7), an applicant under subrule (3) must have a filed copy of the notice of motion and any accompanying documents served on the respondent by mail or fax or personally by a person who is at least 19 years of age other than the applicant.
[am. B.C. Reg. 132/2012, s. 21 (j).]
Other rules about applications under subrule (3)
(9) The following rules apply to an application under subrule (3) and to proceedings that follow the issuance of a summons to a request under subrule (2):
(a) rule 8 [trial preparation conference];
(b) rule 9 [other rules about service and proving service];
(c) rule 12 (1) (b) and (2) to (4) [applying by notice of motion for orders or directions];
Effective date of order
(1) An order takes effect on the day it is made by a judge unless the judge orders otherwise.
Successful party prepares the order
(2) Subject to subrule (2.1) and unless the judge orders otherwise, if the party in whose favour an order is made is represented by a lawyer, the party's lawyer must, as soon as practicable, prepare the order.
[en. B.C. Reg. 132/2012, s. 22 (a); am. B.C. Reg. 219/2015, s. 3 (a).]
Clerk prepares protection order
(2.1) Unless the judge orders otherwise, a clerk must prepare a protection order under Part 9 of the Family Law Act.
[en. B.C. Reg. 219/2015, s. 3 (b).]
Clerk prepares the order for unrepresented party
(3) Unless the judge orders otherwise, if the party in whose favour an order is made is not represented by a lawyer, a clerk must, as soon as practicable, prepare the order in the applicable form.
Form of order
(3.1) An order must be in the following form:
(a) in Form 25, if the order is a protection order made under Part 9 of the Family Law Act;
(b) in Form 25.1, if the order is a restraining order made under section 46 of the Family Maintenance Enforcement Act;
(c) in Form 26, in any other case.
[en. B.C. Reg. 132/2012, s. 22 (b).]
Approving the form of the order
(4) Unless a judge orders otherwise, an order that is prepared by a party's lawyer and is not made by consent under section 219 of the Family Law Act must be signed as approved
(a) by the party's lawyer, and
(b) if any other party is represented by a lawyer, by the other party's lawyer.
[am. B.C. Regs. 132/2012, s. 22 (c); 122/2014, s. 3; 219/2015, s. 3 (c).]
Settling the order
(5) A party may apply by notice of motion to a judge under rule 12 to settle the terms of an order if there is a dispute about the terms.
Delivering the order to the registry
(6) After an order is signed as approved in accordance with subrule (4),
(a) it must be delivered to the registry to be signed by a judge, filed and date stamped with the registry stamp, and
(b) any document required by a judge to be filed with the order must be delivered for filing at the same time, or the order ceases to have effect.
[am. B.C. Reg. 132/2012, s. 22 (d).]
Order must be signed
(6.1) After a protection order under Part 9 of the Family Law Act is prepared under subrule (2.1), it must be signed by a judge or by a person designated by a judge for this purpose.
[en. B.C. Reg. 219/2015, s. 3 (d).]
Notice of order
(7) Unless the judge orders otherwise, after an order is signed by the judge and filed, a clerk must provide a filed copy of the order to the parties or their lawyers.
[am. B.C. Reg. 132/2012, s. 22 (d).]
Correcting the order
(8) Any judge may correct, at any time, a clerical mistake or omission in an order.
Rule 18.1 — Guardianship Orders
Guardianship affidavit required
(1) When an order is sought appointing a person as the guardian of one or more children, the applicant must
(a) complete and file with the court the original and 3 copies of an affidavit in Form 34, attaching the exhibits referred to in the affidavit, that complies with subrule (4) and serve a copy of that filed affidavit on the other parties and on any other person who may be affected by the orders sought, and
(b) provide to the judge any other evidence the judge considers necessary.
[A person who is a guardian within the meaning of section 39 of the Family Law Act does not need to apply for guardianship and does not need to file the Form 34 affidavit referred to above.]
[en. B.C. Reg. 40/2013, s. 5; am. B.C. Reg. 122/2014, s. 4 (a).]
Interim order may be made
(2) A judge may make an interim order for guardianship without an affidavit in Form 34 having been filed if the judge is satisfied that it is in the best interests of the child that an interim guardianship order be made before that affidavit is filed.
[en. B.C. Reg. 40/2013, s. 5.]
Duration of interim order
(3) An interim order under subrule (2) must expire within 90 days after the date of pronouncement unless renewed by a judge.
[en. B.C. Reg. 40/2013, s. 5.]
Affidavit required before hearing
(4) Unless a judge otherwise orders,
(a) if the order referred to in subrule (1) is being sought at a hearing, an affidavit referred to in subrule (1) must be filed and served at least 7 days before the date set for the hearing, or
(b) if the order referred to in subrule (1) is being sought without a hearing,
(i) an affidavit referred to in subrule (1) must be sworn not more than 7 days before the date on which the materials in support of the application are filed, and
(ii) the child protection records check, criminal records check and protection order records check attached as an exhibit to the affidavit must be dated not more than 60 days before the date on which the materials in support of the application are filed.
[en. B.C. Reg. 40/2013, s. 5; am. B.C. Reg. 122/2014, s. 4 (b).]
What to do if information changes
(5) Unless a judge otherwise orders, if the order referred to in subrule (1) is being sought at a hearing and there is a material change in any of the information contained in an affidavit referred to in subrule (1) between the date it is sworn and the date of the hearing, the applicant must do the following before the hearing:
(a) if the change relates to information contained in a records check attached to the affidavit,
(i) obtain a new records check to replace the one that has changed,
(ii) file an original and 3 copies of an affidavit attaching the new records check, and
(iii) serve a copy of that filed affidavit on each of the parties and on every other person who may be affected by the orders sought;
(b) if the change relates to information that is not contained in a records check attached to the affidavit,
(i) file an original and 3 copies of an affidavit describing the material change, and
(ii) serve a copy of that filed affidavit on each of the parties and on every other person who may be affected by the orders sought.
[en. B.C. Reg. 40/2013, s. 5.]
Rule 19 — Transfer of Court Files
Judge may order transfer of court files
(1) On application by notice of motion to a judge under rule 12, the judge may order that a court file be transferred to another registry.
[am. B.C. Reg. 132/2012, s. 23 (b).]
Where to make the application
(2) The transfer application must be made in the registry where the court file is located or, if the application relates to an order, or a filed agreement, referred to in rule 2 (2), the applicant must apply to a judge at the registry where the order or agreement is filed.
[am. B.C. Reg. 132/2012, s. 23 (b) and (c).]
Permission may be for one application or all purposes
(3) The application to transfer may be made for the purposes of all or any part of the proceedings.
What the judge must consider
(4) Before granting permission to transfer a court file to another registry or to file an application at another registry, the judge must consider
(a) the balance of convenience, and
(b) any special circumstances that exist.
[am. B.C. Reg. 132/2012, s. 23 (d).]
Transfer of court file by consent
(5) A clerk may transfer a court file to another registry for the purposes of all or any part of the proceedings, if the parties
(a) complete a transfer consent in Form 27, and
(b) file the consent in the registry where the court file is located.
[am. B.C. Reg. 132/2012, s. 23 (d) to (f).]
Transfer of court file without order or consent
(6) A clerk may transfer a court file to another registry, for the purposes of one application or for all purposes, if
(a) only one of the parties, other than the Director of Maintenance Enforcement, resides in British Columbia, and
(b) the party residing in British Columbia files a written request for the transfer.
[am. B.C. Reg. 132/2012, ss. 3 and 23 (d).]
Judge may adjourn trial or hearing
(1) Whether or not the parties consent, a judge may adjourn a trial or hearing to a specific date or without setting a date.
Judge may waive or vary rules
(2) A judge may, at any time,
(a) waive or modify a time limit set by these rules or by an order of the court, even after the time limit has expired,
(b) waive or modify any service, delivery or notice requirement under these rules, and
(c) permit any other means of proof instead of that required by these rules.
Order may be made without notice
(3) If a matter is urgent or special circumstances exist, a judge may make an order without a person having been served with a copy of an application, summons or notice of motion.
Changing or cancelling orders made in the absence of a party
(4) A judge may change, suspend or terminate an order made in the absence of a person, or made when the person failed to file a reply, if
(a) there is a good reason for changing, suspending or terminating the order, and
(b) that person applies by notice of motion to a judge under rule 12 within a reasonable time and attaches to the application an affidavit stating
(i) the reason the person did not file a reply or attend before the court when required,
(ii) the reason for any delay if there has been delay in filing the application, and
(iii) the facts that support the application.
[am. B.C. Reg. 132/2012, s. 24 (a) to (c).]
Notice of proceedings and adding parties
(5) A judge may, at any time, do one or more of the following:
(a) order that a person be given notice of a trial or hearing;
(b) order that a person be added as a party for purposes of a hearing or the proceedings generally;
(c) dispense with a requirement that notice of a trial or hearing be given to a person who is not a party.
Judge may order production of records
(6) On application by notice of motion to a judge under rule 12, the judge may order a person who possesses or controls a record that is relevant to the proceedings and on whom notice has been served in accordance with rule 12 (1) (b) to produce the record for inspection and copying on the date, at the time and place and in the manner the judge thinks is fair.
Copies permissible instead of originals
(7) With a judge's permission, a copy of a document may be used in court instead of the original.
Judge may give directions
(8) A judge may give directions on any procedural matter that is not provided for in these rules or an enactment.
Confidentiality of financial information
(9) A person must not disclose any information contained in a record filed under rule 4 [financial information] except to the extent necessary for the purposes of an application under the Family Law Act.
[am. B.C. Reg. 132/2012, s. 24 (d).]
Who can search court files
(10) No one is entitled to search a court file respecting an application under the Family Law Act, a filed agreement or an application under the Family Maintenance Enforcement Act except
(b) a lawyer, whether or not a lawyer of a party,
(c) a person who is named in the application as a respondent or who is named as a party to the agreement, as the case may be,
(d) a family justice counsellor,
(e) a person authorized by a judge, or
(f) a person authorized in writing by a party or a party's lawyer.
[am. B.C. Reg. 132/2012, s. 24 (d) to (h).]
If an applicant or respondent does not comply with the rules
(11) If an applicant or respondent does not comply with these rules, a judge may
(a) cancel a step taken or an order made or disregard a document filed in the course of the proceedings,
(b) order the trial or a hearing to continue as if the applicant or respondent were not present, or
(c) make any order or give any directions that the judge considers necessary and advisable in the circumstances, including an order dismissing or granting an application or counterclaim made.
Filing an agreement or parenting coordinator's determination
(12) The following may be filed:
(a) 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;
(b) a copy of a determination by a parenting coordinator referred to in section 18 of the Family Law Act.
[en. B.C. Reg. 132/2012, s. 24 (i).]
Practice directions
(13) The chief judge of the court may issue practice directions consistent with these rules and their purpose.
Repealed
(14) Repealed. [B.C. Reg. 132/2012, s. 24 (j).]
Judge may require notice
(15) If a judge has
(a) made an order under Rule 6 (3) (i) or 7 (4) (c) requiring parties to participate in mediation with the assistance of a family justice counsellor, or
(b) adjourned a case under Rule 6 (5) to enable the parties to participate in mediation with the assistance of a family justice counsellor,
the judge may require the parties to obtain from the family justice counsellor written notice indicating
(c) whether the family justice counsellor determined mediation was appropriate in the circumstances, and
(d) whether the parties were able to resolve some or all of the issues in the case through mediation.
[en. B.C. Reg. 122/2014, s. 5.]
Rule 21 — Parenting after Separation Program
Definitions
(1) In this rule:
"Certificate of Attendance" means a certificate issued on behalf of the Ministry of Attorney General attesting that the person named has attended at a Parenting after Separation Program;
"designated registry" means the following registries: Abbotsford, Campbell River, Chilliwack, Courtenay, Kamloops, Kelowna, Nanaimo, New Westminster, North Vancouver, Penticton, Port Coquitlam, Prince George, Richmond, Vancouver (Robson Square) and Vernon;
"party" includes a respondent who has not yet filed a reply within the time allowed under rule 3;
"program" means a Parenting after Separation Program operated by the Family Justice Services Division of the Ministry of Attorney General;
"program administrator" means a person employed by the minister to review exemption requests made under subrule (6).
[en. B.C. Reg. 102/2001, s. 3; am. B.C. Regs. 159/2003, s. 3; 96/2006, s. 1 (a); 270/2010, s. 1; 111/2012, s. 1 (a); 27/2013, Sch. 2, s. 8; 99/2018, Sch. 2, s. 11; 61/2019, s. 3; 236/2020, Sch. 1, s. 6.]
Purpose
(2) The purpose of this rule is to promote the best interests of children by providing a program to persons in dispute over issues respecting children.
[en. B.C. Reg. 102/2001, s. 3; am. B.C. Reg. 111/2012, s. 1 (b).]
This rule applies in designated registries
(3) Subject to the exceptions set out in subrule (4), this rule applies to the following applications if the application is filed in a designated registry or the court file for the proceeding is transferred under rule 19 to a designated registry:
(a) for guardianship, parenting arrangements or contact with a child;
(c) to change, suspend or terminate an order for anything listed in paragraph (a) or (b);
(d) to set aside or replace a filed agreement for anything listed in paragraph (a) or (b).
[en. B.C. Reg. 102/2001, s. 3; am. B.C. Reg. 132/2012, ss. 6 and 25 (a).]
Parties in some cases need not attend
(4) None of the parties need attend a program if one of the parties files a parenting after separation exemption request in Form 31 and
(a) a consent order is filed that resolves all issues involving children,
(b) a director under the Child, Family and Community Services Act is a party,
(c) the application is for child support only and a party has assigned child support rights to the government under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act,
(d) the application is made under the Interjurisdictional Support Orders Act, or
(e) one or both of the parties is seeking 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.
[en. B.C. Reg. 102/2001, s. 3; am. B.C. Regs. 159/2003, s. 3; 96/2006, s. 1 (b); 111/2012, s. 1 (c); 132/2012, ss. 6 and 25 (b).]
A party who has already attended
(5) Unless the court otherwise orders, a party need not attend a program if that party files a parenting after separation exemption request in Form 31 stating that the party has attended and completed a program in the 24 months immediately preceding the date of filing the request.
[en. B.C. Reg. 111/2012, s. 1 (d).]
A party who is unable to attend the program
(6) A program administrator may exempt a party from attending a program if the party provides to the program administrator a parenting after separation exemption request in Form 31 that states one of the following reasons:
(a) the party is not fluent in a language in which a program is offered;
(b) the party resides in a community where a program is not offered and the party has no electronic access to a program;
(c) the party is incapable of attending due to a serious medical condition.
[en. B.C. Reg. 111/2012, s. 1 (d).]
Judge may grant exemption or deferral
(7) On application a judge may dispense with or defer the application of this rule to one or more parties if
(a) a party has applied for an order under Part 9 of the Family Law Act, or
(b) the judge is satisfied that urgent and exceptional circumstances exist requiring a judge to hear the matter at the earliest opportunity.
[en. B.C. Reg. 102/2001, s. 3; am. B.C. Reg. 132/2012, s. 25 (c).]
One party must attend program before date set
(8) Subject to subrules (4), (5), (6) and (7), a date for a first court appearance will not be set until either the applicant or respondent files a Certificate of Attendance.
[en. B.C. Reg. 102/2001, s. 3; am. B.C. Reg. 132/2012, s. 7.]
Both parties must attend program before court appearance
(9) If this rule applies, but subject to subrules (4), (5), (6) and (7), both the applicant and respondent must attend a program and must file a Certificate of Attendance on or before the date of the first court appearance.
[en. B.C. Reg. 102/2001, s. 3; am. B.C. Regs. 111/2012, s. 1 (e); 132/2012, s. 7.]
Definitions
(1) In this rule:
"electronic document" means a document that has been transmitted for filing electronically;
"electronic services agreement" means an agreement referred to in subrule (3);
"registered user" means a person who has entered into an electronic services agreement.
[en. B.C. Reg. 132/2012, s. 26.]
This rule applies in event of conflict
(2) In the event of a conflict between this rule and another rule, this rule applies.
[en. B.C. Reg. 132/2012, s. 26.]
Electronic services agreement
(3) A person wishing to file documents in a registry under this rule must
(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
(b) submit documents for filing in accordance with that agreement.
[en. B.C. Reg. 132/2012, s. 26; am. B.C. Reg. 99/2018, Sch. 2, s. 12.]
Means of transmission
(4) A registered user may electronically transmit a document to a registry for filing if the document is not one referred to in subrule (5).
[en. B.C. Reg. 132/2012, s. 26.]
Application of this rule
(5) The following documents may not be transmitted for filing electronically:
(a) a summons to a default hearing in Form 7A;
(b) a summons to a committal hearing in Form 7B;
(c) a certificate of service in Form 14;
(d) an application to recognize an extraprovincial order for guardianship, parenting arrangements or contact in Form 22;
(e) a request for court enforcement under the Family Maintenance Enforcement Act in Form 23.
[en. B.C. Reg. 132/2012, s. 26.]
Affidavits and other signed documents
(6) An affidavit or other signed document that is being filed for evidentiary purposes, if submitted for filing electronically, must clearly identify the signatory and must be accompanied by a statement, in Form 33, of the lawyer acting for the person on whose behalf the document is submitted for filing or, if that person is unrepresented, by a statement of that person, in Form 33, indicating that
(a) the original paper version of the document appears to bear an original signature of the person identified as the signatory and the person making the Form 33 statement has no reason to believe that the signature placed on the document is not the signature of the identified signatory, and
(b) the version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and the person making the Form 33 statement has no reason to believe that it is not a true copy of the original paper version.
[en. B.C. Reg. 132/2012, s. 26.]
Retention of documents
(7) A person who, under subrule (6), submits a document for filing electronically under these rules must
(a) keep the original paper version of the document until the earliest of
(i) the date on which the proceeding, including any appeals, is finally disposed of,
(ii) the date on which the appeal period for the proceeding has expired if no notice of appeal respecting the proceeding has been filed within that period, and
(iii) the date on which a judge orders that the original paper version be filed, and
(b) if a request is made under paragraph (a) (iii), file the original paper version promptly after that request is made.
[en. B.C. Reg. 132/2012, s. 26.]
Conversion of documents
(8) If a document in paper form is filed, a clerk of the registry in which the document was filed may convert the document into electronic form and, in that event, the clerk must
(a) store the conversion in a computer or in another electronic system that the clerk considers appropriate, and
(b) retain the paper form of the document.
[en. B.C. Reg. 132/2012, s. 26.]
Inspection of original documents
(9) A person who submits a document referred to in subrule (6) for filing electronically must, on request, make the original paper version of that document available for inspection by other parties or their lawyers and by the court.
[en. B.C. Reg. 132/2012, s. 26.]
Notice of motion
(10) A person who is entitled to inspect a document under subrule (9) may, if that inspection is denied, apply by notice of motion to a judge under rule 12 for an order that the original paper version of the document be filed.
[en. B.C. Reg. 132/2012, s. 26.]
Application of rule 13
(11) Rule 13 continues to apply to affidavits filed under this rule, but, in the event of a conflict between this rule and rule 13 in respect of those affidavits, this rule prevails.
[en. B.C. Reg. 132/2012, s. 26.]
Electronic authentication deemed a signature
(12) For the purposes of these rules other than subrule (6) of this rule, a document is deemed to have been originally signed if it has been electronically authenticated in the manner contemplated by the applicable electronic services agreement.
[en. B.C. Reg. 132/2012, s. 26.]
Filing of documents
(13) If a document that has been transmitted for filing electronically is accepted for filing by a clerk, the document is deemed to have been filed as follows:
(a) if the document is received by the registry at or before 4 p.m. on a day that is not a Saturday or a holiday, the document is deemed to be filed on the day of receipt;
(b) if the document is received by the registry on a Saturday or holiday or after 4 p.m. on any other day, the document is deemed to be filed on the next day that is not a Saturday or a holiday.
[en. B.C. Reg. 132/2012, s. 26.]
Electronic acceptance
(14) After a document that has been transmitted for filing electronically is accepted for filing by a clerk, the clerk must affix an electronic version of the registry stamp to the document and, after that, must provide a copy of the stamped electronic document, in the manner contemplated by the electronic services agreement, to the person who transmitted the document for filing.
[en. B.C. Reg. 132/2012, s. 26.]
Public access to documents filed electronically
(15) After a document has been filed under this rule, a person who is otherwise entitled to view and obtain a copy of the document may
(a) obtain from the registry a paper copy of the document,
(b) if a public access computer terminal is available in the registry, view the document on that terminal or, if the document is not available for viewing on that terminal, view on that terminal the information about the document or its contents, if any, that is available on that terminal, or
(c) if the person is a registered user, access the document in accordance with the terms of the electronic services agreement entered into by that person.
[en. B.C. Reg. 132/2012, s. 26.]
Service of documents
(16) A document that may or must be served on a person may, if it is an electronic document, be served on the person in a manner contemplated by rule 9 or as follows:
(a) if the person has provided an e-mail address for service, by e-mailing it to that person's e-mail address for service;
(b) if the lawyer for the person has provided an e-mail address for service, by e-mailing it to that lawyer's e-mail address for service;
(c) if paragraph (a) or (b) applies and, under these rules, multiple copies of the document are to be served, the serving party need serve only a single electronic copy of the document.
[en. B.C. Reg. 132/2012, s. 26.]
If document does not reach a person
(17) Even though a document has been served in accordance with subrule (16), a person may show, on an application to set aside the consequences of default, on an application for an extension of time or on an application in support of a request for an adjournment, that the document
(a) did not come to the person's notice,
(b) did come to the person's notice later than when it was served or effectively served, or
(c) was incomplete or illegible.
[en. B.C. Reg. 132/2012, s. 26.]
[am. B.C. Reg. 61/2019, s. 4.]
General Forms
[en. B.C. Reg. 132/2012, s. 27.]
APPLICATION TO OBTAIN AN ORDER
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
Filed by:
Name ............................................................................................... Date of birth ...........................
(APPLICANT)
(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.)
Address for service.......................................................................................................
City .......................................... Province .................... Postal Code .................................
Phone ................................... Fax ........................E-mail ......................................................................
Notice to:
Name ............................................................................................... Date of birth ......................
(RESPONDENT)
Address for service .......................................................................................................
City ........................Province .................... Postal Code .................................
Phone ................................... Fax ........................
IMPORTANT NOTES TO RESPONDENT:
If this application contains a claim for support, you are required to file financial information with your reply. If you do not, the court may attribute income to you and set the amount of support to be paid. The applicant has estimated your gross annual income as set out in item 3 below.
If you fail to file a reply within 30 days after being served with this application, you will not receive notice of any part of the proceeding and the court may make an order against you.
I am applying for:
[ ] guardianship
[ ] allocation of parental responsibilities
[ ] parenting time
[ ] contact with a child
[ ] child support
[ ] spousal support
[ ] a protection order
[ ] other order (specify)...............................................................................................................
1 — Orders and agreements
Are there any court orders or written agreements between the parties concerning separation, guardianship, parenting arrangements, contact with a child or support?
| [ ] No orders | [ ] I am attaching copies of all orders |
| [ ] No written agreements | [ ] I am attaching copies of all written agreements |
2 — Children
| Name(s) of child(ren) | Birthdate(s) |
My relationship to the child(ren) is .............................................................................
The respondent's relationship to the child(ren) is .........................................................
The present arrangements for guardianship, parenting arrangements or contact with a child are: ........................................................................................................................................................................................................................
........................................................................................................................................................................................................................
(Complete the following if you are asking for guardianship, parenting arrangements or contact with a child.) I am asking for guardianship, parenting arrangements or contact with a child as follows: ........................................................................................................................................................................................................................
........................................................................................................................................................................................................................
3 — Support (Complete if you are asking for child or spousal support.)
The current support arrangements are:
......................................................................................................................................................................
I believe that the respondent's gross annual income is $................... because ..............................................
......................................................................................................................................................................
......................................................................................................................................................................
I am asking for: (Complete only if you are asking for child support.)
[ ] support in the amount set out in the Child Support Guidelines for ..........[number]......... children
[ ] special or extraordinary expenses, as follows:
....................................................................................................................................
....................................................................................................................................
I am asking for: (Complete only if you are asking for retroactive child support or retroactive spousal support.)
[ ] child support retroactive to ..........[mmm/dd/yyyy]......... because ..................................................
[ ] spousal support retroactive to ..........[mmm/dd/yyyy]......... because ..............................................
Information for Applicant and Respondent
You must complete Form 4, following the instructions on that form, if:
• there is a claim for spousal support,
OR
• there is a claim for child support and one or more of the following applies:
• you are the person being asked to pay;
• the claim is for an amount other than the amount set out in the tables of the Child Support Guidelines, including a claim under section 8, 9 or 10 of the Child Support Guidelines;
• there is a claim under section 7 [special or extraordinary expenses] of the Child Support Guidelines;
• one or more of the children for whom support is claimed is 19 years of age or older;
• the person who is being asked to pay is a stepparent, or a guardian who is not a parent, of one or more of the children for whom support is claimed.
You may also provide this financial information before receiving the respondent's reply, in order to avoid delay, if you believe that the income of a respondent from whom child support is claimed is over $150 000 per year or that the respondent will claim undue hardship, special or extraordinary expenses or make a counterclaim for support.
4 — Protection Orders (Complete if you are asking for a protection order.)
I am asking for an order in the following terms:.............................................................................................................................................
| Dated ..........[mmm/dd/yyyy]........... | Signature .................................................................. | |
| ................................................................................ | ||
| Name of applicant's lawyer |
If the applicant in this proceeding 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.
| Dated ..........[mmm/dd/yyyy]........... | .................................................................................. | ||
| Signature of lawyer | |||
| ...........................[type or print name].......................... |
[en. B.C. Reg. 132/2012, s. 27; am. B.C. Reg. 122/2014, s. 6.]
APPLICATION RESPECTING EXISTING ORDERS OR AGREEMENTS
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
Filed by:
Name .................................................................................. Date of birth ...........................
(APPLICANT)
(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.)
Address for service.......................................................................................................
City .......................................... Province .................... Postal Code .................................
Phone ................................... Fax ........................E-mail ......................................................................
Notice to:
Name ....................................................................................Date of birth ......................
(RESPONDENT)
Address for service ....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
and to:
| [ ] Director of Maintenance Enforcement | [ ] Minister under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act |
IMPORTANT NOTE:
If this claim involves an order for support, you may be required to file financial information. If you do not, the court may attribute income to you and set the amount of support to be paid.
IMPORTANT NOTE TO RESPONDENT: If you fail to file a reply within 30 days after being served with this application, you will not receive notice of any part of the proceeding and the court may make an order against you.
[ ] I ask that the attached order dated ......[mmm/dd/yyyy]...... be changed to the following:....................
Or
[ ] I ask that the attached order dated ......[mmm/dd/yyyy]...... be suspended.
Or
[ ] I ask that the attached order dated ......[mmm/dd/yyyy]...... be terminated.
Or
[ ] I ask that arrears of support be reduced or cancelled as follows: ...........................................................
Or
[ ] I ask that the attached agreement dated ......[mmm/dd/yyyy]...... be set aside in whole or in part.
Or
[ ] I ask that the attached agreement dated ......[mmm/dd/yyyy]...... be replaced.
Or
[ ] I ask for an order under section 19 (2) of the Interjurisdictional Support Orders Act to set aside the registration of a foreign order under that Act.
Or
[ ] I ask for an order under section 35 of the Interjurisdictional Support Orders Act to vary a support order registered in British Columbia.
The reasons for my application are as follows:
..........................................................................................................................................................................................................................................................
..........................................................................................................................................................................................................................................................
| Dated ..........[mmm/dd/yyyy]........... | Signature .................................................................. | |
| ................................................................................ | ||
| Name of applicant's lawyer |
If the applicant in this proceeding 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.
| Dated ..........[mmm/dd/yyyy]........... | .................................................................................. | ||
| Signature of lawyer | |||
| ...........................[type or print name].......................... |
[en. B.C. Reg. 132/2012, s. 27.]
REPLY
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
To:
Name ...................................................................................................................................
(APPLICANT)
Address for service.......................................................................................................
City .......................................... Province .................... Postal Code .................................
Phone ................................... Fax ........................E-mail ......................................................................
From:
Name ...............................................................................................................................
(RESPONDENT)
(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.)
Address for service.......................................................................................................
City .......................................... Province .................... Postal Code .................................
Phone ................................... Fax ........................E-mail ......................................................................
IMPORTANT NOTE TO APPLICANT:
If the respondent's reply includes a claim for support, you, the original applicant, are required to file financial information. If you do not, the court may attribute income to you and set the amount of support to be paid. The respondent has estimated your gross annual income as set out in item 2 below.
Agreement with application:
I agree with the request(s) of the applicant for:
[ ] guardianship
[ ] allocation of parental responsibilities
[ ] parenting time
[ ] contact with a child
[ ] child support
[ ] spousal support
[ ] a change in or suspension or termination of an earlier order dated .....[mmm/dd/yyyy].......
[ ] an order to set aside or replace an agreement dated .....[mmm/dd/yyyy].......
[ ] an order that arrears of support be reduced or cancelled
[ ] an order for retroactive support
[ ] a protection order
[ ] other order (specify) ...................................................................................................
I wish to make the following comments regarding the request(s) even though I agree:
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
Disagreement with application:
I disagree with the request(s) of the applicant for:
[ ] guardianship
[ ] allocation of parental responsibilities
[ ] parenting time
[ ] contact with a child
[ ] child support
[ ] spousal support
[ ] a change in or suspension or termination of an earlier order dated .....[mmm/dd/yyyy].......
[ ] an order to set aside or replace an agreement dated .....[mmm/dd/yyyy].......
[ ] an order that arrears of support be reduced or cancelled
[ ] an order for retroactive support
[ ] a protection order
[ ] other order (specify) ...................................................................................................
I disagree because:
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
Counterclaim (Respondent's own application)
I wish to make application for the following:
[ ] guardianship
[ ] allocation of parental responsibilities
[ ] parenting time
[ ] contact with a child
[ ] child support
[ ] spousal support
[ ] a change in or suspension or termination of an earlier order dated .....[mmm/dd/yyyy].......
[ ] an order to set aside or replace an agreement dated .....[mmm/dd/yyyy].......
[ ] an order that arrears of support be reduced or cancelled
[ ] an order for retroactive support
[ ] a protection order
[ ] other order (specify) ...................................................................................................
1 — Children
| Name(s) of child(ren) | Birthdate(s) |
2 — Support (Complete if you are asking for child or spousal support.)
The current support arrangements are: ........................................................................................................ .....................................................................................................................................................................
I believe that the applicant's gross annual income is $................... because..............................................
......................................................................................................................................................................
......................................................................................................................................................................
I am asking for: (Complete only if you are asking for child support.)
[ ] support in the amount set out in the Child Support Guidelines for ....... [number]...... children
[ ] special or extraordinary expenses, as follows:
...................................................................................................................................................... ......................................................................................................................................................
I am asking for: (Complete only if you are asking for retroactive child support or retroactive spousal support.)
[ ] child support retroactive to ....... [mmm/dd/yyyy]...... because .......................................................
[ ] spousal support retroactive to ....... [mmm/dd/yyyy]...... because ...................................................
3 — Protection Orders (Complete if you are asking for a protection order.)
I am asking for an order in the following terms: .............................................................................................................................................
Dated ......[mmm/dd/yyyy]...... Signature ..................................................................
.........................................................................
Name of respondent's lawyer
If the respondent in this proceeding 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.
| Dated ..........[mmm/dd/yyyy]........... | .................................................................................. | ||
| Signature of lawyer | |||
| ...........................[type or print name].......................... |
[am. B.C. Regs. 159/2003, s. 5; 132/2012, s. 28.]
FINANCIAL STATEMENT
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
I, ........................................[name]....................................................... ,
(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.)
Address for service .......................................................................................................
City ........................Province .................... Postal Code .................................
Phone ................................... Fax ........................E-mail ....................................................
swear or affirm that:
1 The information set out in this financial statement is true, to the best of my knowledge.
2 I have made complete disclosure in this financial statement of (check applicable boxes)
[ ] my income, including benefits and adjustments, if any, in Part 1,
[ ] my expenses, in Part 2,
[ ] my assets and debts, in Part 3.
3 [ ] I do not anticipate any significant changes in the information set out in this financial statement.
Or
[ ] I anticipate the following significant changes in the information set out in this financial statement: ............................................................................................................................................
| SWORN OR AFFIRMED BEFORE ME | ) | |
| at ..........[city etc.].........., British Columbia | ) | |
| on ......[mmm/dd/yyyy]...... | ) | ......................................................................... |
..................................................................
A commissioner for taking affidavits
for British Columbia
For the purposes of this form:
includes assistance within the meaning of the Employment and Assistance Act and the Employment and Assistance for Persons with Disabilities Act;
"support" includes maintenance.
PART 1 INCOME
You must complete Part 1 if:
(a) there is a claim, either by you or against you, for spousal support, or
(b) there is a claim, either by you or against you, for child support and you are required by the Child Support Guidelines to provide income information.
1 I am
[ ] employed as ................................... [describe occupation] ....................................................
by ....................................... [name and address of employer] ...................................................
[ ] self-employed ...................... [name and address of business] ................................................
[ ] unemployed since ......[mmm/dd/yyyy]......
2 I am paid
[ ] every 2 weeks [ ] twice a month [ ] monthly
[ ] other (specify) .........................................................................................................................
3 I have attached a copy of each of the applicable documents to my financial statement [check applicable boxes]
[ ] every personal income tax return I have filed for each of the three most recent taxation years, together with any attachments
[ ] every income tax notice of assessment or reassessment I have received for each of the three most recent taxation years
[ ] (if you are an employee) my most recent statement of earnings indicating the total earnings paid in the year to date, including overtime, or where such a statement is not provided by my employer, a letter from my employer setting out that information, including my rate of annual salary or remuneration
[ ] (if you are receiving Employment Insurance benefits) my three most recent EIC benefit statements
[ ] (if you are receiving Workers' Compensation benefits) my three most recent WCB benefit statements
[ ] (if you are receiving Social Assistance) a statement confirming the amount that I receive
[ ] (if you are self-employed) for the three most recent taxation years
(i) the financial statements of my business or professional practice, other than a partnership, and
(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom I do not deal at arm's length
[ ] (if you are a partner in a partnership) confirmation of my income and draw from, and capital in, the partnership for its three most recent taxation years
[ ] (if you control a corporation) for its three most recent taxation years
(i) the financial statements of the corporation and its subsidiaries, and
(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation and every related corporation does not deal at arm's length, and
[ ] (if you are a beneficiary under a trust) the trust settlement agreement and the trust's three most recent financial statements.
ANNUAL INCOME
If line 150 (total income) of your most recent federal income tax return sets out what you expect your income to be for this year, skip to total income (line A) and record the amount from line 150 on line A. Otherwise, record what you expect your income for this year to be from each source of income that applies to you. Record gross annual amounts unless otherwise stated.
| 1 | Employment income (include wages, salaries, commissions, bonuses, tips and overtime) | $___ |
| 2 | Other employment income | + $___ |
| 3 | Pension income (include CPP, Old Age Security, disability, superannuation and other pensions) | + $___ |
| 4 | Employment insurance benefits | + $___ |
| 5 | Taxable dividends from Canadian corporations | + $___ |
| 6 | Interest and other investment income | + $___ |
| 7 | Net partnership income: limited or non-active partners only | + $___ |
| 8 | Rental income Gross $ ____Net | + $___ |
| 9 | Taxable capital gains | + $___ |
| 10 | Child support | |
| (a) Total amount for children from another relationship or marriage a. $___* | ||
| (b) Total amount for children from this relationship or marriage b. $___* | ||
| (c) Taxable amount for children from another relationship or marriage | c. + $___ | |
| (d) Taxable amount for children from this relationship or marriage | d. + $___ | |
| 11 | Spousal support | |
| (a) From another relationship or marriage | a. + $___ | |
| (b) From this relationship or marriage | b. + $___ | |
| 12 | Registered retirement savings plan income | + $___ |
| 13 | Other income (include any taxable income that is not included on lines 1 to 17) | + $___ |
| 14 | Net self-employment income (include business, professional, commission, fishing and farming income) | + $___ |
| 15 | Workers' compensation benefits | + $___ |
| 16 | Total social assistance payments | + $___ |
| 17 | Net federal supplements | + $___ |
| A | Total income: | A = $___ |
(*do not add these items into the total at A)
TOTAL BENEFITS
List all allowances and amounts received and all non-monetary benefits from all sources, that are not included in total income [line A]. You do not have to include here any Child Tax Benefit or BC Family Bonus that you receive for your children.
| B | Total benefits: | B = $.......... |
ADJUSTMENTS TO INCOME
You must complete this section if:
(a) there is a claim, either by you or against you, for spousal support, or
(b) there is a claim, either by you or against you, for child support and you are required by the Child Support Guidelines to provide income information.
| Deductions from Income: | |||
| 1 | Taxable amount of child support I receive | $___ | |
| 2 | Spousal support I receive from the other party | + $___ | |
| 3 | Union and professional dues | + $___ | |
| 4 | Other employment expenses (Refer to Schedule III of the Child Support Guidelines) Specify: | + $___ | |
| 5 | Social assistance I receive for other members of my household and included in my total income | + $___ | |
| 6 | Dividends from taxable Canadian corporations | ||
| (a) Taxable amount of dividends | a. $___ | ||
| subtract (b) Actual amount of dividends | − b. $___ | ||
| Excess portion of dividends (a−b) | = $___ | + $___ | |
| 7 | Actual business investment losses during the year | + $___ | |
| 8 | Carrying charges and interest expenses paid and deductible under the Income Tax Act (Canada) | + $___ | |
| 9 | Prior period earnings | ||
| (a) If net self-employment income included in total income includes an amount earned in a prior period, the amount earned in the prior period | a. $___ | ||
| subtract (b) Reserves | − b. $___ | ||
| Prior period earnings (a−b) | = $___ | + $___ | |
| 10 | Portion of partnership and sole proprietorship income required to be reinvested | + $___ | |
| C | Total deductions from income: | C = $___ | |
Additions to Income:
| 1 | Capital gains | ||
| (a) Actual capital gains | a. $___ | ||
| subtract (b) Actual capital losses | − b. $___ | ||
| subtract (c) Taxable capital gains | − c. $___ | ||
| Total capital gains (a−b−c) | = $___ | $___ | |
| (If amount is zero or less than zero, record "0" on this line) | |||
| 2 | Payments to family members and other non-arm's length persons | ||
| (a) Salaries, benefits, wages or other payments to family members or other non-arm's length persons, deducted from self-employment income | a. $___ | ||
| subtract (b) Portion of payments necessary to earn self-employment income | − b. $___ | ||
| Non arm's length payments (a−b) | = $___ | + $___ | |
| 3 | Allowable capital cost allowance for real property | + $___ | |
| 4 | Employee stock options in Canadian-controlled private corporations exercised (If some or all of the shares are disposed of in the same year you exercise the option, do not include those shares in the calculation) | ||
| (a) Value of shares when options are exercised | a. $___ | ||
| subtract (b) Amount paid for shares | − b. $___ | ||
| subtract (c) Amount paid to acquire option to purchase shares | − c. $___ | ||
| Value of employee stock options (a−b−c) | = $___ | + $___ | |
| D | Total additions to income: | D = $___ | |
| OTHER ADJUSTMENTS TO INCOME — Spousal Support Complete this section only if there is a claim, either by you or against you, for spousal support. | |||
| 1 | Total child support I receive | $___ | |
| 2 | Social assistance I receive for other members of my household | + $___ | |
| 3 | Child Tax Benefit | + $___ | |
| 4 | BC Family Bonus | + $___ | |
| E | Total other adjustments: | E = $___ | |
INCOME SUMMARY
Annual Income for a Child Support Claim
| Total income [from line A] | $___ | |
| subtract | Total deductions from income [from line C] | − $___ |
| add | Total additions to income [from line D] | + $___ |
| Annual income to be used for a Child Support Table amount | = $___ | |
| add | Spousal support received from the other party (if any) | + $___ |
| subtract | Spousal support paid to the other party (if any) | − $___ |
| Annual income to be used for a special or extraordinary expenses claim | = $___ | |
| Annual Income for a Spousal Support Claim | ||
| Total income [from line A] | $___ | |
| subtract | Total deductions from income [from line C] | − $___ |
| add | Total additions to income [from line D] | + $___ |
| add | Total other adjustments [from line E] | + $___ |
| Annual income to be used for a spousal support claim | = $___ | |
| Total Benefits [from line B] | $___ | |
PART 2 EXPENSES
You do not have to complete Part 2 if the only support claimed is child support in the amount set out in the Child Support Tables and all children for whom support is claimed are under the age of majority (19 years in B.C.)
ANNUAL EXPENSES
Estimate your annual expenses:
| Compulsory deductions | Personal | |||
| CPP contributions | $___ | Clothing | $___ | |
| Employment insurance premiums | $___ | Hair care | $___ | |
| Income taxes | $___ | Toiletries, cosmetics | $___ | |
| Employee pension contributions to a Registered Pension Plan | $___ | Education (specify) | $___ | |
| Life insurance | $___ | |||
| Other (specify) | $___ | Dry cleaning/laundry | $___ | |
| Housing | Entertainment, recreation | $___ | ||
| Rent or mortgage | $___ | Alcohol, tobacco | $___ | |
| Property taxes | $___ | Gifts | $___ | |
| Homeowner's/Tenant's insurance | $___ | Other (specify) | $___ | |
| Water, sewer and garbage | $___ | Childrena | ||
| Strata fees | $___ | Child care | $___ | |
| House repairs and maintenance | $___ | Clothing | $___ | |
| Other (specify) | $___ | Hair care | $___ | |
| Utilities | School fees and supplies | $___ | ||
| Heat | $___ | Entertainment, recreation | $___ | |
| Electricity | $___ | Activities, lessons | $___ | |
| Telephone | $___ | Gifts | $___ | |
| Cable TV | $___ | Insurance | $___ | |
| Other (specify) | $___ | Other (specify) | $___ | |
| Household expenses | Savings for the future | |||
| Food | $___ | RRSP | $___ | |
| Household supplies | $___ | RESP | $___ | |
| Meals outside the home | $___ | Other (specify) | $___ | |
| Furnishings and equipment | $___ | Support payments to others | ||
| Other (specify) | $___ | (specify)b | ||
| Transportation | ||||
| Public transit, taxis | $___ | |||
| Gas and oil | $___ | Debt payments | ||
| Car insurance and licence | $___ | (specify) | ||
| Parking | $___ | |||
| Repairs and maintenance | $___ | |||
| Lease payments | $___ | |||
| Other (specify) | $___ | Other | ||
| Healtha | Charitable donations | $___ | ||
| MSP premiums | $___ | Vacation | $___ | |
| Extended health plan premiums | $___ | Pet care | $___ | |
| Dental plan premiums | $___ | Newspapers, publications | $___ | |
| Health care (net of coverage) | $___ | Reserve for income tax | $___ | |
| Drugs (net of coverage) | $___ | |||
| Dental care (net of coverage) | $___ | |||
| Other (specify) | $___ | F Total expenses | F = $___ |
| a. | If you claim child support and special or extraordinary expenses, you must also complete Schedule 1. |
| b. | List only the names of those for whom support is not claimed in this application. Indicate whether the payments are tax deductible to you and whether you make the payments under a court order or agreement. |
PART 3 ASSETS AND DEBTS
You do not have to complete Part 3 if the only support claimed is child support in the amount set out in the Child Support Tables and all children for whom support is claimed are under the age of majority (19 years in B.C.).
| Assets | |
| Real estate equity...................................................... | $___ |
| Market value: $___ | |
| Mortgage balance: $___ | |
| Cars, boats, vehicles................................................. | + $___ |
| Make and year:........................................................ | |
| Market value: $___ | |
| Loan balance: $___ | |
| Pension plans............................................................ | + $___ |
| Other property.......................................................... | + $___ |
| Bank or other account (include RRSPs)..................... | + $___ |
| Stocks and bonds...................................................... | + $___ |
| Life insurance (cash surrender value)....................... | + $___ |
| Money owing to me................................................... | + $___ |
| Name of debtor......................................................... | |
| Other....................................................................... (attach list if necessary) | + $___ |
| G Asset value total................................................. | G = $___ |
| Annual debt payments | |
| Credit card.............................................................. | $___ |
| Balance owing: $___ | |
| Date of last payment:................................................. | |
| Reason for borrowing:............................................... | |
| Bank or finance company....................................... (do not include amount owing on mortgage) | + $___ |
| Balance owing: $___ | |
| Date of last payment:................................................. | |
| Reason for borrowing:............................................... | |
| Department store................................................... | + $___ |
| Balance owing: $___ | |
| Date of last payment:................................................. | |
| Reason for borrowing:............................................... | |
| Other (attach list if necessary) | + $___ |
| Balance owing: $___ | |
| Date of last payment:................................................. | |
| Reason for borrowing:............................................... | |
| H Debt payment total.......................................... | H = $___ |
SCHEDULE 1 — SPECIAL OR EXTRAORDINARY EXPENSES
Complete if you claim special or extraordinary expenses as part of a child support claim.
| Name of child: | ||||
| Child care expenses | Gross Net* $....... $....... | Gross Net* $....... $....... | Gross Net* $....... $....... | Gross Net* $....... $....... |
| Medical/dental insurance premiums attributable to child | $....... | $....... | $....... | $....... |
| Health related expenses (over $100) | Gross Net* $....... $....... | Gross Net* $....... $....... | Gross Net* $....... $....... | Gross Net* $....... $....... |
| Extraordinary expenses for primary or secondary school | $....... | $....... | $....... | $....... |
| Post secondary education expenses | Gross Net* $....... $....... | Gross Net* $....... $....... | Gross Net* $....... $....... | Gross Net* $....... $....... |
| Extraordinary extracurricular expenses | $....... | $....... | $....... | $....... |
| Subtractcontributions from child |  $....... | $....... | $....... | $....... |
| Total | $....... | $....... | $....... | $....... |
| *. | To calculate the net amount, subtract from the gross amount subsidies, benefits, income tax deductions or credits related to the expense. Give details below. |
SCHEDULE 2 — UNDUE HARDSHIP
Complete if you plead undue hardship in respect of a child support claim.
| Responsibility for unusually high debts reasonably incurred to support the family prior to separation or to earn a living: | |||
| Owed to: | Terms of debt: | Monthly amount $___ $___ | |
| Unusually high expenses for exercising parenting time or contact with a child: | |||
| Details of expense: | Monthly amount $___ | ||
| Legal duty under a court order or separation agreement to support another person: | |||
| Name of person: | Relationship: | Nature of duty: | Monthly amount $___ $___ |
| Legal duty to support a child, other than a child for whom support is claimed in this application: | |||
| Name of person: | Relationship: | Nature of duty: | Monthly amount $___ $___ |
| Legal duty to support a person who is unable to support himself or herself because of illness or disability: | |||
| Name of person: | Relationship: | Nature of duty: | Monthly amount $___ $___ |
| Other undue hardship circumstances: | |||
| Details of other undue hardship circumstances: | Monthly amount $___ | ||
SCHEDULE 3 — INCOME OF OTHER PERSONS IN HOUSEHOLD
| Complete this section if there is an undue hardship claim | |||
| Other person's name: | Annual income $___ $___ $___ $___ | ||
Form 5 (Rules 2 (5) and 9 (10) (b) )
AFFIDAVIT OF PERSONAL SERVICE
Court File No. ..............................
Court Location ..............................
In the Provincial Court of British Columbia
I swear or affirm that I, ......................[name]..........................., ..........................[occupation].................... of ................[address]......................... personally served ......................[name of person served]..................... on ......[mmm/dd/yyyy]...... at ...................................................[address].......................................................... with a copy of the following document(s): (Make sure a copy of each document is attached and marked with the correct exhibit letter.)
Exhibit "A": [name of document] ....................................................................................................................
Exhibit "B": [etc.] .......................................................................................................................................
| The party served was identified to me in this manner: | [ ] I know the person. | |
| [ ] He/She admitted to being this person. | ||
| [ ] Other (specify) ................................................ |
| SWORN OR AFFIRMED BEFORE ME | ) | |
| at ..........[city etc.].........., British Columbia | ) | |
| on ......[mmm/dd/yyyy]...... | ) | ......................................................................... |
.........................................................................
A commissioner for taking affidavits
for British Columbia
[en. B.C. Reg. 219/2015, s. 4.]
AFFIDAVIT OF PERSONAL SERVICE OF PROTECTION ORDER
Court File No. ..............................
Court Location ..............................
In the Provincial Court of British Columbia
I swear or affirm that I, ......................[name]..........................., ..........................[occupation].................... of ................[address]......................... personally served ......................[name of person served]..................... on ......[mmm/dd/yyyy]...... at ...................................................[address].......................................................... with a copy of the attached protection order made under Part 9 of the Family Law Act, marked as Exhibit "A".
| The party served was identified to me in this manner: | [ ] I know the person. | |
| [ ] He/She admitted to being this person. | ||
| [ ] Other (specify) ................................................ |
| SWORN OR AFFIRMED BEFORE ME | ) | |
| at ..........[city etc.].........., British Columbia | ) | |
| on ......[mmm/dd/yyyy]...... | ) | ......................................................................... |
.........................................................................
A commissioner for taking affidavits
for British Columbia
Form 6 (Rules 5 (5) and 6 (7) )
[am. B.C. Reg. 132/2012, ss. 6 and 29.]
REFERRAL REQUEST
Court File No. ..............................
Court Location ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
Confirmation of attendance with family justice counsellor
The applicant/respondent met with a family justice counsellor, as required under the Provincial Court (Family) Rules.
| Dated ....................[mmm/dd/yyyy].................... | ................................................................................. | |
| Family justice counsellor |
Statement of referral results by applicant/respondent
I, ........................................................................................................, [ ] applicant [ ] respondent
ask for a referral to a judge.
Complete the following:
I [ ] met with a family justice counsellor but did not seek referral to any person, program or service
[ ] enrolled in and completed a Parenting After Separation Program
[ ] attended with a person designated by the Attorney General to provide specialized support assistance
[ ] attended with a family justice counsellor for the purposes of pursuing dispute resolution
[ ] attended with a family dispute resolution professional
[ ] other (attach a separate sheet if necessary) ......................................................................................
The following issues have been resolved: .....................................................................................................
...................................................................................................................................................................
...................................................................................................................................................................
The following issues have yet to be resolved: ................................................................................................
....................................................................................................................................................................
....................................................................................................................................................................
| Dated ......[mmm/dd/yyyy]...... | ................................................................................. | |
| Signature of applicant/respondent |
Form 7 (Rules 6 (4) (e) and (10) (f) and 17 (5) )
[am. B.C. Reg. 132/2012, s. 30.]
SUMMONS
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
To:
Name ............................................................................................................................... (RESPONDENT)
Address ..................................................................................................... City ...........................................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
............................................................ has applied for an order under the Family Law Act or the Family Maintenance Enforcement Act. The application is attached.
You have:
[ ] failed to file a reply as required under the Provincial Court (Family) Rules, or
[ ] failed to appear in court as directed by a judge.
You must appear before a judge of the Provincial Court, to respond to the application, on .......[mmm/dd/yyyy]...... at ..........[time]..........a.m./p.m. at .....................................[court location].............
If you do not appear the Court may make an order in your absence or may issue a warrant for your arrest.
| Dated ......[mmm/dd/yyyy]...... | ........................................................................................................................................................................ | ||||
| By the Court or a clerk on behalf of ............................... [name of judge].................................................. | |||||
[en. B.C. Reg. 103/2001, s. 3; am. B.C. Reg. 132/2012, s. 6.]
SUMMONS TO A DEFAULT HEARING
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
To:
Name ........................................................................................................................................ (DEBTOR)
Address .................................................................................................................... City ...........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
Because you have defaulted in payment under a support order, ...............[name].............. has applied for an order under the Family Maintenance Enforcement Act.
A statement of arrears is attached.
You must appear before a Judge of the Provincial Court on .....................[mmm/dd/yyyy]...... at .....[time].....a.m./p.m. at ......................................[court location].................... to show cause why the support order should not be enforced.
If you do not appear the Court may make an order in your absence or may issue a warrant for your arrest.
| Dated ......[mmm/dd/yyyy]...... .................... | ..... ................................................................................. Judge or Justice of the Peace in and for the Province of British Columbia |
[en. B.C. Reg. 103/2001, s. 3.]
SUMMONS TO A COMMITTAL HEARING
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
To:
Name ........................................................................................................................................ (DEBTOR)
Address .................................................................................................................... City ...........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
Because you the Debtor have not obeyed the Court's order as set out in the attached Statement, you are ordered to appear at a Court hearing to give reason why you should not be imprisoned for disobeying the Court's order.
You must attend the Provincial Court of British Columbia on ......[mmm/dd/yyyy]...... at .....[time].....a.m./p.m. at ....................[court location]....................
If you do not attend the committal hearing you may be arrested and brought to the Court.
| Dated ......[mmm/dd/yyyy]...... ................ | ..... ................................................................................. Judge or Justice of the Peace in and for the Province of British Columbia |
Form 8 (Rules 6 (10) (g) and (15) (a), 10 (6) and 17 (6) )
[am. B.C. Regs. 132/2012, s. 31; 219/2015, s. 5.]
WARRANT FOR ARREST
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
To all police officers in British Columbia:
This court orders you to arrest ......................................................[name]......................................................
.........................................................................[address]..............................................................................
and bring that person before a justice/judge 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 summons served on the person
[ ] as ordered by the Court in the presence of the person
[ ] as specified on a release
[ ] as required by a subpoena
[ ] other reason (specify): ................................................................................................
| Dated ......[mmm/dd/yyyy]...... | .................................................................................................................................................................................................... | |
| by the Court or clerk on behalf of ................................... [name of justice/judge].............................................. | ||
Form 9 (Rules 6 (13) and 10 (9) (a) )
RELEASE
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
I promise to attend the Provincial Court at ....................................[court location]......................... on ......[mmm/dd/yyyy]...... at ..........[time]..........a.m./p.m.
My name, address, phone number and fax number as shown below on this release form are correct. I understand that, if I do not attend court on the above-stated date and time, the judge may issue a warrant for my arrest.
Name ............................................................................................................................................................
Address ..................................................................................................... City ...........................................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
| ......................................................................... | ........................................................................ | |
| Signature of person being released | by the Court |
Dated ......[mmm/dd/yyyy]...... at ...................................................., British Columbia
Form 10 (Rule 9 (1) (a) (iii) )
FAX COVER PAGE
Court File No. ..............................
Court Location ..............................
In the Provincial Court of British Columbia
To: ...........................[name of party to be served or party's solicitor]............................... Fax No. .........................
From: .........................[name and fax number from which document was transmitted]..............................................
Name and telephone number of person to contact
in the event of transmission problems: ..........................................................................................................
List or provide a brief description of the document(s): ..................................................................................
......................................................................................................................................................................
Date faxed: ......[mmm/dd/yyyy]......
This fax constitutes service to you under the Provincial Court (Family) Rules.
You will not be served in any other way.
[am. B.C. Reg. 132/2012, s. 32.]
NOTICE OF CHANGE OF ADDRESS
Court File No. ..............................
Court Location ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
I, .......................................[name]....................................................... wish to notify the court and the other parties that my address for service is now changed to:
(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.)
Address .......................................................................................................
City .......................................... Province ................ Postal Code ........................
Phone ........................... Fax ........................ E-mail ......................................................................
The change is effective as of ......[mmm/dd/yyyy]......
| Dated ......[mmm/dd/yyyy]...... | ................................................................................. | |
| Party [or party's solicitor] |
Provincial Court (Family) Rule 9 (5) provides that:
If a party's address for service changes, the party must promptly file a notice of change of address in Form 11 and serve a copy of the notice on the other parties.
NOTICE BY ADVERTISEMENT
Court File No. ..............................
Court Location ..............................
In the Provincial Court of British Columbia
To ................[name of person to be served]................:
...........................[name of applicant]......................... is applying to the Provincial Court for an order ......................................... [general description of order(s) sought].................................................
The Court has ordered that the application [or name the other document to be served by advertisement] be served on you by way of this advertisement.
To respond to the application you must:
[option 1] file a reply form within 30 days (or other time period specified by the court) in the court registry at .....................[address of court].....................
[option 2] appear in court at .....................[address of court]..................... on .........[date and time application will be heard]..........
If you do not respond, the Court may make an order in your absence.
You may obtain forms or view documents in your case at the court registry at the above address. Refer to court file number .....[court file number]...... .
[am. B.C. Reg. 132/2012, s. 33.]
AFFIDAVIT OF SERVICE
Court File No. ..............................
Court Location ..............................
In the Provincial Court of British Columbia
I swear or affirm that I, ......................[name]..........................., ..........................[occupation].................... of ...................[address].................................. served ..........................[name of person served]...................... on ......[mmm/dd/yyyy]...... at ...............................................[address]....................................................... with a copy of the following document(s): (Make sure a copy of each document is attached and marked with the correct exhibit letter.)
Exhibit "A": [name of document] ....................................................................................................................
Exhibit "B": [etc.] .......................................................................................................................................
| The party was served in this manner: | [ ] Fax (attach a copy of Form 10) | |
| [ ] By substituted service as ordered by the court |
| SWORN OR AFFIRMED BEFORE ME | ) | |
| at ..........[city etc.].........., British Columbia | ) | |
| on ......[mmm/dd/yyyy]...... | ) | ......................................................................... |
.........................................................................
A commissioner for taking affidavits
for British Columbia
CERTIFICATE OF SERVICE
I certify that I, .....................[name]..........................., ............................[occupation].................... of ...................[address]...................................... served ...............[name of person served].............. on ......[mmm/dd/yyyy]...... at .....................................................[address].................................................... with a copy of:
(List each document served, and indicate whether a copy of the document is attached and marked as an exhibit or is on the back of this certificate of service. Make sure each attached document is marked with the correct exhibit letter.)
by leaving the copy with him or her personally. (Note: only a peace officer can use a certificate to prove personal service).
| Dated ......[mmm/dd/yyyy]...... | ................................................................................. | |
| Signature |
SUBPOENA
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
To:
Name ....................................................................................................................................... (WITNESS)
Address ..................................................................................................... City ...........................................
Province ........................................... Postal Code ................................. Phone ...........................................
You have been subpoenaed as a witness by ......................................[name].................................... and must appear in court on ......[mmm/dd/yyyy]...... at ..........[time]..........a.m./p.m. 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 if it would be a hardship for you to attend court, you may apply to a judge at least 2 full days before the court date to cancel the subpoena.
[ ] The amount of $..................... is attached for use as travelling expenses to enable you to come to the court.
[ ] Money for travelling expenses was offered but declined.
| Dated ......[mmm/dd/yyyy]...... | ................................................................................. | |
| Signature of person issuing subpoena |
[en. B.C. Reg. 132/2012, s. 34.]
NOTICE OF MOTION
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
Filed by:
Name ............................................................................................................................................................
(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.)
Address for service ........................................................................................................
City ...................................... Province .................... Postal Code .................................
Phone ................................... Fax ............................ E-mail .........................................
Notice to:
Name ............................................................................................................................................................
Address for service .......................................................................................................
City ........................Province .................... Postal Code .................................
Phone ................................... Fax ........................
I, ..........................[name of person making application]................, will apply to this court at ....................................[court location]................................... on ......[mmm/dd/yyyy]......at ..........[time]..........a.m./p.m. for:
[ ] An order shortening or extending a time limit set out in the Provincial Court (Family) Rules
[ ] An interim order under section 216 or 217 of the Family Law Act
[ ] An order changing, suspending or terminating the attached order made in my absence
[ ] An order settling the terms of an order made ......[mmm/dd/yyyy].............
[ ] An order that a person not remove, or that a person be allowed to remove, a child from a geographical area
[ ] An order to prohibit the relocation of a child
[ ] An order for blood or tissue samples, for parentage tests, to be taken from .... [name(s)].............
[ ] An order for service of .................[identify document(s)].................. by ....[method of service]...........
[ ] An order for access to information under section 242 of the Family Law Act
[ ] An order for information to be disclosed by .....................[name]................
[ ] An order transferring this file to the court registry at: ..................................................................
[ ] Directions on a procedural matter
[ ] An order changing or setting aside the determination of a parenting coordinator dated .......[mmm/dd/yyyy]...............
[ ] An order to enforce
[ ] the order made .......[mmm/dd/yyyy]...........................
[ ] the agreement dated .......[mmm/dd/yyyy]...................
[ ] compliance with the determination of a parenting coordinator dated .....[mmm/dd/yyyy]......
[ ] A review of a filed agreement or order respecting spousal support or maintenance under the Family Law Act or the Family Relations Act
[ ] An order determining whether there are arrears owing under a support order made under the Family Law Act or under a support or maintenance order made under the Family Relations Act and, if so, the amount of those arrears
[ ] Other order (specify) .....................................................................................................................
Details of order(s) requested:
......................................................................................................................................................................
......................................................................................................................................................................
NOTICE: If you do not appear, the Court may make an order in your absence.
[ ] Any affidavits in support of this notice of motion are attached.
| Dated ......[mmm/dd/yyyy]...... | Signature .................................................................. |
.........................................................................
Name of lawyer of party bringing the motion
AFFIDAVIT
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
I, ..............................................[name]............................................, ....................[occupation]...................., of .......................................[address]............................................. swear or affirm that:
I know or believe the following facts to be true. If these facts are based on information from others, I believe that information to be true.
I make this affidavit in relation to an application* by ..............................[name]................................. for .......................................................................................................................................................
[ ] I am making the application* OR [ ] I am responding to the application*
OR I am ..............................................................................................................................................
.............................................................................................................................................................
.............................................................................................................................................................
.............................................................................................................................................................
.............................................................................................................................................................
.............................................................................................................................................................
| SWORN OR AFFIRMED BEFORE ME | ) | |
| at ..........[city etc.].........., British Columbia | ) | |
| on ......[mmm/dd/yyyy]...... | ) | ......................................................................... |
.........................................................................
A commissioner for taking affidavits
for British Columbia
(*"Application" also includes a notice of motion.)
[am. B.C. Reg. 132/2012, s. 35.]
REQUEST
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
Required:
[ ] Desk Consent Order — Draft order and supporting material attached
| Dated .......[mmm/dd/yyyy]...... | ................................................................................. | |
| at ..............[city]..........., British Columbia | Name of requesting party |
FOR THE USE OF THE COURT:
[ ] I direct that the parties attend before a judge to explain why this order should be made.
| Dated ......[mmm/dd/yyyy]...... | ................................................................................. | |
| by the Court |
Form 19 (Rules 4 (3) and 14 (1.1) (b) )
[am. B.C. Reg. 132/2012, s. 36.]
CONSENT
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
To a judge of the Provincial Court of British Columbia:
WE AGREE as follows:
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
WE CONSENT to an order as follows:
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
NOTE TO THE PARTIES: You may seek independent legal advice prior to signing this Consent.
Approved and consented to:
| ......................................................................... | ........................................................................ | |
| Applicant | Witness | |
| Date ......[mmm/dd/yyyy]...... | Date ......[mmm/dd/yyyy]...... | |
........................................................................ | ........................................................................ | |
| Respondent | Witness | |
| Date ......[mmm/dd/yyyy]...... | Date ......[mmm/dd/yyyy]...... |
[am. B.C. Regs. 132/2012, s. 37; 122/2014, s. 7.]
CONSENT ORDER
Court File No. ..............................
Court Location ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
| BEFORE THE HONOURABLE JUDGE | ) | .............day, the .............. day |
| ) | of ........................., ....[yyyy].... | |
| ) |
On the application of ...................................[name].....................................
[ ] without a hearing
[ ] after a hearing at .......................[Court location]..................... on ......[mmm/dd/yyyy]......
| Persons appearing: | ........................................................ | Lawyer: ............................................................. |
| ......................................................... | Lawyer: ............................................................. |
(For guardianship, parenting arrangements, contact with a child and child support orders, include the following):
On the court being advised that the name and birthdate of each child is:
| Name(s) of child(ren) | Birthdate(s) of child(ren) | ||
| mmm | dd | yyyy | |
(if applicable) On the court also being advised that ................................[name].................................... and ...........................[name].................................. is/are guardian(s) of the child/children named above/ ..................[name(s) of child/children and date(s) of birth if this list is different than the list above]...................... .
(if applicable) THIS COURT ORDERS THAT:
(specify terms of orders for guardianship, parenting arrangements or contact with a child).
(For child support orders, include the following):
The ..............[name].................... (payor) having been found to be a resident of ..............[province or country if outside Canada]................. and to have an annual income of $.................. [ ] (if applicable) as agreed to by the parties.
(if applicable) The ................[name]............ (recipient) having been found to be a resident of ..............[province or country if outside Canada].................) and to have an annual income of $.................... [ ] (if applicable) as agreed to by the parties.
(For child support orders in the child support table amount include the following):
THIS COURT ORDERS THAT:
pursuant to the Family Law Act and the .........[province]........ Child Support Table, ............[name]..................... (payor) must pay to .................[name].................. (recipient) the sum of $.................... per month for the support of the child(ren) ....................................[name(s) and birthdate(s) of child(ren)]............................., payable on the .............. day of each month, commencing ......[mmm/dd/yyyy]...... and continuing for so long as the child is a child as defined in the Family Law Act.
(For child support orders in other amounts)
(If applicable) THIS COURT ORDERS THAT:
(specify other terms of the order):
| Consented to: | ||
| ................................................................. Signature of party or lawyer | ||
| ........................................................................ Signature of party or lawyer | ................................................................................. by the Court | |
Repealed. [B.C. Reg. 132/2012, s. 38.]
[en. B.C. Reg. 132/2012, s. 39.]
APPLICATION TO RECOGNIZE AN EXTRAPROVINCIAL ORDER FOR
GUARDIANSHIP, PARENTING ARRANGEMENTS OR CONTACT
Court File No. ..............................
Court Location ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
Filed by:
Name ..............................................................................................................
(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.)
Address .....................................................................................................
City ........................................... Province .................... Postal Code .................................
Phone ........................................ Fax ............................ E-mail ..................................................................
Notice to:
Name .........................................................................................................
Address .......................................................................................................
City ........................................... Province .................... Postal Code .................................
Phone ................................... Fax ........................
I am asking for recognition of an order of an extraprovincial tribunal made on ......[mmm/dd/yyyy]...... at ...............................[court location]..................................... respecting guardianship, parenting arrangements or contact with a child or an order that is similar in nature.
A certified copy of the order is attached.
| Dated ......[mmm/dd/yyyy]...... | Signature .................................................................. | |
| ......................................................................... Applicant's lawyer |
[am. B.C. Reg. 132/2012, ss. 6 and 40.]
REQUEST FOR COURT ENFORCEMENT
UNDER THE FAMILY MAINTENANCE ENFORCEMENT ACT
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
Filed by:
Name .............................................................................................................. (APPLICANT/CREDITOR)
Address ..................................................................................................... City ...........................................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
Notice to:
Name .............................................................................................................. (RESPONDENT/DEBTOR)
Address ..................................................................................................... City ...........................................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
An order* was made on ......[mmm/dd/yyyy]...... at ...............................[court location]..................................... and [ ] a copy of the order is attached
[ ] requiring the debtor to pay support
[ ] requiring the attachee to comply with attachment order/notice of attachment
[ ] requiring the debtor to pay arrears
[ ] requiring the debtor to report by filing a statement of income and expenses
[ ] requiring the debtor to provide a statement of finances or other prescribed document.
In connection with this order, I request:
[ ] a summons requiring the debtor to provide a statement of finances or other prescribed document.
[ ] a summons requiring the debtor to attend a default hearing. An affidavit of arrears or statement of arrears is attached.
[ ] a summons requiring the attachee to attend a default hearing. An affidavit of arrears or statement of arrears is attached.
[ ] a summons requiring the debtor to attend a committal hearing. An affidavit of arrears or statement of arrears is attached.
[ ] a summons requiring the debtor to appear in court for failing to comply with the attached order to file a statement of income and expenses. A supporting affidavit is attached.
[ ] a summons requiring the debtor to appear in court for failing to comply with the attached order to file a statement of finances or other prescribed document. A supporting affidavit is attached.
[ ] a garnishing order. A completed garnishing order form and supporting affidavit are attached.
[ ] a warrant of execution against the debtor's goods. A completed warrant of execution form and supporting affidavit are attached.
[ ] a warrant for arrest of the debtor for failing to comply with the attached order to file a statement of finances, a statement of income and expenses (reporting order) or other prescribed document. A supporting affidavit is attached.
[ ] a warrant for the arrest of the debtor, who is about to leave British Columbia.
| Dated ......[mmm/dd/yyyy]...... | Signature .................................................................. | |
| ......................................................................... Creditor/Creditor's lawyer |
(*"Order" includes a filed agreement.)
[am. B.C. Reg. 132/2012, ss. 6 and 41.]
NOTICE OF MOTION IN MAINTENANCE ENFORCEMENT PROCEEDINGS
Court File No. ..............................
Court Location ..............................
F.M.E.P. File No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
Filed by:
Name ................................................................................................................................... (APPLICANT)
Address for service....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
Notice to:
Name ............................................................................................................................... (RESPONDENT)
Address for service ....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
I will apply to this Court at .....................................[court location]....................................... on ......[mmm/dd/yyyy]...... at ..........[time]..........a.m./p.m. for:
[ ] an order for access to information, as follows: .....................................................................................
[ ] an order extending the time for filing a statement of finances.
[ ] an order requiring the debtor to file a statement of finances or prescribed documents.
[ ] an order requiring the debtor to pay an amount on failing to file a statement of finances or prescribed documents.
[ ] an order for payment by an attachee.
[ ] an order determining liability under a notice of attachment or determining a related issue.
[ ] an order changing the attached order dated ......[mmm/dd/yyyy]...... .
[ ] an order changing the amount exempt from attachment.
[ ] an order setting aside an attachment order or notice of attachment.
[ ] an order discharging or postponing the registration of a support order registered against land.
[ ] an order requiring .....................................[name].................................. to attend a default hearing or a committal hearing before the Court and to file with the Court, by a date specified by the Court, financial information, financial statements or other prescribed documents under section 39 of the Family Maintenance Enforcement Act.
[ ] a restraining order, under section 46 of the Family Maintenance Enforcement Act.
[ ] an order that a corporation is jointly and separately liable with the debtor for payments required under the support order under section 14.2 (2) of the Family Maintenance Enforcement Act.
[ ] an order under section 29.2 (2) of the Family Maintenance Enforcement Act that the Director of Maintenance Enforcement direct the Insurance Corporation of British Columbia to disregard a notice not to issue or renew the driver's licence of a debtor or a notice not to issue or renew the licence and corresponding number plates for any motor vehicle or trailer owned by a debtor.
[ ] another order (specify) ................................................................................................................
NOTICE: If you do not appear, the Court may make an order in your absence.
[ ] Any affidavits in support of this notice of motion are attached.
| Dated ......[mmm/dd/yyyy]...... | Signature .................................................................. | |
| ......................................................................... Party/Party's lawyer |
[en. B.C. Reg. 132/2012, s. 42.]
PROTECTION ORDER
Court File No. ..............................
Court Location ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
| BEFORE THE HONOURABLE JUDGE | ) | .............day, the .............. day |
| ) | of ........................., ....[yyyy].... | |
| ) |
| Persons appearing: | ........................................................ | Lawyer: ............................................................. |
| ........................................................ | Lawyer: ............................................................. |
[ ] By Consent [ ] Without notice to others
(if applicable) [ ] After a hearing at .............[court location].............. the order dated ......[mmm/dd/yyyy]...... is changed as stated below:
(Select one or more of the 10 following provisions, as applicable, complete the selected provision(s) and remove the provisions(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 183 of the Family Law Act, that........[full name and date of birth of person restrained]............................... is restrained from directly or indirectly communicating with or contacting.........................[set out full name(s) of protected person(s)]..................................................
THIS COURT ORDERS, under section 183 of the Family Law Act, that........[full name and date of birth of person restrained]...... is restrained from attending at, nearing or entering .........................[set out place(s) where person is not to attend]................................................. .
THIS COURT ORDERS, under section 183 of the Family Law Act, that........[full name and date of birth of person restrained]...... is restrained from following.........................[set out full name(s) of protected person(s)]................................................. .
THIS COURT ORDERS, under section 183 of the Family Law Act, that........[full name and date of birth of person restrained]...... is restrained from possessing a weapon or firearm.
THIS COURT ORDERS, under section 183 of the Family Law Act, that........[full name and date of birth of person restrained]...... must not communicate with .........................[set out full name(s) of protected person(s)]............. other than as follows: .................[specify]................... .
THIS COURT ORDERS, under section 183 of the Family Law 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 that any police officer, including any R.C.M.P. officer having jurisdiction in the province of British Columbia, who is provided with a copy of this order is directed to remove ........[full name and date of birth of person restrained]...... from ...............[location]..................... immediately [or within a specified period of time].
THIS COURT ORDERS that any police officer, including any R.C.M.P. officer having jurisdiction in the province of British Columbia, who is provided with a copy of this order is directed to accompany ........[full name and date of birth of person]...... to ................[location]..................... as soon as practicable [or within a specified period of time] to supervise the removal of his/her personal belongings.
THIS COURT ORDERS that any police officer, including any R.C.M.P. officer having jurisdiction in the province of British Columbia, who is provided with a copy of this order is directed to seize from ........[full name and date of birth of person from whom seizure is to be made]...... any weapons or firearms and related documents.
THIS COURT ORDERS that this order expires on ........[mmm/dd/yyyy].......... .
(Add any further terms of protection order.)
| Checked by | ||
Dated ......[mmm/dd/yyyy]...... | .................................................................. by the Court | ................. Initials |
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 warrant in accordance with section 495 of the Criminal Code.
AND TAKE NOTICE THAT if no expiry date is ordered in relation to this order, this order expires one year after the date it is made.
Form 25.1 (Rule 18 (2.1) (b) )
[en. B.C. Reg. 132/2012, s. 43.]
RESTRAINING ORDER UNDER FAMILY MAINTENANCE ENFORCEMENT ACT
Court File No. ..............................
Court Location ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
| BEFORE THE HONOURABLE JUDGE | ) | .............day, the .............. day |
| ) | of ........................., ....[yyyy].... | |
| ) |
| Persons appearing: | ........................................................ | Lawyer: ............................................................. |
| ........................................................ | Lawyer: ............................................................. |
[ ] By Consent [ ] Without notice to others
THIS COURT ORDERS THAT:
pursuant to section 46 (1) (a) of the Family Maintenance Enforcement Act, ................[name(s) of party(ies)]....... is restrained from molesting, annoying, harassing or communicating with, or attempting to molest, annoy, harass or communicate with, .................................[name(s)].................................;
Further details of restraining order:
...................................................................................................................................................................... ...................................................................................................................................................................... ......................................................................................................................................................................
(Complete if applicable.) [ ] Order to expire on.............[mmm/dd/yyyy]..............
| Checked by | ||
Dated ......[mmm/dd/yyyy]...... | .................................................................. by the Court | ................. Initials |
TAKE NOTICE THAT any police officer, including any R.C.M.P. officer having jurisdiction in the province of British Columbia, who finds the party ..............[name(s) of party(ies)]..................................... breaching any of the terms of this restraining order may immediately arrest that party without warrant in accordance with section 495 of the Criminal Code.
[am. B.C. Reg. 132/2012, s. 44.]
ORDER
Court File No. ..............................
Court Location ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
| BEFORE THE HONOURABLE JUDGE | ) | .............day, the .............. day |
| ) | of ........................., ....[yyyy].... | |
| ) |
THIS MATTER coming on for hearing at .............[court location].............. on .....[mmm/dd/yyyy]......
| Persons appearing: | ........................................................ | Lawyer: ............................................................. |
| ........................................................ | Lawyer: ............................................................. |
[ ] Interim Order [ ] Final Order [ ] By Consent [ ] Without notice to others
THIS COURT ORDERS:
THIS COURT FURTHER ORDERS:
Approved (if applicable)
| ................................................................. Lawyer's signature | ||
| ........................................................................ Lawyer's signature | ................................................................................. by the Court |
[am. B.C. Reg. 132/2012, s. 45.]
TRANSFER CONSENT
Court File No. ..............................
Court Location ..............................
F.M.E.P. File No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
We agree to the court file being transferred to the Provincial Court at ..........................[court location]............................
[ ] for the purpose of having an application for ...................................................... heard at that location, or
[ ] for all purposes.
Dated .......[mmm/dd/yyyy]...... Signature of party......................................................
(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.)
Address .....................................................................................................
City ...........................................Province .................... Postal Code .................................
Phone ................................... Fax ........................ E-mail ............................................................................
Dated .......[mmm/dd/yyyy]...... Signature of party......................................................
(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.)
Address .....................................................................................................
City ...........................................Province .................... Postal Code .................................
Phone ................................... Fax ........................ E-mail ............................................................................
Repealed. [B.C. Reg. 132/2012, s. 46.]
(not enacted)
[en. B.C. Reg. 102/2001, s. 4; am. B.C. Regs. 159/2003, s. 6; 96/2006, s. 2; 270/2010, s. 2; 111/2012, s. 2; 132/2012, s. 47; 122/2014, s. 8.]
PARENTING AFTER SEPARATION
EXEMPTION REQUEST
Court File No. ..............................
Name .................................................................................. Tick one: [ ] Applicant [ ] Respondent
Address .................................................................................................................... City ...........................
Province .............. Postal Code ...................... Telephone .......................... Message Phone ........................
When am I not required to attend a Parenting after Separation (PAS) session?
In some situations, you are not required to attend a Parenting After Separation (PAS) session. This form describes those situations. Read through the form now. If you tick off any of boxes 1 to 5, file the Exemption Form with the court now. Note that more than one box may apply.
The requirement to attend a Parenting after Separation (PAS) session does not apply to me because:
| 1 | [ ] | I attended PAS in the last 24 months at: |
| .......................[Location]..................................... .................[Date (approximately)]................. |
Dated ......[mmm/dd/yyyy]...... ..................[Signature of person requesting exemption].....................
| 2 | [ ] | A Consent Order under section 219 of the Family Law Act is filed for this application. (In these cases the requirement does not apply to either the applicant or the respondent.) |
| 3 | [ ] | This application is for child support only and the person who has rights to child support receives assistance under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act and has assigned those rights to the government. (In these cases the requirement does not apply to either the applicant or the respondent.) |
| 4 | [ ] | The Ministry for Children and Families is one of the parties. (The 'Director' is defined by the Child, Family and Community Service Act.) (In these cases the requirement does not apply to either the applicant or the respondent.) |
| 5 | [ ] | This application is for a matter related to the Interjurisdictional Support Orders Act. (In these cases the requirement does not apply to either the applicant or the respondent.) |
| 5.1 | [ ] | This application is for a matter related to the Convention on the Civil Aspects of International Child Abduction signed at The Hague on October 25, 1980. (In these cases the requirement does not apply to either the applicant or the respondent.) |
PLEASE TURN THIS FORM OVER TO SEE
WHAT OTHER EXEMPTIONS MAY APPLY TO YOUR CASE
OTHER REASONS
If you tick off any of boxes 6 to 8 below, your request for an exemption must be approved by the Program Administrator. You should hear from the Program Administrator within 5 working days of sending in this form. Be sure to fill out the contact information at the beginning of this form because the Program Administrator might need to contact you for more information about your request.
| 6 | [ ] | There is no PAS session in my community. [ ] I have no electronic access to PAS. I live in community .................[name of community]..................... . |
| 7 | [ ] | I am not fluent in English. I am fluent in this (or these) language(s): |
| .......................................................................................................................................................................... | ||
| Note that the Program Administrator may require parties to complete online PAS if it is offered in a language in which the parties are fluent. | ||
| 8 | [ ] | I am incapable of attending due to a serious medical condition. Please explain: ............................................................. |
| ......................................................................................................................................................................... | ||
| ........................................................................................................................................................................... | ||
Dated ......[mmm/dd/yyyy]...... ..................[Signature of person requesting exemption]................................................
Remember, if you tick any one of boxes 6 to 8, you must have this form reviewed by the Program Administrator. Mail this Exemption Form to the PAS Program Administrator at ....................................... or fax this Exemption Form to the PAS Program Administrator at (....)............................................
The Program Administrator should contact you within 5 working days of receiving this form with a decision and will also file this form with the ................................. Provincial Court Registry.
Remember to include a telephone number where the Program Administrator can contact you to get more information about your request.
FOR USE OF PROGRAM ADMINISTRATOR (PA) ONLY
| [ ] | ..................[Name of person applying for exemption]............................... is required to attend online PAS in English or ..........................[Name of language]............................ and file a Certificate of Completion. |
| [ ] | approved — .............................................[Name of person applying for exemption].................... is exempted from the requirement to attend a PAS session. |
| [ ] | not approved — .................................................[Name of person applying for exemption].................... must attend a PAS session. |
Dated ......[mmm/dd/yyyy]...... ..................[Signature of Program Administrator].....................
PARENTING AFTER SEPARATION PROGRAM
NOTICE OF REQUIREMENT AND EXEMPTION FORM
For Applicants. If you are:
| — | applying for an order for guardianship, parenting arrangements or contact with a child or a child support order in the Abbotsford, Campbell River, Chilliwack, Courtenay, Kamloops, Kelowna, Nanaimo, New Westminster, North Vancouver, Penticton, Port Coquitlam, Prince George, Richmond, Surrey, Vancouver (Robson Square), Vernon or Victoria registry of the Provincial Court, or |
| — | applying to change, suspend or terminate an existing order for guardianship, parenting arrangements or contact with a child or a child support order in these courts, |
the court requires you to attend a Parenting after Separation (PAS) session before you appear in court.
For Respondents. If you are named as the other party (respondent):
| — | in an application in the Abbotsford, Campbell River, Chilliwack, Courtenay, Kamloops, Kelowna, Nanaimo, New Westminster, North Vancouver, Penticton, Port Coquitlam, Prince George, Richmond, Surrey, Vancouver (Robson Square), Vernon or Victoria registry of the Provincial Court, and |
| — | you wish to appear in court to respond to this application, |
the court requires you to attend a Parenting after Separation (PAS) session before you appear in court.
Also, check the information in the package of court documents you receive to see what other steps you have to take if you wish to respond to an application.
Attending a PAS Session:
Register for a PAS session. The PAS brochure in this package tells you who to contact for PAS sessions in your area. Attend the session and receive a Certificate of Attendance. File the Certificate of Attendance at the court registry.
When this requirement may not apply:
In some situations you may not be required to attend a PAS session (be exempt). Look at the Exemption Form now to see if you are exempt. Sometimes one or both parties are automatically exempt. These situations are listed on the front page of the form. The reasons listed on the back page of the form apply only if you receive permission from the PAS Program Administrator to be exempt from attending.
If your situation is urgent, for example: you are concerned about your safety or the safety of your children, be sure to tell staff at the Provincial Court Registry or the Family Justice Centre or your lawyer. Other exemptions might apply to you.
IMPORTANT NOTE
A first court appearance cannot be set until one of the parties (applicant or respondent) files a Certificate of Attendance or shows that he or she did not have to attend. Both parties must file a certificate before they appear in court or show that they are exempt.
[en. B.C. Reg. 111/2012, s. 3; am. B.C. Reg. 99/2018, Sch. 2, s. 13.]
[en. B.C. Reg. 132/2012, s. 48.]
ELECTRONIC FILING STATEMENT
Court File No. ..............................
Court Location ..............................
F.M.E.P. File No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
(Check whichever one of the following boxes is correct and complete the required information.)
[ ] I, .................[name]....................., am the lawyer acting for .......................[name(s) of party(ies)]......................................... .
[ ] I, .................[name]....................., am not represented by a lawyer.
I advise as follows:
| 1 | The .....................[type and identifying description of document].................... is being submitted for filing electronically [add the following if applicable] on behalf of the ....................[party(ies)].................., ....................[name(s) of party(ies)].............. . | |
| 2 | The original paper version of the document being submitted for filing electronically appears to bear an original signature of the person identified as the signatory and I have no reason to believe that the signature placed on the document is not the signature of the identified signatory; | |
| 3 | The version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and I have no reason to believe that it is not a true copy of the original paper version. |
| Dated ..........[mmm/dd/yyyy]........... | Signature .................................................................. | |
[en. B.C. Reg. 40/2013, s. 6.]
AFFIDAVIT
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
I, .....................................[name]...................................., ....................[occupation]...................., of .....................................[address]............................................. swear or affirm that I know or believe the following facts to be true. If these facts are based on information from others, I believe that information to be true.
1 I am applying under the Family Law Act to become a guardian of the following child(ren):
| Full name of child | Birth date of child | Name(s) of current guardian(s) of child | Name(s) of parent(s) who are not current guardian(s) of child |
2 My date of birth is ..................[dd/mmm/yyyy]............................ .
3 The nature and length of my relationship with the child(ren) referred to in paragraph 1 of this affidavit is as follows:
| Name of child | Nature of relationship [specify if parent, step-parent, grandparent, aunt, uncle, family friend, etc.] | Length of relationship |
4 The current living arrangements applicable to the child(ren) referred to in paragraph 1 of this affidavit are as follows:
| Name of child | Current living arrangements |
5 I plan to care for the child(ren) referred to in paragraph 1 of this affidavit as follows: .......................[set out detailed plans for how the child(ren) is/are to be cared for]................................ .
6 [Check whichever paragraph is correct.]
[ ] I am not aware of any incidents of family violence, as that term is defined in section 1 of the Family Law Act, that affect the child(ren) referred to in paragraph 1 of this affidavit.
[ ] I am aware of the following incidents of family violence, as that term is defined in section 1 of the Family Law Act, that affect the child(ren) referred to in paragraph 1 of this affidavit: .................[describe the incidents of family violence of which you are aware].................... .
7 [Check whichever paragraph is correct.]
[ ] I am not a parent, step-parent or guardian of any children except that child/those children referred to in paragraph 1 of this affidavit.
[ ] I am the parent, step-parent or guardian of the following child(ren) who is/are not referred to in paragraph 1 of this affidavit:
| Full name of child | Birth date of child | Nature of relationship to child [specify whether parent, step-parent or guardian] |
8 [Check whichever paragraph is correct.]
[ ] I have not been involved in court proceedings in British Columbia under the Child, Family and Community Service Act, the Family Relations Act, the Family Law Act or the Divorce Act (Canada) concerning children under my care, or in any other court proceedings under comparable legislation in any other jurisdiction concerning children under my care.
[ ] I have been involved in the following court proceedings in British Columbia under the Child, Family and Community Service Act, the Family Relations Act, the Family Law Act or the Divorce Act (Canada) concerning children under my care, and in the following court proceedings under comparable legislation in any other jurisdiction concerning children under my care:
| Item | Names of parties to the proceeding | Name and location of court in which the proceeding was conducted | Date of any orders concerning children under my care made in the proceeding |
| 1 | |||
| 2 |
The orders referred to in the table above are attached as Exhibits to this affidavit as follows:
(a) the order dated ......[dd/mmm/yyyy].... referred to in ....[Item 1, 2, etc.].... above is attached as Exhibit ..... to this affidavit.
(b) the order dated ......[dd/mmm/yyyy].... referred to in ....[Item 1, 2, etc.].... above is attached as Exhibit ..... to this affidavit.
9 Attached to this affidavit and marked as Exhibit ...... is a copy of a British Columbia Ministry of Children and Family Development records check dated .....[dd/mmm/yyyy].......... . [Note that under rule 18.1, if there is to be no hearing for this application, this records check must be dated within 60 days of the date on which this affidavit is filed.]
10 Attached to this affidavit and marked as Exhibit ..... is a copy of a Protection Order Registry protection order records check dated ....[dd/mmm/yyyy].......... . [Note that under rule 18.1, if there is to be no hearing for this application, this records check must be dated within 60 days of the date on which this affidavit is filed.]
11 Attached to this affidavit and marked as Exhibit ..... is a copy of a criminal records check dated ......[dd/mmm/yyyy]....... obtained from the .....[name and location of police force or department from which the criminal records check was obtained]....... . [Note that under rule 18.1, if there is to be no hearing for this application, this records check must be dated within 60 days of the date on which this affidavit is filed.]
12 [Check whichever paragraph is correct.]
[ ] There are no criminal offences, other than those, if any, specified in the criminal records check referred to in paragraph 11 of this affidavit, of which I have been convicted and not pardoned.
[ ] In addition to the convictions, if any, specified in the criminal records check referred to in paragraph 11 of this affidavit, I have been convicted of, and not pardoned for, the following criminal offences:
...........................[provide details of any criminal convictions, not referred to in the criminal records check, for which you have not received a pardon]......................... .
13 [Check whichever paragraph is correct.]
[ ] I am not currently charged with any criminal offences.
[ ] I am currently charged with criminal offences. The particulars of each charge are set out below:
| Nature of alleged offence | Date of alleged offence | Name and location of court in which proceedings are outstanding |
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ....................., British Columbia | ) | |
| on ...............[dd/mmm/yyyy]................. . | ) | ........................................................................... |
| ) | ||
| .............................................................. | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
[en. B.C. Reg. 61/2019, s. 5.]
EARLY RESOLUTION AND
CASE MANAGEMENT MODEL
Part 1 — Interpretation, Application and Purpose
Definitions
1 (1) In this Appendix, the definitions in rule 5.01 (1) apply.
"early resolution requirements" means the requirements described in section 5 [early resolution requirements];
"these rules" means the Provincial Court (Family) Rules.
Citation
2 This Appendix may be cited as the "Early Resolution and Case Management Model" and is included within any reference to the "Provincial Court (Family) Rules".
Designation of early resolution and case management model registry
3 This Early Resolution and Case Management Model applies in the Victoria registry, which is designated as an early resolution and case management model registry.
Purpose
4 The purpose of the Early Resolution and Case Management Model is to encourage parties to resolve their cases by agreement or to help them obtain a just and timely decision in a way that
(a) takes into account the impact that the conduct of a case may have on a child and family,
(c) promotes cooperation between the parties, and
(d) provides processes for resolution that are efficient and consistent with the complexity of the cases to be resolved.
Part 2 — Early Resolution Requirements
Early resolution requirements
5 Before filing an application about a family law matter under Part 3 [Application about Family Law Matters], a person seeking resolution of a family law matter in an early resolution and case management registry must, unless otherwise provided in this Early Resolution and Case Management Model,
(a) file a notice to resolve in Form A [Notice to Resolve a Family Law Matter] of Appendix C,
(b) provide a copy of the notice to resolve to the other person,
(c) attend a needs assessment under section 10 [participating in needs assessment],
(d) complete a parenting education program under section 12 [completing parenting education program], and
(e) participate in at least one consensual dispute resolution session under section 13 [participating in consensual dispute resolution].
[am. B.C. Reg. 236/2020, Sch. 1, s. 7.]
Exception to early resolution requirements
6 The early resolution requirements described in section 5 are not required if a person is only applying for one or more orders that are to be made under Part 5 [Case Management Orders] or 6 [Applying for Other Orders].
Protection orders and orders about priority parenting matters take priority
7 For certainty, if a party applies for an order about
(a) a protection order under Part 9 [Protection from Family Violence] of the Family Law Act, or
(b) a priority parenting matter
in addition to an order about a family law matter, the party may apply for the order about the protection order or the priority parenting matter before complying with the early resolution requirements under this Part.
[am. B.C. Reg. 236/2020, Sch. 1, s. 8.]
Judge may waive or vary requirements
8 (1) For certainty, rule 20 (2) [judge may waive or vary rules] of these rules applies to this Early Resolution and Case Management Model.
(2) A party may make an application to waive or vary the early resolution requirements in accordance with Part 5 [Case Management Orders] of this Early Resolution and Case Management Model.
Intention to proceed in certain cases after one year
9 (1) The parties must meet the requirements of subsection (2) if no application about a family law matter has been filed and more than one year has passed since the latest date on which one of the parties took any of the following steps in the case:
(a) filed a notice to resolve a family law matter in Form A [Notice to Resolve a Family Law Matter] of Appendix C;
(b) participated in a needs assessment;
(c) completed a parenting education program;
(d) participated in a consensual dispute resolution session.
(2) Before the parties described in subsection (1) may proceed under this Early Resolution and Case Management Model,
(a) a party must file a notice of intention to proceed in Form B [Notice of Intention to Proceed] of Appendix C and provide a copy of the notice to the other party, and
(b) the parties must participate in a new needs assessment.
[am. B.C. Reg. 236/2020, Sch. 1, s. 9.]
Participating in needs assessment
10 Each party must participate in a needs assessment conducted by a needs assessor for the following:
(a) assistance with identifying legal and non-legal needs;
(b) information about resolving issues, including
(i) how to resolve family law matters and other issues out of court, and
(ii) how to apply for a court order;
(i) a referral to an appropriate parenting education program, or
(ii) an exemption from a parenting education program under Division 3 [Parenting Education Program] of this Part;
(d) referrals to other resources, including
(i) where and how to seek legal advice,
(ii) where and how to access legal information,
(iii) where and how to access resources for issues that are not legal in nature, and
(iv) where and how to access resources for children dealing with family changes;
(e) assessment of whether consensual dispute resolution under Division 4 [Consensual Dispute Resolution] of this Part is not appropriate;
(f) assessment of any risk of family violence;
(g) referrals to other resources for individuals and families experiencing or concerned about family violence.
[am. B.C. Reg. 236/2020, Sch. 1, s. 10.]
Needs assessor
11 For the purposes of this Division, a needs assessor must be a family justice counsellor appointed under section 10 (1) [family justice counsellors] of the Family Law Act.
Division 3 — Parenting Education Program
Completing parenting education program
12 Each party must complete a parenting education program unless the needs assessor exempts that party because
(a) that party has already completed the parenting education program in the 2 years before the date of the needs assessment,
(b) the family law matter is only related to spousal support,
(c) every child involved in the family law matter has reached 19 years of age,
(d) that party cannot access the online version,
(e) the parenting education program is not available in a language in which that party is fluent,
(f) that party cannot complete an online version due to literacy challenges, or
(g) that party cannot complete the parenting education program due to a serious medical condition.
[am. B.C. Reg. 236/2020, Sch. 1, s. 11.]
Division 4 — Consensual Dispute Resolution
Participating in consensual dispute resolution
13 (1) The parties must attempt to resolve a family law matter by participating in at least one consensual dispute resolution session unless
(a) a needs assessor determines that the parties cannot access consensual dispute resolution services, or
(b) a needs assessor or a consensual dispute resolution professional determines that participation at a consensual dispute resolution session is not appropriate.
(2) To prepare for the consensual dispute resolution session, each party must participate in any preparatory meetings or other preparatory process as required by the consensual dispute resolution professional.
Financial information for consensual dispute resolution
14 If financial information for consensual dispute resolution is required, it must be provided in the form required by the consensual dispute resolution professional.
Part 3 — Application about Family Law Matters
Division 1 — Applying for Family Law Matter Orders
Applying for orders about family law matters
15 (1) In this section, "order about a family law matter" means an order about any of the following:
(a) for a new order about a family law matter;
(b) an order to change or cancel all or part of an existing final order about a family law matter;
(c) an order to set aside or replace all or part of a written agreement about a family law matter.
(2) To apply for an order about a family law matter in an early resolution registry, a party must
(a) meet the applicable early resolution requirements described in section 5 [early resolution requirements], and
(b) after having met the early resolution requirements, file and serve on each other party an application about a family law matter in Form C [Application About a Family Law Matter] of Appendix C.
[en. B.C. Reg. 236/2020, Sch. 1, s. 14.]
Additional requirements when applying for certain orders
17 (1) A party must file the following additional documents with an application about a family law matter:
(a) for an order about an existing order or written agreement, a copy of the existing order or written agreement;
(b) for an order about child support, a financial statement in Form D [Financial Statement] of Appendix C and any information or documents required by the child support guidelines;
(c) for an order about spousal support, a financial statement in Form D of Appendix C.
(2) In addition to filing the additional documents under subsection (1), a party applying for an order about being appointed as a guardian must
(a) file the following additional documents with the party's application:
(i) a Consent for Child Protection Record Check in Form 5 under the Family Law Act Regulation;
(ii) a request, in the form provided by the registry, to search the protection order registry, and
(b) certify on the application that the party has initiated a criminal record check.
[en. B.C. Reg. 236/2020, Sch. 1, s. 16.]
Additional documents required when applying for orders about guardianship
17.1 (1) A party making an application for an order about guardianship under section 51 [orders respecting guardianship] of the Family Law Act, including an application for a consent order for guardianship, must file an affidavit in Form 34 [Affidavit] of Appendix A with the following exhibits attached:
(a) a record check from the Ministry of Children and Family Development;
(b) a child protection order record check from the protection order registry;
(2) The documents referred to in subsection (1) must be filed and served on each other party
(a) at least 7 days before the date set for the court appearance of the application if no trial preparation conference is scheduled, or
(b) at least 7 days before the date of the trial preparation conference if a trial preparation conference is scheduled.
(3) The following periods apply in relation to the documents referred to in subsection (1):
(a) an affidavit referred to in subsection (1) must be sworn no more than 7 days before the date the affidavit is filed;
(b) the record checks referred to in subsections (1), (a), (b) and (c) must be dated within 60 days before the date that the record check is filed.
[en. B.C. Reg. 236/2020, Sch. 1, s. 17.]
Serving application about family law matter
18 (1) If a party is applying for an order about a family law matter under section 15 [applying for orders about family law matters], the party must ensure the personal service of the application about the family law matter by having an adult who is not a party leave a copy of the following documents with the party who is to be served:
(a) the application about the family law matter;
(b) instructions, in the form provided by the registry, about the following:
(ii) how to obtain Form F [Reply to an Application About a Family Law Matter (with Counter Application)] of Appendix C for filing a reply;
(c) any applicable additional documents, as described in sections 17 [additional requirements when applying for certain orders] and 17.1 [additional documents required when applying for orders about guardianship].
(2) If a certificate of service is required under these rules, an adult who serves documents under subsection (1) must complete a certificate of service in Form E [Certificate of Service] of Appendix C and provide it to the party who filed the application about the family law matter.
(3) If a reply is not filed under Division 2 within 30 days of service of an application about a family law matter under subsection (1), the party applying for an order about a family law matter must file the certificate of service.
[en. B.C. Reg. 236/2020, Sch. 1, s. 18.]
Division 2 — Family Law Matter Reply and Counter Application
After receipt of application about family law matter
19 (1) When a party is served with an application about a family law matter, the party may reply to the application about a family law matter, as described in section 21 [reply to application about family law matter].
(2) If the party served with an application about a family law matter does not reply, the consequences described in section 23 [if no reply filed] apply.
[en. B.C. Reg. 236/2020, Sch. 1, s. 20.]
Early resolution requirements must be met before filing reply
20 Before filing a reply to an application about a family law matter under section 21, a party must meet the applicable early resolution requirements described in section 5 [early resolution requirements].
[am. B.C. Reg. 236/2020, Sch. 1, s. 21.]
Reply to application about family law matter
21 If a party is served with an application about a family law matter and replies,
(a) the party must file a completed reply in Form F [Reply to an Application About a Family Law Matter] of Appendix C within 30 days after the date that the party is served the application about the family law matter,
(b) the party may, in the reply, do any of the following:
(i) agree with one or more of the orders applied for in the application about the family law matter;
(ii) disagree with one or more of the orders applied for in the application about the family law matter;
(iii) make a counter application in accordance with section 22, and
(c) if the application about the family law matter involves child support or spousal support, the party must file a financial statement in Form D [Financial Statement] of Appendix C.
[en. B.C. Reg. 236/2020, Sch. 1, s. 22.]
Applying for counter application
22 (1) In a reply, a party may include a counter application to apply for an order about a different family law matter that was not included in the application about a family law matter.
(2) If the counter application involves an existing agreement or order, child support, spousal support or appointment of a guardian, the party must file any applicable additional documents, as described in section 17 [additional requirements when applying for certain orders].
[en. B.C. Reg. 236/2020, Sch. 1, s. 22.]
If no reply filed
23 If a party does not file a reply in accordance with section 21 (a) [reply to application about family law matter],
(a) the party is not entitled to receive notice of any part of the proceedings, including any conference, court appearance, hearing or trial, and
Judge may direct matters if party does not file reply
24 Despite section 23, a judge may direct that a party who does not file a reply under section 21 [reply to application about family law matter] receive notice of and attend a family management conference or another conference or court appearance.
[am. B.C. Reg. 236/2020, Sch. 1, s. 23.]
Copy to filing party
25 After the reply is filed, the registry must, within 21 days, provide a copy of the reply and all documents filed with the reply to the party who filed the family law matter claim.
Replying to counter application
26 A party may reply to a counter application by filing and serving a reply to the counter application in Form G [Reply to a Counter Application] of Appendix C within 30 days after the date that the party receives the reply with counter application.
[en. B.C. Reg. 236/2020, Sch. 1, s. 24.]
Part 4 — Family Management Conferences
Division 1 — Purpose, Participation and Information
Family management conferences
27 A family management conference is an informal and time-limited process in which a judge
(a) may assist the parties to identify the issues to be resolved,
(b) may explore options to resolve the issues,
(c) may, if needed, make orders and directions under Part 5 [Case Management Orders] based on information provided by or on behalf of the parties to ensure a file is ready to proceed to the next step in the process,
(d) may, if needed, make interim orders under section 36 [interim orders], based on evidence provided by or on behalf of the parties regarding family law matters, to address needs until the parties resolve their family law matters in a subsequent step in the process, and
(e) may, if needed, make orders under
(i) section 23 [if no reply filed], if a party does not file a reply,
(ii) section 37 [consent orders], by consent of the parties, and
(iii) section 41 [orders made in the absence of a party], in the absence of a party.
Family management conference required after compliance with Part 3
28 All parties to an application about a family law matter must attend a family management conference after complying with Part 3 [Application about Family Law Matters].
[am. B.C. Reg. 236/2020, Sch. 1, s. 25.]
Who must attend family management conference
29 (1) All parties must attend the family management conference.
(2) A lawyer of each party may attend the family management conference with the party.
Family management conference may proceed
30 A family management conference may proceed without a party who
Information presented in family management conferences
31 For the purposes of a family management conference, the parties may be required to provide the following for consideration by a judge:
(a) information provided in an application about a family law matter, reply or reply to counter application, if any;
(b) information provided in a financial statement;
(c) evidence given orally on oath or affirmation;
[am. B.C. Reg. 236/2020, Sch. 1, s. 26.]
Intention to proceed — family management conferences
32 (1) A notice of intention to proceed with an application about a family law matter must be filed in accordance with subsection (2) if
(a) a party has filed an application about a family law matter,
(b) there is no final order in respect of the application, and
(c) more than one year has passed since the parties have taken any step under these rules.
(2) If subsection (1) applies, before the parties may proceed,
(a) a party must file a notice of intention to proceed in Form B [Notice of Intention to Proceed] of Appendix C, serve it on the other party and file a certificate of service, and
(b) the parties must participate in a family management conference.
[am. B.C. Reg. 236/2020, Sch. 1, s. 27.]
Division 2 — Scheduling the Family Management Conference
Scheduling family management conference if reply filed
33 If an application about a family law matter and a reply have been filed, the registry must provide the parties with information about the procedure for scheduling the family management conference.
[am. B.C. Reg. 236/2020, Sch. 1, s. 28.]
Scheduling family management conference if no reply filed
34 If an application about a family law matter has been filed and a reply has not been filed and, based on the certificate of service, at least 30 days have passed since the application about a family law matter was served, the registry must provide the party who filed the application about a family law matter with information about the procedure for scheduling the family management conference.
[en. B.C. Reg. 236/2020, Sch. 1, s. 29.]
Division 3 — Family Management Conference Proceedings
Directions to attend
35 At a family management conference, a judge may direct a party to do any of the following:
(a) attend consensual dispute resolution;
(b) attend a family case conference;
(c) return for another family management conference;
Interim orders
36 At a family management conference, a judge may make one or more of the following interim orders:
(a) parental responsibilities;
[am. B.C. Reg. 236/2020, Sch. 1, s. 30.]
Consent orders
37 At a family management conference, a judge may make one or more of the following orders, including final orders, with consent of the parties:
(a) parental responsibilities;
[am. B.C Reg. 236/2020, Sch. 1, s. 30.]
Completion of early resolution requirements
38 At a family management conference, a judge may make an order that a party complete the early resolution requirements under section 5 [early resolution requirements].
Conduct orders
39 At a family management conference, a judge may make any conduct order that may be made under Division 5 of Part 10 [Orders Respecting Conduct] of the Family Law Act, including the following:
(a) prohibiting a party from making an application respecting any matter over which a parenting coordinator has authority to act under an agreement or order, other than an application changing or setting aside a parenting coordinator determination, without permission of the judge, under section 223 [orders respecting case management] of the Family Law Act;
(b) requiring the parties to participate in family dispute resolution under section 224 (1) (a) [orders respecting dispute resolution, counselling and programs] of the Family Law Act;
(c) requiring the parties to attend counselling, specified services or programs, under section 224 (1) (b) of the Family Law Act;
(d) allocating or requiring one party to pay the fees related to the family dispute resolution, counselling, specified services or programs, if the party is ordered to attend, under section 224 (2) of the Family Law Act;
(e) setting restrictions or conditions respecting communication between parties, including respecting when or how communications may be made, under section 225 [orders restricting communications] of the Family Law Act, unless it would be more appropriate for a protection order to be made by a judge under Part 9 [Protection from Family Violence] of that Act;
(f) reporting to the court or to a person named by the judge at the time and in the manner specified, under section 227 [other orders respecting conduct] of the Family Law Act.
Preparing for subsequent hearing
40 The parties may be required to attend a family management conference to prepare for a hearing, even if Part 3 [Application about Family Law Matters] does not apply to the parties, if one of the parties has requested one of the following orders:
(a) reviewing, enforcing, changing or setting aside a determination of a parenting coordinator;
(b) permitting or prohibiting the relocation of a child under section 69 [orders respecting relocation] of the Family Law Act;
(c) setting reasonable and necessarily incurred expenses under any of the following sections of the Family Law Act:
(i) section 61 [denial of parenting time or contact];
(ii) section 62 [when denial is not wrongful];
(iii) section 212 [orders respecting disclosure];
(iv) section 213 [enforcing orders respecting disclosure];
Orders made in the absence of a party
41 (1) At the family management conference, a judge may make an order, including final orders, in the absence of a party.
(2) A judge may change, suspend or cancel an order made in the absence of a party if the judge determines that
(a) the absent party applied within a reasonable time for the change, suspension or cancellation of the order using Form H [Application for Case Management Order] of Appendix C, and
(b) either of the following apply:
(i) the absent party did not receive notice of the application or family management conference;
(ii) there is a good reason to change, suspend or cancel the order.
[am. B.C. Reg. 119/2020, s. 3.]
Part 5 — Case Management Orders
Case management orders — general
42 (1) A judge may make orders to manage a case, including orders about the following with or without application by a party:
(a) transferring a court file to another registry for all purposes or specific purposes;
(b) adding or removing a party to a case, including leave to intervene under section 204 (2) of the Family Law Act;
(c) settling or correcting the terms of an order made under these rules;
(d) setting a specified period for the filing and exchanging of information or evidence, including a financial statement in Form D [Financial Statement] of Appendix C;
(e) correcting or amending a filed document, including the correction of a name or date of birth;
(f) requiring that a parentage test be taken under section 33 [parentage tests] of the Family Law Act;
(g) specifying or requiring information that must be disclosed by a person who is not a party to a case;
(h) adjourning a court appearance;
(i) relating to a report under section 211 [orders respecting reports] of the Family Law Act, including requiring that a person who prepared the report attend a trial as a witness;
(j) respecting the conduct of a party or management of a case, including pre-trial and trial process and evidence disclosure, as set out in rule 8 (4) (a), (b) or (g) of these rules;
(k) respecting the appointment of a lawyer to represent
(i) the interests of a child, or
(l) allowing a person to attend a conference or hearing using electronic communication, including by telephone or video;
(m) waiving or modifying any requirement related to service or giving notice to a person, including allowing an alternative method for the service of a document;
(n) waiving or modifying any other requirement under these rules, including a time limit set under these rules or a time limit set by an order or direction of a judge, even after the time limit has expired;
(o) requiring access to information in accordance with section 242 [orders respecting searchable information] of the Family Law Act;
(p) recognizing an extraprovincial order other than a support order;
(q) relating to the management of a court record, file or document, including access to a court file;
(2) A party may apply for a case management order under subsection (1) by filing and serving the following on any other parties, at least 7 days before the date set for the court appearance:
(a) an application for a case management order in Form H [Application for Case Management Order];
(b) any supporting evidence or documents.
[am. B.C. Regs. 119/2020, s. 4; 236/2020, Sch. 1, s. 31.]
Case management orders — without notice or appearance
43 (1) A party may request in Form I [Application for Case Management Order Without Notice or Attendance] of Appendix C the case management orders described in section 42 (1) (l) to (p) without notice to any other parties or without attending before the court.
(2) The judge reviewing an application under this section for a case management order without notice or attendance may do the following:
(a) grant the order without the attendance of the parties;
(b) give directions to obtain further information, including to require the parties to attend to speak to the matter;
(c) require that notice be given to any other parties;
(d) reject the application with reasons.
(3) If a case management order is made without notice under this section, the party who applied for the order must ensure that the other party is served the case management order that is made.
[am. B.C. Regs. 119/2020, s. 5; 236/2020, Sch. 1, s. 32.]
Replying to applications for case management orders
43.1 (1) If a party is served with an application under this Part and chooses to reply, the party
(a) must attend court on the date and time referred to in the application for the court appearance, and
(b) may file a written response in reply to the application in Form Q [Written Response to Application] of Appendix C.
(2) If a party chooses to file a written response in reply under subsection (1) (b), the party must file and serve the written response on each other party before the date referred to in the application for the court appearance.
[en. B.C. Reg. 236/2020, Sch. 1, s. 33.]
Part 6 — Applying for Other Orders
Division 1 — Protection Orders
Priority — protection orders
44 The application for an order about a protection order may be made before complying with the early resolution requirements described in section 5 [early resolution requirements] if a party is applying for both of the following:
Applying for Family Law Act protection orders or to change or terminate protection orders — with notice
45 (1) A person who is applying for an order about the following must file an application about a protection order in Form K [Application about a Protection Order] of Appendix C and any supporting evidence or documents:
(a) a protection order under section 183 [orders respecting protection] of the Family Law Act;
(b) to change a term or condition of, or to terminate, a protection order under section 187 [changing or terminating orders respecting protection] of the Family Law Act.
(2) If a person is applying for an order about a protection order under subsection (1), the person must ensure the personal service of the application and supporting evidence or documents by having an adult who is not a party leave a copy of the application and the supporting evidence or documents with the other party at least 7 days before the date referred to in the application for the court appearance.
(3) The adult who serves the application under subsection (2) must complete a certificate of service in Form E [Certificate of Service] of Appendix C and provide it to the person applying for an order about a protection order.
[en. B.C. Reg. 236/2020, Sch. 1, s. 34.]
Applying for Family Law Act protection orders or to change or terminate protection orders — without notice
46 (1) A person who is applying for an order about the following, without notice, must file an application about a protection order in Form K [Application About a Protection Order] of Appendix C, and any supporting evidence or documents:
(a) a protection order under section 183 [orders respecting protection] of the Family Law Act;
(b) to change a term or condition of, or to terminate, a protection order under section 187 [changing or terminating orders respecting protection] of the Family Law Act.
(2) A person who is applying for an order about a protection order under subsection (1) must include with the application a statement of the reasons why the application is being made without notice.
[en. B.C. Reg. 236/2020, Sch. 1, s. 34.]
Evidence at protection order hearing
47 Evidence at a protection order hearing under section 45 [applying for Family Law Act protection orders or to change or terminate protection orders — with notice] or 46 [applying for Family Law Act protection orders or to change or terminate protection orders — without notice] may be given
(a) orally on oath or affirmation, or
[am. B.C. Reg. 236/2020, Sch. 1, s. 35.]
Judge to make new protection order
48 If a judge changes a term or condition of an existing protection order, including an extension of the protection order, a judge must terminate the existing protection order and make a new protection order.
[am. B.C. Reg. 236/2020, Sch. 1, s. 36.]
What happens if protection order is made or changed
49 If a judge makes or changes a protection order in accordance with this Division, a clerk must, as soon as possible,
(a) prepare the protection order, unless the judge directs otherwise,
(b) provide a copy of the protection order to the protection order registry,
(c) arrange service or provide a copy of the protection order on or to the party against whom the protection order was made or changed, as follows:
(i) if that party is present when the order is made or changed, provide the party with the protection order;
(ii) if that party is not present when the order is made or changed, arrange for the personal service of the protection order on that party within British Columbia;
(iii) if the registry is unable to arrange service under subparagraph (ii) or that party is evading service, notify the person who obtained the order and that person would subsequently be responsible for service, and
(d) provide a copy of the protection order to the person who applied for the order.
[en. B.C. Reg. 236/2020, Sch. 1, s. 37.]
What happens if protection order is terminated
50 If a judge terminates a protection order, a clerk must
(a) prepare the order terminating a protection order in Form L [Order Terminating a Protection Order] of Appendix C, unless the judge directs otherwise,
(b) provide a copy of the termination order to the protection order registry, and
(c) provide a copy of the termination order to all parties.
[en. B.C. Reg. 236/2020, Sch. 1, s. 37.]
Form of orders
51 A protection order made under Part 9 [Protection from Family Violence] of the Family Law Act must be in Form 25 [Protection Order] of Appendix A of these rules and does not need to be signed by the parties or their lawyers.
No limitation on protection order applications
52 A person may make subsequent applications about protection orders, including in the following circumstances:
(a) an earlier application for a protection order was denied or dismissed;
(b) the protection order has expired;
(c) the protection order has been changed or terminated.
[en. B.C. Reg. 236/2020, Sch. 1, s. 38.]
Division 2 — Orders about Priority Parenting Matters
Priority — priority parenting matters
53 The application for an order about a priority parenting matter may be made before complying with the early resolution requirements described in section 5 [early resolution requirements] if a party is applying for both of the following:
(a) an order about a priority parenting matter;
(b) an order about a family law matter.
[am. B.C. Reg. 236/2020, Sch. 1, s. 40.]
Applying for orders about priority parenting matters
54 To apply to a judge to obtain, or to change a term or condition of or to terminate, an order about a priority parenting matter, a person must file and serve
(a) the application for an order about a priority parenting matter in Form M [Application About Priority Parenting Matter] of Appendix C, and
(b) any supporting evidence or documents.
[am. B.C. Reg. 236/2020, Sch. 1, s. 40.]
Notifying other person about order about priority parenting matter
55 To apply to a judge for an order about a priority parenting matter under this Division, a party must serve any other parties as follows:
(a) with the application and supporting documents at least 7 days before the date set for the court appearance unless the application is made without notice or with less than 7 days' notice;
(b) if there is an address for service in the case on the court file for the party to be served,
(i) by leaving the documents at the party's address for service,
(ii) by mailing the documents by ordinary mail to the party's address for service,
(iii) if a party's address for service includes an email address, by emailing the documents to that email address, or
(iv) if a party's address for service includes a fax number, by faxing the documents to that fax number;
(c) if there is no address for service on the court file for the party to be served by arranging for an adult who is not a party to leave the documents with the party to be served, unless otherwise ordered.
[am. B.C. Reg. 236/2020, Sch. 1, ss. 40 and 41.]
Priority parenting matters — without notice
56 (1) A person may, under section 54, apply to make an application for an order about a priority parenting matter without notice to any party by completing Form I [Application for Case Management Order Without Notice or Attendance] of Appendix C.
(2) If a judge determines that a party should be given notice of an application made under section 54, the judge may make directions regarding
(a) the date for the court appearance,
(c) how notice is to be given, and
(d) any other directions that the judge considers appropriate.
[am. B.C. Reg. 236/2020, Sch. 1, ss. 40 and 42.]
Evidence presented at hearings for orders about priority parenting matters
57 Evidence for a hearing with respect to the application for an order about a priority parenting matter may be given
(a) orally on oath or affirmation, or
[am. B.C. Reg. 236/2020, Sch. 1, s. 40.]
Division 3 — Orders about Relocation
Applying for orders about relocation
58 (1) This section applies if
(a) a party is applying for an order under section 69 [orders respecting relocation] of the Family Law Act prohibiting the relocation of a child, and
(b) a written agreement or order referred to in section 65 [definition and application] of the Family Law Act respecting parenting arrangements or contact with the child applies to the child.
(2) A party who is applying for an order under section 69 of the Family Law Act prohibiting the relocation of a child must file and serve the following on each other party, at least 7 days before the date referred to in the application for the court appearance:
(a) an application for an order prohibiting the relocation of a child in Form O [Application for Order Prohibiting the Relocation of a Child] of Appendix C;
(b) a copy of the applicable written agreement or order referred to in section 65 of the Family Law Act;
(c) a copy of, or the details about, the notice of relocation described in section 66 [notice of relocation] of the Family Law Act.
[en. B.C. Reg. 236/2020, Sch. 1, s. 43.]
Applying for consent orders about family law matters without court appearance
59 To apply for an order about a family law matter by consent without a court appearance, the parties must file the following:
(a) an application for a consent order in Form N [Application for a Family Law Matter Consent Order] of Appendix C;
(b) a draft consent order in Form 20 [Consent Order] of Appendix A signed by the parties or their lawyers;
(c) any applicable additional documents, as described in
(i) section 17 [additional requirements when applying for certain orders], and
(ii) section 17.1 [additional documents required when applying for orders about guardianship], in accordance with that section.
[am. B.C. Reg. 236/2020, Sch. 1, s. 44.]
Consideration of consent order
60 In considering whether to make a consent order, a judge may do the following:
(a) give directions to obtain further information, including to require the parties to attend to speak to the matter;
(b) amend the draft consent order and require the parties to attend to review and sign the changes;
Applying for consent orders about case management
63 (1) The parties applying for a consent order about a case management order must file,
(a) if the parties wish to speak to the matter, an application for case management orders in Form H [Application for Case Management Order], or
(b) if the parties do not wish to speak to the matter,
(i) an application for case management orders without an appearance in Form H [Application for Case Management Order] of Appendix C, and
(ii) a draft consent order in Form 20 [Consent Order] of Appendix A signed by the parties or their lawyers.
(2) The judge considering an application for a consent case management order may do the following:
(a) give directions to obtain further information, including to require the parties to attend to speak to the matter;
(b) amend the draft consent order and require the parties to attend to review and sign the changes;
General process for consent orders
64 (1) If an application is made for a consent order without the parties speaking to the matter, a clerk must place the application, draft consent order and supporting documents before a judge, who may
(a) approve and sign the consent order without the parties having to attend,
(b) require a party to file additional information, or
(c) direct that the parties, and any other person specified by the judge, attend before the judge to explain why the order should be made.
(2) If the judge gives a direction under subsection (1) (c), a clerk must notify the parties and any other person specified by the judge of the direction, including the date, time and place for the court appearance and any other information in the direction.
(3) If a consent order is made, a clerk must provide a filed copy of the consent order to the parties or their lawyers.
(4) Parties who have applied for a consent order and have had their application rejected must include a copy of the reasons for rejection with subsequent related applications for consent orders.
(5) The parties may apply for a consent order at any time while appearing before a judge by providing evidence as the judge may require.
Division 5 — Orders about Enforcement
Applying for orders about enforcement
65 A party who is applying for an order about any of the following must file and serve on each other party, at least 7 days before the date referred to in the application for the court appearance, an application about enforcement in Form P [Application About Enforcement] of Appendix C, including a copy of the agreement, determination or order to be enforced:
(a) enforcing a filed written agreement or order, including enforcing the written agreement or order through a court order under any of the following sections of the Family Law Act:
(i) section 61 [denial of parenting time or contact];
(ii) section 63 [failure to exercise parenting time or contact];
(iii) section 228 [enforcing orders respecting conduct];
(iv) section 230 [enforcing orders generally];
(v) section 231 [extraordinary remedies];
(b) enforcing, changing or setting aside a filed determination of a parenting coordinator;
(c) setting reasonable and necessarily incurred expenses under any of the following sections of the Family Law Act:
(iii) section 212 [orders respecting disclosure];
(iv) section 213 [enforcing orders respecting disclosure];
(d) determining whether arrears are owing under a support order or agreement made under the Family Law Act and, if so, the amount of the arrears.
[en. B.C. Reg. 236/2020, Sch. 1, s. 46.]
Division 6 — Replying to Applications for Other Orders
Replying to applications for other orders set out in this Part
66 (1) If a party is served with an application under this Part and chooses to reply, the party
(a) must attend court on the date and time referred to in the application for the court appearance, and
(b) may file a written response in reply to the application in Form Q [Written Response to Application] of Appendix C.
(2) If a party chooses to file a written response in reply under subsection (1) (b), the party must file and serve the written response on each other party before the date referred to in the application for the court appearance.
[en. B.C. Reg. 236/2020, Sch. 1, s. 47.]
Part 7 — Request for Conference or Hearing
Requesting conference or hearing
67 (1) If any of the following circumstances apply, a party may request that a court appearance be scheduled and must file and serve on each other party a request for scheduling in Form R [Request for Scheduling] of Appendix C:
(a) the matter was adjourned by the court without setting a new date;
(b) the matter was struck from the court list by the court;
(c) a party was referred to a program, professional or resource, or required to attend, participate or complete a requirement, by the court;
(d) a party was required by the court to address a deficiency under these rules;
(e) a review of the terms of the order was provided for in the order;
(f) a party is applying to change, suspend or cancel an interim order under section 216 (3) [court may make interim orders] of the Family Law Act;
(g) a party is applying for an interim order under section 216 or 217 [interim orders before changing, suspending or terminating orders] of the Family Law Act after attendance at a family management conference.
(2) A party requesting that a court appearance be scheduled must serve the form under subsection (1) on each other party at least 7 days before the date referred to in the application for the court appearance.
[en. B.C. Reg. 236/2020, Sch. 1, s. 48.]
[en. B.C. Reg. 236/2020, Sch. 1, s. 49.]
Early Resolution and Case Management Model Forms
[Provisions relevant to the enactment of this regulation: Court Rules Act, R.S.B.C. 1996, c. 80, s. 1.]
Rule 1 (1) and (3) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Purpose
(1) The purpose of these rules is to allow people to obtain just, speedy, inexpensive and simple resolution of matters arising under the Family Relations Act and certain matters under the Family Maintenance Enforcement Act.
Reference aids
(3) Italicized words in square brackets are not part of these rules, are included editorially for convenience of reference only and are not to be used in interpreting the rules or any provision to which the words refer.
Rule 1 (2) definitions of "family justice councillor", "filed copy" and "regional manager" BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
"family justice counsellor" means a family court counsellor under section 3 of the Family Relations Act;
"filed copy", in relation to a document that is filed with a registry, means a copy of the document that is date stamped with the registry stamp;
"regional manager", in relation to a registry, means the regional manager of Family Justice Services Division (Corrections Branch), Ministry of Attorney General, who is responsible for the region in which the registry is located;
Rule 1 (2) definitions of "file", "filed agreement", "support" and subrule (4) were added by BC Reg 132/2012, effective March 18, 2013.
Rule 1 (2) 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 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 (2) 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 Family Justice Services Division (Justice Services Branch), Ministry of Justice, who is responsible for the region in which the registry is located;
Rule 1 (2) definition of "family justice registry" BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
"family justice registry" means the Kelowna, Nanaimo, Surrey or Vancouver (Robson Square) registry;
Rule 2 heading BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Rule 2 - Making and Filing an Application
(for Specified Family Relations Act Orders)
Rule 2 (1), (2), (3) and (5) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Applying to the court for an order
(1) To apply to the court for any of the following orders under the Family Relations Act, a person must complete an application in Form 1 and file it, together with 3 copies of it, in a registry:
(a) child custody, access or guardianship;
(b) child, spousal or parental maintenance;
(c) a restraining order under section 37 of the Act or an order prohibiting interference with a child under section 38 of that Act.
Applying to change or cancel an existing order
(2) To apply to the court for any of the following orders, a person must complete an application in Form 2 and file it, together with 3 copies of it, in the registry where the order or agreement is filed unless a judge permits otherwise under rule 19 (1) or rule 19 (5) or (6) applies:
(a) to change or cancel an order that was made or registered under the Family Relations Act;
(b) to cancel or reduce arrears under a maintenance order that was made or registered under the Family Relations Act;
(c) to change or cancel an agreement that was filed under the Family Relations Act.
[To file the application in another registry, see rule 19 concerning transfer of court files. Rule 19 (5) and (6) specifically concern transfer of files by the registry when the parties consent to the transfer or when only one of the parties resides in British Columbia and that party requests the transfer.]
Personal service of application, not by the applicant
(3) Unless a judge grants permission to use a different method of service under rule 9 (7), an applicant under subrule (1) or (2) must have a filed copy of the application served personally on the respondent by a person, other than the applicant, who is at least 19 years of age.
Affidavit of service
(5) If the respondent does not file a reply to the application in accordance with rule 3, the applicant must file with the registry an affidavit of personal service in Form 5.
[To apply for enforcement of a custody order or for recognition of a custody order or an access order, see rule 16. To apply for enforcement of a maintenance order under the Family Maintenance Enforcement Act, see rule 17. To make any other type of application, see rule 12.]
Rule 2 (4) (a) to (c) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(a) a blank reply form (Form 3);
(b) a blank financial statement form (Form 4), if the applicant seeks an order for child, spousal or parental maintenance or for variation of child, spousal or parental maintenance;
(c) a filed copy of the applicant's financial statement and applicable documentation under rule 4 (2), if applicable.
Rule 2 BEFORE amended by BC Reg 40/2013, effective March 18, 2013.
[To file the application in another registry, see rule 19 concerning transfer of court files. Rule 19 (5) and (6) specifically concerns transfer of files by the registry when the parties consent to the transfer or when only one of the parties resides in British Columbia and that party requests the transfer. If a person seeks an order or direction from a judge in relation to another order, an agreement or the determination of a parenting coordinator, see rule 12 (5).]
Rule 3 heading BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Rule 3 - Replying to the Application
Rule 3 (1), (2), (4) and (5) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Filing the reply
(1) A person named as a respondent in an application referred to in rule 2 must, within 30 days after being served with a copy of the application,
(a) complete a reply in Form 3, following the instructions on the form, and
(b) file that reply, together with 3 copies of it, in the registry where the application was filed, and
(c) if applicable, file with that reply the original and 3 copies of the respondent's financial statement and applicable documentation referred to in rule 4 (2) (b).
Respondent's options
(2) The respondent may do one or more of the following in the reply:
(a) consent to one or more of the orders requested in the application;
(b) disagree with anything claimed in the application, stating the reasons for the disagreement;
(c) apply to the court for any of the following orders under the Family Relations Act:
(i) child custody, access or guardianship;
(ii) child or spousal maintenance;
(iii) a restraining order under section 37 of the Act or an order prohibiting interference with a child under section 38 of that Act;
(d) apply to the court for an order
(i) to change or cancel an order that was made or registered under the Family Relations Act,
(ii) to cancel or reduce arrears under a maintenance order that was made or registered under that Act, or
(iii) to change or cancel an agreement that was filed under that Act.
[To apply for enforcement of a custody order or for recognition of a custody order or an access order, see rule 16. To apply for enforcement of a maintenance order under the Family Maintenance Enforcement Act, see rule 17. To make any other type of application, see rule 12.]
How a reply is served on the applicant
(4) Within 21 days after a reply is filed in a registry, the clerk must serve on the applicant a filed copy of the reply and any documents filed by the respondent under subrule (1) (c).
Applicant needs to respond if the reply includes a counterclaim
(5) If the reply includes a counterclaim under subrule (2) (c) or (d), the applicant must, within 30 days after being served with a copy of the reply,
(a) complete a reply in Form 3, following the instructions on the form,
(b) file that reply, together with 3 copies of it, in the registry where the application under rule 2 was filed, and
(c) serve on the respondent a filed copy of that reply and, if applicable and only if the applicant has not already done so, serve with that reply a filed copy of the applicant's financial statement and applicable documentation referred to in rule 4 (2) (b).
Rule 3 (2) BEFORE amended by BC Reg 40/2013, effective March 18, 2013.
[To apply for enforcement of an order or filed agreement for guardianship, parenting arrangements or contact with a child, see rule 12, or for recognition of an extraprovincial order, see rule 16. To apply for enforcement of a support order under the Family Maintenance Enforcement Act, see rule 17.]
Rule 4 (1) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Persons who must provide financial information
(1) Subrule (2) applies to the following persons:
(a) a person who applies, in Form 1 or 3, for a spousal or parental maintenance order or who is responding to such an application;
(b) a person who applies, in Form 2 or 3, for variation of a spousal or parental maintenance order or who is responding to such an application;
(c) a person who applies, in Form 1 or 3, for a child maintenance order and who is required under the Child Support Guidelines Regulation to provide income information;
(d) a person who is responding to an application for a child maintenance order;
(e) a person who applies, in Form 2 or 3, for variation of a child maintenance order and who is required under the Child Support Guidelines Regulation to provide income information;
(f) a person who is responding to an application for variation of a child maintenance order and who is required under the Child Support Guidelines Regulation to provide income information;
(g) a person who applies, in Form 2 or 3, for cancellation or reduction of arrears under a maintenance order.
Rule 4 (2) (b) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(b) when filing the application or the reply, as the case may be, file with the registry the original and 3 copies of that financial statement and any applicable documentation described in Form 4 or required under the Child Support Guidelines Regulation.
Rule 4 (3) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
If the parties agree on income and amount of child maintenance
(3) Parties to an application for child maintenance or for variation of child maintenance are deemed to have complied with the documentation requirements of the Child Support Guidelines Regulation and the requirement to complete and file financial statements under subrule (2) in respect of that application if
(a) the parties have agreed on the amount of child maintenance to be paid and on the annual income of each party who would otherwise be required to provide income information under that regulation,
(b) the parties have signed a consent in Form 19 respecting that agreement, and
(c) the consent, together with a copy of the most recent income tax return of each party who would otherwise be required to provide income information under that regulation and a copy of that person's most recent income tax notice of assessment or reassessment, have been filed in the registry.
[If the parties wish to file an application for an order that the parties consent to, see rule 14.]
Rule 5 (1) (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Application of this rule
(1) Subject to the exceptions set out in subrule (2), this rule applies to proceedings begun by an application under rule 2 (1) or (2)* if
| *. | [Rule 2 is about applications for custody, access, guardianship, maintenance, restraining orders, orders prohibiting interference with a child and applications to change or cancel existing orders or agreements filed under the Family Relations Act.] |
Rule 5 (2) (a) and (b) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(a) does not apply to the proceedings referred to in subrule (1) if the only applications in the matter concern maintenance and there has been an assignment of maintenance rights under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act, and
(b) ceases to apply to the proceedings referred to in subrule (1) if the court file for the proceedings is transferred under rule 19 to a registry that is not a family justice registry.
Rule 5 (2) (c) was added by BC Reg 132/2012, effective March 18, 2013.
Rule 5 (4) (a) and (d) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(a) a person designated by the Attorney General to provide specialized maintenance assistance;
(d) mediation with a private mediator;
Rule 5 (5) (a) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(a) ask to appear before a judge on one or more issues in the case by filing in the registry a referral request in Form 6;
Rule 5 (6) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Court action after referral to a family justice counsellor
(6) On receiving a referral request in Form 6, the clerk must serve the parties with notice of the time and place at which they must attend before a judge.
Rule 5 (7) (b) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(b) require the parties to attend, or continue their attendance with, one or more of the persons or programs referred to in subrule (4) (a) to (c) of this rule.
Rule 5 (8) (a) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(a) a party applies to a judge for an order under section 37 or 38 of the Family Relations Act**, or
Rule 5 (8) italicized wording BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.
| **. | [Section 37 of the Family Relations Act concerns orders restraining one person from harassing another person or a child of the other person. Section 38 of the Family Relations Act concerns orders prohibiting a person from interfering with a child.] |
Rule 5 (10) and (11) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
All other rules apply
(10) All other rules apply to proceedings in a family justice registry but, if anything in another rule is considered to be in conflict with this rule, this rule prevails.
Persons exempt from meeting with family justice counsellors
(11) A person representing the government, a ministry or public officer, if they are parties in the matter, need not but may meet with and attend with a family justice counsellor or persons or programs under subrules (3), (4) and (7) (b).
Rule 5 (12) BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.
Transition
(12) This rule applies only to proceedings described in subrule (1) in which the application is filed after November 30, 1998.
Rule 5.01 (1) definition of "extraordinary parenting matter", paragraphs (b), (c) and (e) BEFORE amended by BC Reg 119/2020, effective June 1, 2020.
(b) applying, by a guardian, for a passport, licence, permit, benefit, privilege or other thing for the child, if delay will result in risk of harm to the child's physical, psychological or emotional safety, security or well-being;
(c) preventing the removal of a child under section 64 [orders to prevent removal of child] of the Family Law Act;
(e) preventing the wrongful removal of a child under section 77 (2) [wrongful removal of child] of the Family Law Act;
Rule 5.01 (1) definition of "extraordinary parenting matter", paragraph (f) BEFORE repealed by BC Reg 119/2020, effective June 1, 2020.
(f) seeking an extraordinary remedy under section 231 (4) or (5) [extraordinary remedies] of the Family Law Act;
Rule 5.01 (1) definition of "extraordinary parenting matter", paragraphs (b.1) and (g) were added by BC Reg 119/2020, effective June 1, 2020.
Rule 5.01 (1) definition of "early resolution and case management registry" BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
"early resolution and case management registry" means the Victoria registry;
Rule 5.01 (1) definition of "extraordinary parenting matter" BEFORE repealed by BC Reg 236/2020, effective December 7, 2020.
"extraordinary parenting matter" means any of the following matters:
(a) giving, refusing or withdrawing consent, by a guardian, to medical, dental or other health-related treatments for a child, if delay will result in risk to the health of the child;
(b) applying, by a guardian, for
(i) a passport, licence, permit, benefit, privilege or other thing for a child, if delay will result in risk of harm to the child's physical, psychological or emotional safety, security or well-being, or
(ii) travel with a child or participation by a child in an activity if consent to the travel or activity is required and is alleged to have been wrongfully denied;
(b.1) relating to change in location of a child's residence, or a guardian's plan to change the location of a child's residence, if
(i) no written agreement or order respecting parenting arrangements applies in respect of the child, and
(ii) the change of residence can reasonably be expected to have a significant impact on the child's relationship with another guardian;
(c) relating to the removal of a child under section 64 [orders to prevent removal of child] of the Family Law Act;
(d) determining matters relating to interjurisdictional issues under section 74 (2) (c) [determining whether to act under Part 4 — Care of and Time with Children] of the Family Law Act;
(e) relating to the alleged wrongful removal of a child under section 77 (2) [wrongful removal of child] of the Family Law Act;
(f) Repealed. [B.C. Reg. 119/2020, s. 1 (e).]
(g) relating to the return of a child alleged to have been wrongfully removed or retained under the Convention on the Civil Aspects of International Child Abduction signed at the Hague on October 25, 1980;
Rule 5.01 (1) definition of "Family Law Act Regulation" and "priority parenting matter" were added by BC Reg 236/2020, effective December 7, 2020.
Rule 5.01 (1) definition of "family law matter", paragraph (a) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
Rule 5.01 (3) (c) (ii) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
(ii) extraordinary parenting matters;
Rule 5.01 (5) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
Protection orders and extraordinary parenting matters
(5) With permission of the court, a party seeking an order about a protection order or an extraordinary parenting matter may do so in any registry.
[en. B.C. Reg. 61/2019, s. 1.]
Rule 5.01 (6) BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
When Early Resolution and Case Management Model does not apply
(6) The Early Resolution and Case Management Model does not apply to matters in a court file if
(a) the court file relating to the family law matter is transferred to another registry,
(b) an application to obtain an order is made before the coming into force of this rule, or
(c) a notice of motion is filed before the coming into force of this rule.
[en. B.C. Reg. 61/2019, s. 1.]
Rule 5.1 (3) (part) an BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Application of this rule
(2) Despite rules 2 (1) and (2), 3 (1) and (5), 4 (2), 13 (4), 16 (3) and 17 (4) and subject to this rule, if a registry is a fax filing pilot project registry, a registrar or clerk may accept any document in a filing that has been transmitted to the registry by fax, except the following:
When a fax filing may be refused
(3) A registrar or clerk may refuse to accept a filing that is transmitted to a fax filing pilot project registry by fax for any one or more of the following reasons:
(c) the filing and the fax cover sheet exceed 20 pages in length and the registrar has not given leave;
(d) in the opinion of the registrar or clerk, the filing is illegible and cannot be used by the court;
Rule 5.1 (1) BEFORE amended by BC Reg 68/2018, effective May 1, 2018.
Definition
(1) In this rule, "fax filing pilot project registry" means the Chilliwack, Cranbrook, Dawson Creek, Kamloops, Kelowna, Nelson, Penticton, Prince George, Rossland, Salmon Arm, Smithers, Terrace, Vernon or Williams Lake registry.
[en. B.C. Reg. 9/2003, s. 1.]
Rule 6 (1) (d) (ii) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(ii) the financial statement and all applicable documentation filed by the respondent under rule 4 (2), if applicable.
Rule 6 (3) (b), (i) and (j) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(b) make an interim order under section 9 of the Family Relations Act;
(i) with consent of the parties, refer the matter to private mediation;
(j) hear evidence and make an interim or final order for spousal or parental maintenance or for child custody, access, guardianship or maintenance;
Rule (3) (c) (i) and (iii) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(i) make an order requiring the party to file that financial information with the registry within a set time,
(iii) make an interim order under section 9 of the Family Relations Act, and
Rule 6 (4) (c) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(c) make an interim order under section 9 of the Family Relations Act;
Rule 6 (5) (b) and (d) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(b) a person designated by the Attorney General to provide specialized maintenance assistance;
(d) mediation with a private mediator;
Rule 6 (7) (a) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(a) ask to appear before a judge on one or more issues in the case by filing in the registry a referral request in Form 6;
Rule 6 (10) (c), (d) and (g) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(c) for the purpose of making an order for child, spousal or parental maintenance, hear submissions on the respondent's probable income;
(d) make an interim order under section 9 of the Family Relations Act;
(g) if the respondent was served with a summons for the court appearance or was present in court when the date for the court appearance was set, issue a warrant in Form 8 for the arrest of the respondent.
Rule 6 (11) (b) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(b) a justice cancels the warrant.
Rule 6 (12) and (13) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
After respondent is arrested
(12) A respondent who is arrested under a warrant must be brought before a justice as soon as practicable.
Release of respondent
(13) The justice must release the respondent on giving the respondent a release in Form 9 requiring the respondent to appear in court on the date and at the time and place stated in the release.
Rule 6 (15) (a) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(a) issue a warrant in Form 8 for the arrest of the respondent and order that the respondent be brought to a judge promptly on that arrest, or
Rule 6, subrule 11, 12, 13 and 15 (a) BEFORE amended by BC Reg 122/2014, effective June 23, 2014.
How long a warrant for arrest is in force
(11) A warrant under subrule (10) (g) remains in force until
(a) the respondent named in the warrant appears in court either voluntarily or under the warrant, or
After respondent is arrested
(12) A respondent who is arrested under a warrant must be brought before a judge as soon as practicable.
Release of respondent
(13) The judge must release the respondent on giving the respondent a release in Form 9 requiring the respondent to appear in court on the date and at the time and place stated in the release.
If respondent does not comply with release
(15) If the respondent does not appear in court on the date and at the time stated on the release, the judge may
(a) issue a warrant for arrest in Form 8 for the arrest of the respondent and order that the respondent be brought to a judge promptly on that arrest, or
Rule 6 (15) (a) BEFORE amended by BC Reg 219/2015, effective November 26, 2015.
(a) issue a warrant for arrest in Form 8 for the arrest of the respondent and order that the respondent be brought to a justice promptly on that arrest, or
Rule 6 (2) BEFORE amended by BC Reg 61/2019, effective May 13, 2019.
Subrule (1) does not apply
(2) Subrule (1) does not apply to proceedings to which rule 5 applies.
Rule 7 (1) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Family case conferences for child custody, access and guardianship issues
(1) If child custody, access or guardianship are contested, a judge may order the parties to attend a family case conference.
Rule 7 (4) (c), (d) and (e) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(c) with consent of the parties, refer any issues to mediation with a private mediator;
(d) if the regional manager has advised the court in writing that the person or program is readily available to the parties, refer the parties to a family justice counsellor or to a person designated by the Attorney General to provide specialized maintenance assistance;
(e) adjourn the case for purposes of mediation under paragraph (c) or a referral under paragraph (d);
Rule 8 (4) (b) and (d) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(b) order a party to deliver to the other parties a written summary of the proposed evidence of a witness within a set time;
(d) order the parties to file with the registry a statement of agreed facts, within a set time;
Rule 9 (1), (2), (3), (4), (5), and (10) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Serving documents
(1) Subject to the exceptions set out in subrule (2), documents may be served by delivering the documents as follows:
(a) on a party, other than the Director of Maintenance Enforcement,
(i) by leaving the documents with the party's lawyer or having a person who is at least 19 years of age, other than the serving party, leave the documents with the party to be served,
(ii) by mailing the documents to the last address for service provided by that party under subrule (4) or (5), or
(iii) if the address for service provided by that party includes a fax number, by transmitting the documents to that fax number together with a fax cover-page in Form 10;
(b) on the Director of Maintenance Enforcement, by mailing the documents to the post office box number provided by the director;
(c) on any other person, by leaving the documents with the person or by mailing the documents by double registered mail to that person's postal address.
When subrule (1) does not apply
(2) Subrule (1) does not apply in the case of a summons, a subpoena, an application in Form 1, 2, 21 or 22 or a request in Form 23.
[Forms 1 and 2 concern applications for custody, access, guardianship, maintenance, restraining orders, orders prohibiting interference with a child and applications to change or cancel existing orders or agreements filed under the Family Relations Act. These forms must be served personally on the respondent (see rule 2 (3) to (5)).]
[Form 21 concerns applications to authorize peace officer enforcement of existing custody orders under section 36 of the Family Relations Act. These applications are brought without notice to other persons.]
[Form 22 concerns applications to recognize custody and access orders made by courts outside of British Columbia and these application forms must be served personally on the respondents (see rule 16 (4)).]
[Form 23 is related to enforcing existing maintenance orders and is a request to the court for issuance of a summons, warrant or garnishing order. These applications are generally made without notice to the person against whom the summons or warrant will be issued or against whom the order will be made.]
Service of summons
(3) Unless a judge grants permission to use a different method of service under subrule (7), a summons (Form 7) issued under rule 6 (4) (e) or (10) (f) must be served on the respondent at least 3 days before the date of the hearing referred to in the summons as follows:
(a) a clerk may have it served on the respondent by mail or fax or personally by a peace officer or any adult other than the applicant;
(b) the applicant may have it served on the respondent personally by any adult other than the applicant.
Party must give address
(4) Each time a party files a document with the registry, the party must provide in the document the party's current address for service.
Party must notify of change of address
(5) If a party's address for service changes, the party must promptly file with the registry a notice of change of address in Form 11 and serve a copy of the notice on the other parties.
Proof of service
(10) If an affidavit or certificate referred to in the following paragraphs is completed in accordance with the instructions on the applicable form and is filed in the registry, the affidavit or certificate is proof of service of the document to which the affidavit or certificate relates:
(a) in relation to a document served by mail or fax, an affidavit of service in Form 13;
(b) in relation to a document served personally by an individual other than a peace officer, an affidavit of personal service in Form 5;
(c) in relation to a document served personally by a peace officer, a certificate of service in Form 14.
Rule 9 (1) (a) (iv) and (12) were added by BC Reg 132/2012, effective March 18, 2013.
Rule 9 (2) (part) BEFORE amended by BC Reg 219/2015, effective November 26, 2015.
When subrule (1) does not apply
(2) Subrule (1) does not apply in the case of a summons, a subpoena, an application in Form 1, 2 or 22 or a request for court enforcement under the Family Maintenance Enforcement Act in Form 23.
Rule 9 (10) (b) BEFORE amended by BC Reg 219/2015, effective November 26, 2015.
(b) in relation to a document served personally by a person who is at least 19 years of age other than a peace officer, an affidavit of personal service in Form 5;
Rule 9 (10) (b.1) was added by BC Reg 219/2015, effective November 26, 2015.
Rule 10 (6) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(6) A judge may issue a warrant in Form 8 for the arrest of a witness who does not appear in court as required by a subpoena if the judge is satisfied that
Rule 10 (9) (b) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(b) order a sheriff or peace officer to detain the witness in custody until the witness' presence is no longer required.
Rule 11 (1) (a) (i) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(i) by filing with the registry a consent to the adjournment signed by all parties, or
Rule 11 (1.1) and (1.2) were added by BC Reg 132/2012, effective March 18, 2013.
Rule 11 (2) (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Permission required to call person who prepares court-ordered report
(2) If a party wishes to call as a witness at trial the person who prepared a report ordered by a judge under section 15 of the Family Relations Act,
Rule 11 (2) (a) (i) BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.
(i) serve a copy of the report on each other party under section 15 (3) of that Act, and
Rule 11 (9) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(9) If the regional manager has advised the court in writing that specialized maintenance assistance is readily available to the court, a judge may at any time during a trial refer calculation of child maintenance to a person designated by the Attorney General to provide such assistance and require that the calculation be referred back to the judge.
Rule 11 (1.1) and (1.2) were added by BC Reg 132/2012, effective March 18, 2013.
Rule 12 (1) (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Applications to be made by notice of motion
(1) If a person seeks an order or direction from a judge, the person must
Rule 12 (1) (a) (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(a) file with the registry the original and 3 copies of
Rule 12 (4) (b) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(b) make any order requested in the notice of motion if the judge thinks it is fair to do so in that party's or person's absence.
Rule 12 (5) and (6) were added by BC Reg 132/2012, effective March 18, 2013.
Rule 12 (1) (b) (ii) BEFORE amended by BC Reg 40/2013, effective March 18, 2013.
(ii) if the order sought relates to the production of a record in the possession or control of a person who is not a party, on that person.
Rule 12 (1) (b) (iii) was added by BC Reg 40/2013, effective March 18, 2013.
Rule 12 (3) BEFORE amended by BC Reg 40/2013, effective March 18, 2013.
(3) Evidence may be given in support of a motion
Rule 13 (4) (a) and (b) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(a) the affidavit and 3 copies of it are filed with the registry, and
(b) a filed copy of the affidavit is delivered to each party at least 7 days before the date of the trial or hearing or such other period as the court may order under rule 20 (2).
Rule 14 (1) and (2) (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Consent order
(1) If at any time in the course of proceedings the parties wish to apply for an order that the parties consent to, the parties must file with the registry
(a) a request in Form 18,
(b) a consent in Form 19,
(c) a draft consent order in Form 20 containing the particulars of the order sought, and
(d) any affidavits in support of the order.
Judge may sign consent order or require parties to attend
(2) A clerk must place the request, draft consent order and supporting documents before a judge who may
Rule 14 (1.1) and (4) were added by BC Reg 132/2012, effective March 18, 2013.
Rule 14 (1.1) BEFORE amended by BC Reg 40/2013, effective March 18, 2013.
Consent order without appearing in court
(1.1) The parties may apply for an order by consent without appearing before a judge by filing all of the following:
(a) a request in Form 18;
(b) a consent in Form 19;
(c) a draft consent order in Form 20 containing the particulars of the order sought;
(d) one or more affidavits in support of the order.
[en. B.C. Reg. 132/2012, s.18 (a).]
Rule 15 BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.
Rule 15 - Paternity Tests
Definition
(1) In this rule, "paternity tests" include human leukocyte antigen tissue tests and tests of the deoxyribonucleic acid (DNA) in tissue or blood to identify the inheritable characteristics of the tissue or blood.
Judge may order samples to be taken for paternity test
(2) If the parentage of a child is denied in a proceeding for a maintenance order for the child, a judge may order putative parents and the child to have tissue or blood samples, or both, taken by a medical practitioner or other qualified person so that paternity tests can be done on the samples.
Order may include conditions
(3) An order under subrule (2) may include any terms or conditions the judge thinks proper and may require a putative parent to pay all or part of the cost of the paternity tests.
Evidence of the test results
(4) The results of paternity tests done under subrule (2) may be introduced as evidence.
Consequences of not complying
(5) If a putative parent named in an order under subrule (2) fails to comply with the order, the judge may draw any inference from that failure that the judge considers appropriate.
Application by notice of motion
(6) An application for an order under subrule (2) must be brought by notice of motion under rule 12.
Rule 16 heading BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Rule 16 - Applying for Enforcement of Custody Orders
or for Recognition of Custody and Access Orders
Rule 16 (1) and (2) BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.
How to apply to enforce a custody order
(1) To apply to the court under section 36 of the Family Relations Act for an order authorizing a peace officer to apprehend a child for the purposes of enforcing a custody order, a person must complete an application in Form 21 and file it in a registry, together with a certified copy of the custody order as proof of the order.
How an applicant is told about court appearance
(2) A clerk will notify the applicant under subrule (1) of the date, time and place for the court appearance.
Rule 16 (2.1) was added by BC Reg 132/2012, effective March 18, 2013.
Rule 16 (3), (4) and (5) (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
How to apply for recognition of an extraprovincial custody order or access order
(3) To apply to the court under section 48 of the Family Relations Act for an order recognizing a custody or access order made by an extraprovincial tribunal, a person must complete an application in Form 22 and file it in a registry, together with 3 copies of it and a certified copy of the custody or access order as proof of the order.
Personal service of application, not by the applicant
(4) Unless a judge grants permission to use a different method of service under rule 9 (7), the applicant under subrule (3) must have a filed copy of the application served personally on the respondent by a person, other than the applicant, who is at least 19 years of age.
Other rules that apply
(5) The following rules apply to proceedings begun by an application under subrule (1) or (3):
Rule 16 (5) (g) BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.
(g) rule 15 [paternity tests];
Rule 17 (1), (2) (part), (3) (part), (6) and (8) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Definition
(1) In this rule, "applicant" includes
(a) a creditor or debtor as defined in the Family Maintenance Enforcement Act,
(b) the Director of Maintenance Enforcement, if the application relates to an order that is filed with the director, and
(c) anyone else who is entitled to bring or defend an application under that Act.
How to apply for a summons, warrant or garnishing order
(2) To apply to the court for issuance of any of the following under the Family Maintenance Enforcement Act, an applicant must complete a request in Form 23:
How to apply for other orders
(3) To apply to the court for any of the following under the Family Maintenance Enforcement Act, an applicant must complete a notice of motion in Form 24:
If a respondent served with a summons does not appear
(6) If a respondent who is served with a summons issued under subrule (2) does not appear in court as required by the summons, the judge may issue a warrant in Form 8 for the arrest of the respondent.
Method of service on respondent
(8) Unless a judge grants permission to use a different method of service under rule 9 (7), an applicant under subrule (3) must have a filed copy of the notice of motion and any accompanying documents served on the respondent by mail or fax or personally by any adult other than the applicant.
Rule 17 (2) (c) and (e) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(c) a summons in Form 7A to a default hearing under section 19 of the Act;
(e) a summons in Form 7B to a committal hearing under section 23 (1) of the Act;
Rule 17 (3) (a) and (n) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(a) an order for access to information under section 9 of the Act;
(n) an order that the Director of Maintenance Enforcement direct the Insurance Corporation of British Columbia to disregard a notice not to issue or renew the driver's licence of a debtor under section 29.2 (2) of the Act.
Rule 17 (4) (a) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(a) the completed form, and
Rule 17 (5) (a) and (b) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(a) a clerk may have them served on the respondent by mail or fax or personally by a peace officer or any adult other than the applicant;
(b) the applicant may have them served on the respondent by mail or fax or personally by any adult other than the applicant.
Rule 18 (2), (4) (part) and (7) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Successful party prepares the order
(2) Unless the judge orders otherwise, if the party in whose favour an order is made is represented by a lawyer, the party's lawyer must, as soon as practicable, prepare the order
(a) in Form 25, if the order is a restraining order made under section 37 of the Family Relations Act or section 46 of the Family Maintenance Enforcement Act, or
(b) in Form 26, in any other case.
Approving the form of the order
(4) Unless a judge orders otherwise, an order that is prepared by a party's lawyer and is not made by consent under section 10 of the Family Relations Act must be signed as approved
Notice of order
(7) Unless the judge orders otherwise, after an order is signed by the judge and filed with the court, a clerk must provide a filed copy of the order to the parties or their lawyers.
Rule 18 (6) (a) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(a) it must be delivered to the registry to be signed by a judge, filed with the court and date stamped with the registry stamp, and
Rule 18 (3.1) was added by BC Reg 132/2012, effective March 18, 2013.
Rule 18 (4) (part) BEFORE amended by BC Reg 122/2014, effective June 23, 2014.
Approving the form of the order
(4) Unless a judge orders otherwise, an order that is prepared by a party's lawyer and is not made by consent under section 219 of the Family Law Act must be signed as approved
Rule 18 (2) and (4) BEFORE amended by BC Reg 219/2015, effective November 26, 2015.
Successful party prepares the order
(2) Unless the judge orders otherwise, if the party in whose favour an order is made is represented by a lawyer, the party's lawyer must, as soon as practicable, prepare the order.
Approving the form of the order
(4) Unless a judge orders otherwise, an order, other than a protection order under Part 9 of the Family Law Act, that is prepared by a party's lawyer and is not made by consent under section 219 of that Act must be signed as approved
Rule 18 (2.1) and (6.1) were added by BC Reg 219/2015, effective November 26, 2015.
Rule 18.1 (1) (a) BEFORE amended by BC Reg 122/2014, effective June 23, 2014.
(a) file with the court the original and 3 copies of an affidavit in Form 34 that complies with subrule (4) and serve a copy of that filed affidavit on the other parties and on any other person who may be affected by the orders sought, and
Rule 18.1 (4) (b) (ii) BEFORE amended by BC Reg 122/2014, effective June 23, 2014.
(ii) any records check, criminal records check or protection order records check attached as an exhibit to the affidavit must be dated not more than 60 days before the date on which the materials in support of the application are filed.
Rule 19 heading BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Rule 19 - Transfer of Files
Rule 19 (1), (2), (4), (5) and (6)BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Judge may order transfer of files
(1) On application by notice of motion to a judge under rule 12, the judge may order that a file be transferred to another registry.
Where to make the application
(2) The transfer application must be made in the registry where the file is located or, if the application relates to an order or agreement referred to in rule 2 (2), the applicant must apply to a judge at the registry where the order or agreement is filed.
What the judge must consider
(4) Before granting permission to transfer a file to another registry or to file an application at another registry, the judge must consider
(a) the balance of convenience, and
(b) any special circumstances that exist.
Transfer of file by consent
(5) A clerk may transfer a file to another registry for the purposes of all or any part of the proceedings, if the parties
(a) complete a consent to the transfer in Form 27, and
(b) file the consent in the registry where the file is located.
Transfer of file without order or consent
(6) A clerk may transfer a file to another registry, for the purposes of one application or for all purposes, if
(a) only one of the parties, other than the Director of Maintenance Enforcement, resides in British Columbia, and
(b) the party residing in British Columbia files with the registry a written request for the transfer.
Rule 20 (4), (9), (10) and (12) BEFORE amended by BC Reg 132/2012, effective December 13, 2013.
Changing or cancelling orders made in the absence of a party
(4) A judge may change or cancel an order made in the absence of a person, or made when the person failed to file a reply, if
(a) there is a good reason for changing or cancelling the order, and
(b) that person applies by notice of motion to a judge under rule 12 within a reasonable time and attaches to the application an affidavit containing
(i) the reason the person did not file a reply or attend before the court when required,
(ii) the reason for any delay if there has been delay in filing the application, and
(iii) the facts that support the application.
Confidentiality of financial information
(9) A person must not disclose any information contained in a record filed under rule 4 [financial information] except to the extent necessary for the purposes of an application under the Family Relations Act.
Who can search files
(10) No one is entitled to search a registry file respecting an application under the Family Relations Act, an agreement filed under section 121 of that Act or an application under the Family Maintenance Enforcement Act except
(a) a party,
(b) a party's lawyer,
(c) a person who is named in the application as a respondent or who is named as a party to the agreement, as the case may be,
(d) a family justice counsellor, or
(e) a person authorized by a judge.
Filing an agreement for enforcement
(12) A copy of a written agreement referred to in section 121 (2) of the Family Relations Act may be filed in a registry and, if the agreement was made before July 1, 1995, a consent of the parties, in Form 28, must be filed with the agreement.
Rule 20 (14) BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.
Transition
(14) For the purpose of proceedings commenced before December 1, 1998, the Provincial Court (Family) Rules, as they read before that date, apply.
Rule 21 (1) definition of "designated registry" BEFORE amended by BC Reg 270/2010, effective October 1, 2010.
"designated registry" means the following registries: Abbotsford, Chilliwack, Kamloops, Kelowna, Nanaimo, New Westminster, North Vancouver, Port Coquitlam, Prince George, Richmond, Surrey, Vancouver (Robson Square) and Victoria;
Rule 21 (1) definition of "program" BEFORE amended by BC Reg 111/2012, effective July 1, 2012.
"program" means the Parenting after Separation Program operated by the Family Justice Services Division of the Ministry of Attorney General;
Rule 21 (2), (4) (part), (5), (6) and (9) BEFORE amended by BC Reg 111/2012, effective July 1, 2012.
Purpose
(2) The purpose of this rule is to promote the best interests of children by providing a program of information, the Parenting after Separation Program, to persons in dispute over issues respecting children.
[en. B.C. Reg. 102/2001, s. 3.]
Parties in some cases need not attend
(4) None of the parties need attend the program if one of the parties files a request for the purpose of exemption in Form 31 and
A party who has already attended
(5) A party need not attend the program if that party files a request for the purpose of exemption in Form 31 correctly stating that the party has attended and completed the program in the 24 months immediately preceding the date of filing the declaration.
[en. B.C. Reg. 102/2001, s. 3.]
A party who is unable to attend the program
(6) A party is exempt from this rule if the party provides to the program administrator a request for the purpose of exemption in Form 31 that correctly states one of the following reasons:
(a) the party is not fluent in a language in which the program is offered;
(b) the party resides in a community where the program is not offered;
(c) the party is incapable of attending due to a serious medical condition.
[en. B.C. Reg. 102/2001, s. 3.]
Both parties must attend program before court appearance
(9) If this rule applies, but subject to subrules (4), (5), (6) and (7), both the applicant and respondent must attend the program and must file in the registry a Certificate of Attendance on or before the date of the first court appearance.
[en. B.C. Reg. 102/2001, s. 3.]
Rule 21 (3) (a) to (d) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(a) for child custody, access or guardianship;
(b) for child maintenance;
(c) to change or cancel an order for anything listed in paragraph (a) or (b);
(d) to change or cancel an agreement for child custody, access or guardianship or child maintenance that was filed under the Family Relations Act.
Rule 21 (4) (c) and (d) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(c) the application is for child support only and a party has assigned child maintenance rights to the government under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act, or
(d) the application is made under the Interjurisdictional Support Orders Act.
Rule 21 (4) (e) was added by BC Reg 132/2012, effective March 18, 2013.
Rule 21 (7) (a) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
(a) a party has applied for an order under section 37 or 38 of the Family Relations Act, or
Rule 21 (8) and (9) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
One party must attend program before date set
(8) Subject to subrules (4), (5), (6) and (7), a date for a first court appearance will not be set until either the applicant or respondent files a Certificate of Attendance.
[en. B.C. Reg. 102/2001, s. 3; am. B.C. Reg. 132/2012, s. 7.]
Both parties must attend program before court appearance
(9) If this rule applies, but subject to subrules (4), (5), (6) and (7), both the applicant and respondent must attend a program and must file a Certificate of Attendance on or before the date of the first court appearance.
[en. B.C. Reg. 102/2001, s. 3; am. B.C. Regs. 111/2012, s. 1 (e); 132/2012, s. 7.]
Rule 21 (1) definition of "Certificate of Attendance" BEFORE amended by BC Reg 27/2013, effective March 18, 2013.
"Certificate of Attendance" means a certificate issued on behalf of the Ministry of Attorney General attesting that the person named has attended at a Parenting after Separation Program;
Rule 21 (1) definition of "Certificate of Attendance" and "program" BEFORE amended by BC Reg 99/2018, effective May 18, 2018.
"Certificate of Attendance" means a certificate issued on behalf of the Ministry of Justice attesting that the person named has attended at a Parenting after Separation Program;
"program" means a Parenting after Separation Program operated by the Family Justice Services Division of the Ministry of Justice;
Rule 21 (1) definition of "designated registry" BEFORE amended by BC Reg 61/2019, effective May 13, 2019.
"designated registry" means the following registries: Abbotsford, Campbell River, Chilliwack, Courtenay, Kamloops, Kelowna, Nanaimo, New Westminster, North Vancouver, Penticton, Port Coquitlam, Prince George, Richmond, Surrey, Vancouver (Robson Square), Vernon and Victoria;
Rule 21 (1) definition of "designated registry" BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
"designated registry" means the following registries: Abbotsford, Campbell River, Chilliwack, Courtenay, Kamloops, Kelowna, Nanaimo, New Westminster, North Vancouver, Penticton, Port Coquitlam, Prince George, Richmond, Surrey, Vancouver (Robson Square) and Vernon;
Rule 22 (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
Appendix A, Form 1 BEFORE re-enacted by BC Reg 132/2012, effective March 18, 2013.
Form 1 (Rule 2 (1) )
APPLICATION TO OBTAIN AN ORDER
Court File No`. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
Filed by:
Name .................................................................................. Date of birth ........................... (APPLICANT)
Address for service....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
Notice to:
Name ....................................................................................Date of birth ...................... (RESPONDENT)
Address for service ....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
IMPORTANT NOTE TO RESPONDENT:
If this application contains a claim for maintenance, you are required to file financial information with your reply. If you do not, the court may attribute income to you and set the amount of maintenance to be paid. The applicant has estimated your gross annual income as set out in item3 below.
I am applying for:
[ ] custody [ ] guardianship [ ] access
[ ] maintenance for a child [ ] spousal maintenance [ ] parental maintenance
[ ] an order prohibiting the respondent from interfering with the child(ren) and/or ................................[name]...........................
[ ] an order restraining the respondent from harassing the child(ren) and/or ................................[name]...........................
[ ] other order (specify)
...............................................................................................................
1 — Orders and agreements
Are there any court orders or written agreements between the parties concerning separation, custody, access or maintenance?
[ ] No orders [ ] I am attaching copies of all other orders
[ ] No written agreements [ ] I am attaching copies of all other written agreements
2 — Children (complete if you are asking for custody, access, or child maintenance or a restraining order)
| Name(s) of child(ren) | Birthdate(s) |
My relationship to the child(ren) is .............................................................................
The respondent's relationship to the child(ren) is .........................................................
The present custody arrangements for the child(ren) are: ..................................................
......................................................................................................................................................................
(If applying for access) I am asking for access to the child(ren) as follows: ..................................................
......................................................................................................................................................................
3 — Maintenance (complete if you are asking for child or spousal maintenance)
The current maintenance arrangements are:
......................................................................................................................................................................
I believe that the respondent's gross annual income is $................... because ..............................................
......................................................................................................................................................................
......................................................................................................................................................................
I am asking for: (complete only if you are asking for child maintenance)
[ ] maintenance in the amount set out in the Child Support Table for ..........[number]......... children
[ ] special or extraordinary expenses, as follows:
....................................................................................................................................
....................................................................................................................................
Information for Applicant and Respondent
If this application contains a claim for maintenance, you must complete Form 4, following the instructions on that form, if:
• there is a claim for spousal or parental maintenance, or
• there is a claim for child maintenance and one or more of the following applies:
• you are the person being asked to pay;
• the claim is for an amount other than the amount set out in the tables of the Child Support Guidelines;
• there is a claim of undue hardship;
• there is a claim for special or extraordinary expenses;
• the parents have split custody (that is, there are 2 or more children and each parent has sole custody of at least one child);
• the parents have shared custody (that is, each parent exercises access to or has physical custody of a child for not less than 40% of the time over the course of a year);
• one or more of the children for whom maintenance is claimed is of the age of majority (19 years in B.C.) or older;
• the person who is being asked to pay is not a biological or adoptive parent of the child but has acted as a parent to one or more of the children for whom maintenance is claimed.
You may also provide this financial information before receiving the respondent's reply, in order to avoid delay, if you believe that the income of a respondent from whom child maintenance is claimed is over $150 000 per year or that the respondent will claim undue hardship, special or extraordinary expenses or make a counterclaim for maintenance.
4 — Restraining Orders (complete if you are asking for a restraining order)
I am asking for an order prohibiting the respondent from interfering with or harassing the child(ren) and/or myself because .............................................................................................................................................
Note to respondent: If you fail to file a reply within 30 days of being served with this application you will not receive notice of any part of the proceeding and the court may make an order against you.
Dated ......[mmm/dd/yyyy]...... Signature ..................................................................
.........................................................................
Name of applicant's lawyer
Appendix A, Form 2 BEFORE re-enacted by BC Reg 132/2012, effective March 18, 2013.
Form 2 (Rule 2 (2) )
[am. B.C. Reg. 159/2003, s. 4.]
APPLICATION TO CHANGE OR CANCEL AN ORDER
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
Filed by:
Name .................................................................................. Date of birth ........................... (APPLICANT)
Address for service....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
Notice to:
Name ....................................................................................Date of birth ...................... (RESPONDENT)
Address for service ....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
and to:
| [ ] Director of Maintenance Enforcement | [ ] Minister under the Employment and Assistance Act, or the Employment and Assistance for Persons with Disabilities Act |
IMPORTANT NOTE TO APPLICANT AND RESPONDENT:
If this claim involves an order for maintenance, you may be required to file financial information with your reply. If you do not, the court may attribute income to you and set the amount of maintenance to be paid.
[ ] I ask that the attached order1 dated ......[mmm/dd/yyyy]...... be cancelled.
Or
[ ] I ask that the attached order1 dated ......[mmm/dd/yyyy]...... be changed to the following:
Or
[ ] I ask that arrears of maintenance be cancelled or reduced as follows:
......................................................................................................................................................................
......................................................................................................................................................................
Since the order dated ......[mmm/dd/yyyy]...... was made, circumstances have changed as follows:
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
Notice to respondent:If you fail to file a reply within 30 days of being served with this application you will not receive notice of any part of the proceeding and the court may make an order against you.
Dated ......[mmm/dd/yyyy]...... Signature ..................................................................
.........................................................................
Name of applicant's lawyer
(*"Order" includes a written agreement filed under the Family Relations Act (section 121) )
Appendix A, Form 2, new text was added after "[ ] I ask that the attached agreement dated ......[mmm/dd/yyyy]...... be replaced. Or" by BC Reg 122/2014, effective June 23, 2014.
Appendix A, Form 3 BEFORE re-enacted by BC Reg 132/2012, effective March 18, 2013.
Form 3 (Rule 3 (1) and (5) )
REPLY
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
To:
Name ................................................................................................................................... (APPLICANT)
Address for service....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
From:
Name ............................................................................................................................... (RESPONDENT)
Address for service ....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
IMPORTANT NOTE TO APPLICANT:
If the respondent's reply includes a claim for maintenance and you, the original applicant, do not file the required financial information with your reply, the court may attribute income to you and set the amount of maintenance to be paid. The respondent has estimated your gross annual income as set out in item2 below.
Agreement with application:
I agree with the request(s) of the applicant for:
[ ] custody [ ] guardianship [ ] access
[ ] maintenance for a child [ ] spousal maintenance [ ] parental maintenance
[ ] a change in or cancellation of an earlier order
[ ] other order (specify) ...................................................................................................
I wish to make the following comments regarding the request(s) even though I agree:
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
Disagreement with application:
I disagree with the request(s) of the applicant for:
[ ] custody [ ] guardianship [ ] access
[ ] maintenance for a child [ ] spousal maintenance [ ] parental maintenance
[ ] a change in or cancellation of an earlier order
[ ] other order (specify) ...................................................................................................
I disagree because:
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
Respondent's own application
I wish to make application for the following:
[ ] custody [ ] guardianship [ ] access
[ ] maintenance for a child [ ] spousal maintenance [ ] parental maintenance
[ ] a change in or cancellation of an earlier order
[ ] an order that arrears under the Family Relations Act be cancelled or reduced
[ ] other order (specify) ...................................................................................................
1 — Children(complete if you are asking for custody, access or child maintenance)
| Name(s) of child(ren) | Birthdate(s) |
2 — Maintenance(complete if you are asking for child or spousal maintenance)
I believe that the applicant's gross annual income is $................... because..............................................
......................................................................................................................................................................
......................................................................................................................................................................
3 — Restraining Orders(complete if you are asking for a restraining order)
I am asking for an order prohibiting the applicant from interfering with or harassing the child(ren) and/or myself because .............................................................................................................................................
Dated ......[mmm/dd/yyyy]...... Signature ..................................................................
.........................................................................
Name of respondent's lawyer
Appendix A, Form 4 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Form 4 (Rule 4)
[am. B.C. Reg. 159/2003, s.5.]
FINANCIAL STATEMENT
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
I, ................................................................................[name].......................................................................,
Address for service....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
swear or affirm that:
1 The information set out in this financial statement is true, to the best of my knowledge.
2 I have made complete disclosure in this financial statement of (check applicable boxes)
[ ] my income, including benefits and adjustments, if any, in Part 1,
[ ] my expenses, in Part 2,
[ ] my assets and debts, in Part 3.
3 [ ] I do not anticipate any significant changes in the information set out in this financial statement.
Or
[ ] I anticipate the following significant changes in the information set out in this financial statement: ............................................................................................................................................
| SWORN OR AFFIRMED BEFORE ME | ) | |
| at ..........[city etc.].........., British Columbia | ) | |
| on ......[mmm/dd/yyyy]...... | ) | ......................................................................... |
..................................................................
A commissioner for taking affidavits
for British Columbia
For the purposes of this form:
"social assistance" includes assistance within the meaning of the Employment and Assistance Act and the Employment and Assistance for Persons with Disabilities Act;
"support" includes maintenance.
PART 1 INCOME
Complete Part 1 if:
(a) there is a claim, either by you or against you, for spousal or parental support, or
(b) there is a claim, either by you or against you, for child support and you are required by the Child Support Guidelines to provide income information.
1 I am
[ ] employed as ................................... [describe occupation] ....................................................
by ....................................... [name and address of employer] ...................................................
[ ] self-employed ...................... [name and address of business] ................................................
[ ] unemployed since ......[mmm/dd/yyyy]......
2 I am paid
[ ] every 2 weeks [ ] twice a month [ ] monthly
[ ] other (specify) .........................................................................................................................
3 I have attached a copy of each of the applicable documents to my financial statement [check applicable boxes]
[ ] every personal income tax return I have filed for each of the three most recent taxation years, together with any attachments
[ ] every income tax notice of assessment or reassessment I have received for each of the three most recent taxation years
[ ] (if you are an employee) my most recent statement of earnings indicating the total earnings paid in the year to date, including overtime, or where such a statement is not provided by my employer, a letter from my employer setting out that information, including my rate of annual salary or remuneration
[ ] (if you are receiving Employment Insurance benefits) my three most recent EIC benefit statements
[ ] (if you are receiving Workers' Compensation benefits) my three most recent WCB benefit statements
[ ] (if you are receiving Social Assistance) a statement confirming the amount that I receive
[ ] (if you are self-employed) for the three most recent taxation years
(i) the financial statements of my business or professional practice, other than a partnership, and
(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom I do not deal at arm's length
[ ] (if you are a partner in a partnership) confirmation of my income and draw from, and capital in, the partnership for its three most recent taxation years
[ ] (if you control a corporation) for its three most recent taxation years
(i) the financial statements of the corporation and its subsidiaries, and
(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation and every related corporation does not deal at arm's length, and
[ ] (if you are a beneficiary under a trust) the trust settlement agreement and the trust's three most recent financial statements.
ANNUAL INCOME
If line 150 (total income) of your most recent federal income tax return sets out what you expect your income to be for this year, skip to total income (line A) and record the amount from line150 on lineA. Otherwise, record what you expect your income for this year to be from each source of income that applies to you. Record gross annual amounts unless otherwise stated.
| 1 | Employment income (include wages, salaries, commissions, bonuses, tips and overtime) | $___ |
| 2 | Other employment income | + $___ |
| 3 | Pension income (include CPP, Old Age Security, disability, superannuation and other pensions) | + $___ |
| 4 | Employment insurance benefits | + $___ |
| 5 | Taxable dividends from Canadian corporations | + $___ |
| 6 | Interest and other investment income | + $___ |
| 7 | Net partnership income: limited or non-active partners only | + $___ |
| 8 | Rental income Gross $ ____Net | + $___ |
| 9 | Taxable capital gains | + $___ |
| 10 | Child support | |
| (a) Total amount for children from another relationship or marriage a. $___* | ||
| (b) Total amount for children from this relationship or marriage b. $___* | ||
| (c) Taxable amount for children from another relationship or marriage | c. + $___ | |
| (d) Taxable amount for children from this relationship or marriage | d. + $___ | |
| 11 | Spousal support | |
| (a) From another relationship or marriage | a. + $___ | |
| (b) From this relationship or marriage | b. + $___ | |
| 12 | Registered retirement savings plan income | + $___ |
| 13 | Other income (include any taxable income that is not included on lines 1 to 17) | + $___ |
| 14 | Net self-employment income (include business, professional, commission, fishing and farming income) | + $___ |
| 15 | Workers' compensation benefits | + $___ |
| 16 | Total social assistance payments | + $___ |
| 17 | Net federal supplements | + $___ |
| A | Total income: | A = $___ |
(*do not add these items into the total at A)
TOTAL BENEFITS
List all allowances and amounts received and all non-monetary benefits from all sources, that are not included in total income [lineA]. You do not have to include here any Child Tax Benefit or BC Family Bonus that you receive for your children.
| B | Total benefits: | B = $.......... |
ADJUSTMENTS TO INCOME
Complete this section if:
(a) there is a claim, either by you or against you, for spousal or parental support, or
(b) there is a claim, either by you or against you, for child support and you are required by the Child Support Guidelines to provide income information.
| Deductions from Income: | |||
| 1 | Taxable amount of child support I receive | $___ | |
| 2 | Spousal support I receive from the other party | + $___ | |
| 3 | Union and professional dues | + $___ | |
| 4 | Other employment expenses (Refer toSchedule III of the Child Support Guidelines) | + $___ | |
| 5 | Social assistance I receive for other members of my household and included in my total income. | + $___ | |
| 6 | Dividends from taxable Canadian corporations | ||
| (a) Taxable amount of dividends | a. $___ | ||
| subtract (b) Actual amount of dividends | —b. $___ | ||
| Excess portion of dividends (a — b) | = $___ | + $___ | |
| 7 | Actual business investment losses during the year | + $___ | |
| 8 | Carrying charges and interest expenses paid and deductible under the Income Tax Act (Canada) | + $___ | |
| 9 | Prior period earnings | ||
| (a) If net self-employment income included in total income includes an amount earned in a prior period, the amount earned in the prior period | a. $___ | ||
| subtract (b) Reserves | —b. $___ | ||
| Prior period earnings (a — b) | = $___ | + $___ | |
| 10 | Portion of partnership and sole proprietorship income required to be reinvested | + $___ | |
| C | Total deductions from income: | C= $___ | |
Additions to Income:
| 1 | Capital gains | ||
| (a) Actual capital gains | a. $___ | ||
| subtract(b) Actual capital losses | —b. $___ | ||
| subtract(c) Taxable capital gains | —c. $___ | ||
| Total capital gains (a — b — c) | = $___ | $___ | |
| (If amount is zero or less than zero, record "0" on this line) | |||
| 2 | Payments to family members and other non-arm's length persons | ||
| (a) Salaries, benefits, wages or other payments to family members or other non-arm's length persons, deducted from self-employment income | a. $___ | ||
| subtract(b) Portion of payments necessary to earn self-employment income | —b. $___ | ||
| Non arm's length payments (a—b) | = $___ | + $___ | |
| 3 | Allowable capital cost allowance for real property | + $___ | |
| 4 | Employee stock options in Canadian-controlled private corporations exercised (If some or all of the shares are disposed of in the same year you exercise the option, do not include those shares in the calculation) | ||
| (a) Value of shares when options are exercised | a. $___ | ||
| subtract(b) Amount paid for shares | —b. $___ | ||
| subtract(c) Amount paid to acquire option to purchase shares | —c. $___ | ||
| Value of employee stock options (a — b — c) | = $___ | + $___ | |
| D | Total additions to income: | D = $___ | |
| OTHER ADJUSTMENTS TO INCOME — Spousal or Parental Support Complete this section only if there is a claim, either by you or against you, for spousal or parental support. | |||
| 1 | Total child support I receive | $___ | |
| 2 | Social assistance I receive for other members of my household | + $___ | |
| 3 | Child Tax Benefit | + $___ | |
| 4 | BC Family Bonus | + $___ | |
| E | Total other adjustments: | E = $___ | |
INCOME SUMMARY
Annual Income for a Child Support Claim
| Total income [from line A] | $___ | |
| subtract | Total deductions from income [from line C] | —$___ |
| add | Total additions to income [from line D] | + $___ |
| Annual income to be used for a Child Support Table amount | = $___ | |
| add | Spousal support received from the other party (if any) | + $___ |
| subtract | Spousal support paid to the other party (if any) | —$___ |
| Annual income to be used for a special or extraordinary expenses claim | = $___ | |
| Annual Income for a Spousal or Parental Support Claim | ||
| Total income [from line A] | $___ | |
| subtract | Total deductions from income [from line C] | —$___ |
| add | Total additions to income [from line D] | + $___ |
| add | Total other adjustments [from line E] | + $___ |
| Annual income to be used for a spousal or parental support claim | = $___ | |
| Total Benefits [from line B] | $___ | |
PART 2 EXPENSES
You do not have to complete Part 2 if the only support claimed is child support in the amount set out in the Child Support Tables and all children for whom support is claimed are under the age of majority (19 years in B.C.)
ANNUAL EXPENSES
Estimate your annual expenses:
| Compulsory deductions | Personal | |||
| CPP contributions | $___ | Clothing | $___ | |
| Employment insurance premiums | $___ | Hair care | $___ | |
| Income taxes | $___ | Toiletries, cosmetics | $___ | |
| Employee pension contributions to a Registered Pension Plan | $___ | Education (specify) | $___ | |
| Life insurance | $___ | |||
| Other (specify) | $___ | Dry cleaning/laundry | $___ | |
| Housing | Entertainment, recreation | $___ | ||
| Rent or mortgage | $___ | Alcohol, tobacco | $___ | |
| Property taxes | $___ | Gifts | $___ | |
| Homeowner's/Tenant's insurance | $___ | Other (specify) | $___ | |
| Water, sewer and garbage | $___ | Childrena | ||
| Strata fees | $___ | Child care | $___ | |
| House repairs and maintenance | $___ | Clothing | $___ | |
| Other (specify) | $___ | Hair care | $___ | |
| Utilities | School fees and supplies | $___ | ||
| Heat | $___ | Entertainment, recreation | $___ | |
| Electricity | $___ | Activities, lessons | $___ | |
| Telephone | $___ | Gifts | $___ | |
| Cable TV | $___ | Insurance | $___ | |
| Other (specify) | $___ | Other (specify) | $___ | |
| Household expenses | Savings for the future | |||
| Food | $___ | RRSP | $___ | |
| Household supplies | $___ | RESP | $___ | |
| Meals outside the home | $___ | Other (specify) | $___ | |
| Furnishings and equipment | $___ | Support payments to others | ||
| Other (specify) | $___ | (specify)b | ||
| Transportation | ||||
| Public transit, taxis | $___ | |||
| Gas and oil | $___ | Debt payments | ||
| Car insurance and licence | $___ | (specify) | ||
| Parking | $___ | |||
| Repairs and maintenance | $___ | |||
| Lease payments | $___ | |||
| Other (specify) | $___ | Other | ||
| Healtha | Charitable donations | $___ | ||
| MSP premiums | $___ | Vacation | $___ | |
| Extended health plan premiums | $___ | Pet care | $___ | |
| Dental plan premiums | $___ | Newspapers, publications | $___ | |
| Health care (net of coverage) | $___ | Reserve for income tax | $___ | |
| Drugs (net of coverage) | $___ | |||
| Dental care (net of coverage) | $___ | |||
| Other (specify) | $___ | F Total expenses | F = $___ |
| a | If you claim child support and special or extraordinary expenses, you must also complete Schedule 1. |
| b | List only the names of those for whom support is not claimed in this application. Indicate whether the payments are tax deductible to you and whether you make the payments under a court order or agreement. |
PART 3 ASSETS AND DEBTS
You do not have to complete Part 3 if the only support claimed is child support in the amount set out in the Child Support Tables and all children for whom support is claimed are under the age of majority (19 years in B.C.).
| Assets | |
| Real estate equity...................................................... | $___ |
| Market value: $___ | |
| Mortgage balance: $___ | |
| Cars, boats, vehicles................................................. | + $___ |
| Make and year:........................................................ | |
| Market value: $___ | |
| Loan balance: $___ | |
| Pension plans............................................................ | + $___ |
| Other property.......................................................... | + $___ |
| Bank or other account (include RRSPs)..................... | + $___ |
| Stocks and bonds...................................................... | + $___ |
| Life insurance (cash surrender value)....................... | + $___ |
| Money owing to me................................................... | + $___ |
| Name of debtor......................................................... | |
| Other....................................... (attach list if necessary) | + $___ |
| G Asset value total................................................. | G = $___ |
| Annual debt payments | |
| Credit card.............................................................. | $___ |
| Balance owing: $___ | |
| Date of last payment:................................................. | |
| Reason for borrowing:............................................... | |
| Bank or finance company....................................... (do not include amount owing on mortgage) | + $___ |
| Balance owing: $___ | |
| Date of last payment:................................................. | |
| Reason for borrowing:............................................... | |
| Department store................................................... | + $......... |
| Balance owing: $___ | |
| Date of last payment:................................................. | |
| Reason for borrowing:............................................... | |
| Other (attach list if necessary) | + $......... |
| Balance owing: $___ | |
| Date of last payment:................................................. | |
| Reason for borrowing:............................................... | |
| H Debt payment total.......................................... | H = $___ |
SCHEDULE 1 — SPECIAL OR EXTRAORDINARY EXPENSES
Complete if you claim special or extraordinary expenses as part of a child support claim.
| Name of child: | ||||
| Child care expenses | Gross Net* $....... $....... | Gross Net* $....... $....... | Gross Net* $....... $....... | Gross Net* $....... $....... |
| Medical/dental insurance premiums attributable to child | $....... | $....... | $....... | $....... |
| Health related expenses (over $100) | Gross Net* $....... $....... | Gross Net* $....... $....... | Gross Net* $....... $....... | Gross Net* $....... $....... |
| Extraordinary expenses for primary or secondary school | $....... | $....... | $....... | $....... |
| Post secondary education expenses | Gross Net* $....... $....... | Gross Net* $....... $....... | Gross Net* $....... $....... | Gross Net* $....... $....... |
| Extraordinary extracurricular expenses | $....... | $....... | $....... | $....... |
| Subtractcontributions from child | $....... | $....... | $....... | $....... |
| Total | $....... | $....... | $....... | $....... |
*To calculate the net amount, subtract from the gross amount subsidies, benefits, income tax deductions
or credits related to the expense. Give details below.
SCHEDULE 2 — UNDUE HARDSHIP
Complete if you plead undue hardship in respect of a child support claim.
| Responsibility for unusually high debts reasonably incurred to support the family prior to separation or to earn a living: | |||
| Owed to: | Terms of debt: | Monthly amount $___ $___ | |
| Unusually high expenses for exercising access to a child: | |||
| Details of expense: | Monthly amount $___ | ||
| Legal duty under a court order or separation agreement to support another person: | |||
| Name of person: | Relationship: | Nature of duty: | Monthly amount $___ $___ |
| Legal duty to support a child, other than a child for whom support is claimed in this application, who is: (a) under the age of majority (19 years in B.C.), or (b) the age of majority or over but unable to support himself or herself because of illness, disability or other cause: | |||
| Name of person: | Relationship: | Nature of duty: | Monthly amount $___ $___ |
| Legal duty to support a person who is unable to support himself or herself because of illness or disability: | |||
| Name of person: | Relationship: | Nature of duty: | Monthly amount $___ $___ |
| Other undue hardship circumstances: | |||
| Details of other undue hardship circumstances: | Monthly amount $___ | ||
SCHEDULE 3 — INCOME OF OTHER PERSONS IN HOUSEHOLD
| Complete this section if there is an undue hardship claim | |||
| Other person's name: | Annual income $___ $___ $___ $___ | ||
Appendix A, Form 6 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
[ ] attended with a private family mediator
Appendix A, Form 7 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
............................................................ has applied for an order under the Family Relations Act or the Family Maintenance Enforcement Act. The application is attached.
Appendix A, Form 8 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
To all peace officers in British Columbia:
This court orders you to arrest ......................................................[name]......................................................
.........................................................................[address]..............................................................................
and bring that person before a justice of the peace as soon as practicable.
Appendix A, Form 8 (parts) BEFORE amended by BC Reg 219/2015, effective November 26, 2015.
This court orders you to arrest ......................................................[name]......................................................
.........................................................................[address]..............................................................................
and bring that person before a judge as soon as practicable.
| by the Court or clerk on behalf of ................................... [name of judge].............................................. |
Appendix A, Form 11 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
I, .......................................[name]............................... wish to notify the court and the other parties that my address for service is now changed to:
Address ........................................................................................................................ City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
The change is effective as of ......[mmm/dd/yyyy]......
If a party's address for service changes, the party must promptly file in the registry a notice of change of address and serve a copy of the notice on the other parties.
Appendix A, Form 13 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
| [ ] Fax (attach a copy of Form 7) |
Appendix A, Form 16 BEFORE re-enacted by BC Reg 132/2012, effective March 18, 2013.
Form 16 (Rule 12 (1) )
NOTICE OF MOTION
Court File No. ..............................
Court Location ..............................
F.M.E.P. No. ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
Filed by:
Name ............................................................................................................................................................
Address for service....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
Notice to:
Name ............................................................................................................................................................
Address for service ....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
I, ..........................[name of person making application]................, will apply to this court at ....................................[court location]................................... on ......[mmm/dd/yyyy]......at ..........[time]..........a.m./p.m. for:
[ ] Permission to file in the court registry at: ................................................................................
[ ] An order transferring this file to the court registry at: .............................................................
[ ] An interim order under section 9 of the Family Relations Act as set out below.
[ ] A trial preparation conference.
[ ] An order cancelling a subpoena.
[ ] An order for the person named to produce records, as set out below.
[ ] An order for blood or tissue samples for paternity tests to be taken from the person named below.
[ ] Permission to use another service method, as set out below.
[ ] An order for service of .............................[name of document]............................... by a peace officer.
[ ] An order shortening or extending a "time limit", as set out below.
[ ] Directions on a procedural matter, as set out below.
[ ] An order for access to information under section 40 or 100 of the Family Relations Act.
[ ] An order settling the terms of an order.
[ ] An order changing as set out below, or cancelling, the attached order made in my absence.
[ ] Other order, as set out below.
Details of order(s) requested: ........................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
[ ] Any affidavits in support of this notice of motion are attached.
| Dated ......[mmm/dd/yyyy]...... | Signature .................................................................. |
.........................................................................
Name lawyer of party bringing the motion
Appendix A, Form 18 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Form 18 (Rule 14 (1) (a) )
Appendix A, Form 19 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Form 19 (Rules 4 (3) and 14 (1) (b) )
Appendix A, Form 20 (parts) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Form 20 (Rule 14 (1) (c) )
(For custody, access, guardianship and child maintenance orders, include the following):
(if applicable) THIS COURT ORDERS THAT:
(specify terms of custody, access and guardianship orders).
(For child maintenance orders, include the following):
(For child maintenance orders in the child support table amount include the following):
THIS COURT ORDERS THAT:
pursuant to the Family Relations Act and the .........[province]........ Child Support Table, ............[name]..................... (payor) must pay to .................[name].................. (recipient) the sum of $.................... per month for the support of the child(ren) ....................................[name(s) and birthdate(s) of child(ren)]............................., payable on the .............. day of each month, commencing ......[mmm/dd/yyyy]...... and continuing for so long as the child is a child as defined in the Family Relations Act.
(For child maintenance orders in other amounts)
Appendix A, Form 20, new text was added before "(if applicable) THIS COURT ORDERS THAT: (specify terms of orders for guardianship, parenting arrangements or contact with a child)." by BC Reg 122/2014, effective June 23, 2014.
Appendix A, Form 21 BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.
Form 21 (Rule 16 (1) )
APPLICATION TO ENFORCE A CUSTODY ORDER
Court File No. ..............................
Court Location ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
Filed by:
Name ................................................................................................................................... (APPLICANT)
Address ..................................................................................................... City ...........................................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
Notice to:
Name ............................................................................................................................... (RESPONDENT)
Address ..................................................................................................... City ...........................................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
I ask for the following:
[ ] permission to have this application heard without giving notice to the other party.
[ ] that the following child(ren) be apprehended by a peace officer and brought to me. A certified copy of the order awarding me custody is attached:
| Name(s) of child(ren) | Birthdate(s) of child(ren) | Current address (if known) | ||
| mmm | dd | yyyy | ||
| Name(s) of child(ren) | ||||
Below is a summary of the important facts:
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
| Dated ......[mmm/dd/yyyy]...... | Signature .................................................................. | ||
| ......................................................................... Applicant's lawyer | ........................................................................ Respondent's lawyer | ||
| (*"Order" includes a written agreement filed under the Family Relations Act (section 121) ) | |||
Appendix A, Form 22 BEFORE re-enacted by BC Reg 132/2012, effective March 18, 2013.
Form 22 (Rule 16 (3) )
APPLICATION TO RECOGNIZE A CUSTODY OR ACCESS ORDER
MADE BY AN EXTRAPROVINCIAL TRIBUNAL
Court File No. ..............................
Court Location ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
Filed by:
Name .............................................................................................................. (APPLICANT/CREDITOR)
Address ..................................................................................................... City ...........................................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
Notice to:
Name .............................................................................................................. (RESPONDENT/DEBTOR)
Address ..................................................................................................... City ...........................................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
An order was made on ......[mmm/dd/yyyy]...... at ...............................[Court location].....................................
I ask for the following:
[ ] recognition of a custody order made outside British Columbia. A certified copy of the custody order is attached.
[ ] recognition of an access order made outside British Columbia. A certified copy of the access order is attached.
| Dated ......[mmm/dd/yyyy]...... | Signature .................................................................. | |
| ......................................................................... Applicant's lawyer |
Appendix A, Form 23 (part) BEFORE amended by BC Reg 132/2012 effective March 18, 2013.
(*"Order" includes a written agreement filed under the Family Relations Act (section 121) )
Appendix A, Form 24 BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
[ ] an order that the Director of Maintenance Enforcement direct the Insurance Corporation of British Columbia to disregard a notice not to issue or renew the driver's licence of a debtor under section 29.2 (2) of the Family Maintenance Enforcement Act.
Notice to respondent: If you do not appear, the Court may make an order in your absence.
Appendix A, Form 25 BEFORE re-enacted by BC Reg 132/2013, effective March 18, 2013.
Form 25 (Rule 18 (2) (a) )
RESTRAINING ORDER
Court File No. ..............................
Court Location ..............................
In the Provincial Court of British Columbia
In the case between:
.....................................................................[name]......................................................................................
and
.....................................................................[name]......................................................................................
| BEFORE THE HONOURABLE JUDGE | ) | .............day, the .............. day |
| ) | of ........................., ....[yyyy].... | |
| ) |
| Persons appearing: | ........................................................ | Lawyer: ............................................................. |
| ........................................................ | Lawyer: ............................................................. |
[ ] Interim Order [ ] Final Order [ ] By Consent [ ] Without notice to others (ex parte)
(if applicable) [ ] After a hearing at .............[court location].............. the order dated ......[mmm/dd/yyyy]...... is changed as stated below;
THIS COURT ORDERS THAT:
...............................[name(s) of party(s)]............................ .........[mmm/dd/yyyy]........ is prohibited from entering any premises occupied by ................[name of party].................... or other person
| Name(s) of child(ren) | Birthdate(s) of child(ren) | ||
| mmm | dd | yyyy | |
or making contact with or interfering with any of them, until further order of this court.
THIS COURT FURTHER ORDERS THAT:
...............................[name(s) of party(s)]............................
[ ] pursuant to [ ] s. 37 (a) F.R.A. or [ ] s. 46 (a) F.M.E.A, is prohibited from molesting, annoying, harassing or communicating with either ..............................................[name of party]......................................... or the child(ren) named above, or attempting to molest, annoy, harass or communicate with any of them;
[ ] pursuant to s. 38 (1) (a) F.R.A., is prohibited from entering a premises where the child(ren) named above reside from time to time;
[ ] pursuant to s. 38 (1) (b) F.R.A., is prohibited from making contact or endeavoring to make contact with or otherwise interfering with either the child(ren) named above or .............................................[name of party]......................................... .
Further details of restraining order:
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
(complete if applicable) [ ] Order to expire on ......[mmm/dd/yyyy]......
| Checked by | ||
Dated ......[mmm/dd/yyyy]...... | .................................................................. by the Court | ................. Initials |
TAKE NOTICE THAT:
| 1 | (a) | Any peace officer including any R.C.M.P. officer having jurisdiction in the Province of British Columbia who finds the party ..............................[name(s) of party(s)]............................ breaching any of the terms of this restraining order may immediately arrest that party without warrant pursuant to s. 495 (1) (b) of the Criminal Code, and may cause that person to be detained in custody, and to be taken before a justice to be dealt with according to law. |
| (b) | Any peace officer including any R.C.M.P. officer having jurisdiction in the Province of British Columbia who on reasonable and probable grounds believes that the party ..............................[name(s) of party(s)]............................ has, in the past, breached any of the terms of this restraining order may arrest that party with a warrantobtained pursuant to s. 26 of the Offence Act, and may cause that person to be detained in custody, and to be taken before a justice to be dealt with according to law. |
Appendix A, Form 26 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Form 26 (Rule 18 (2) (b) )
[ ] Interim Order [ ] Final Order [ ] By Consent [ ] Without notice to others (ex parte)
Appendix A, Form 27 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
Dated .......[mmm/dd/yyyy]...... Signature of party......................................................
Address ..................................................................................................... City ...........................................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
Dated ......[mmm/dd/yyyy]...... Signature of party......................................................
Address ..................................................................................................... City ...........................................
Province .................... Postal Code ................................. Phone ................................... Fax ........................
Appendix A, Form 28 BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.
Form 28 (Rule 20 (12) )
CONSENT TO FILE AGREEMENT
In the Provincial Court of British Columbia
I, .................................................................................................................................................................., consent to the filing of the attached agreement in the Provincial Court of British Columbia and to the enforcement of all the provisions contained in the agreement for
(a) custody of or access to a child, or
(b) maintenance of a child or a spouse.
| SWORN OR AFFIRMED BEFORE ME | ) | |
| at ..........[city etc.].........., British Columbia | ) | |
| on ......[mmm/dd/yyyy]...... | ) | .............................................................................. |
.........................................................................
A commissioner for taking affidavits
for British Columbia
Appendix A, Form 31 after "Parenting after Separation Program Notice of Requirement and Exemption Form" under "For Applicants" and "For Respondents" BEFORE amended by BC Reg 270/2010, effective October 1, 2010.
For Applicants. If you are:
| — | applying for a child custody, access, guardianship or child support order in the Abbotsford, Chilliwack, Kamloops, Kelowna, Nanaimo, New Westminster, North Vancouver, Port Coquitlam, Prince George, Richmond, Surrey, Vancouver (Robson Square) or Victoria registry of the Provincial Court, or |
| — | applying to change an existing child custody, access, guardianship or child support order in these courts, |
the court requires you to attend a Parenting after Separation (PAS) session before you appear in court.
For Respondents. If you are named as the other party (respondent):
| — | in an application in the Abbotsford, Chilliwack, Kamloops, Kelowna, Nanaimo, New Westminster, North Vancouver, Port Coquitlam, Prince George, Richmond, Surrey, Vancouver (Robson Square) or Victoria registry of the Provincial Court, and |
| — | you wish to appear in court to respond to this application, |
Appendix A, Form 31, sections 6, 7 and 8 BEFORE amended by BC Reg 111/2012, effective July 1, 2012.
| 6 | [ ] | There is no PAS session in my community. I live in: .................[Name of community]......................................... |
| 7 | [ ] | I am not fluent in English. I am fluent in this (or these) language(s): |
| .......................................................................................................................................................................... | ||
| Note that in some Lower Mainland communities, the Program Administrator may require parties to attend a PAS session which is offered in a language in which they are fluent. | ||
| 8 | [ ] | I am incapable of attending due to a serious health issue. Please explain: ............................................................. |
| ......................................................................................................................................................................... | ||
| ........................................................................................................................................................................; | ||
Appendix A, Form 31, new text was added before "[ ] approved - ..............................................[Name of person applying for exemption].............................. is exempted from the requirement to attend a PAS session." by BC Reg 111/2012, effective July 1, 2012.
Appendix A, Form 31 (parts) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.
| A Consent Order under section 10 of the Family Relations Act is filed for this application. (In these cases the requirement does not apply to either the applicant or the respondent.) |
For Applicants. If you are:
| — | applying for a child custody, access, guardianship or child support order in the Abbotsford, Campbell River, Chilliwack, Courtenay, Kamloops, Kelowna, Nanaimo, New Westminster, North Vancouver, Penticton, Port Coquitlam, Prince George, Richmond, Surrey, Vancouver (Robson Square), Vernon or Victoria registry of the Provincial Court, or |
| — | applying to change an existing child custody, access, guardianship or child support order in these courts, |
Appendix A, Form 31, section 5.1 was added by BC Reg 132/2012, effective March 18, 2013.
Appendix A, Form 31, sections 6 and 7 BEFORE amended by BC Reg 122/2014, effective June 23, 2014.
| 6 | [ ] | There is no PAS session in my community and I have no electronic access to PAS. I live in: .................[Name of community]......................................... |
| 7 | [ ] | I am not fluent in English. I am fluent in this (or these) language(s): |
| .......................................................................................................................................................................... | ||
| Note that the Program Administrator may require parties to complete online PAS if it is offered in a language in which the parties are fluent. Also note in some Lower Mainland communities, the Program Administrator may require parties to attend a PAS session which is offered in a language in which they are fluent. | ||
Appendix A, Form 31, new text was added under the heading "FOR USE OF PROGRAM ADMINISTRATOR (PA) ONLY" by BC Reg 122/2014, effective June 23, 2014.
Appendix A, Form 32 BEFORE re-enacted by BC Reg 111/2012, effective July 1, 2012.
Form 32 (Rule 5.1)
[en. B.C. Reg. 9/2003, s. 2.]
FAX COVER SHEET
Canada: Province of British Columbia
Ministry of Attorney General
Court Services Branch
This form must be used when transmitting documents to the court registry by fax for filing.
This is a pilot project, not available at all Court locations, and is subject to limitations set out in Court Rules, Practice Directives and at the Court Services website at www.ag.gov.bc.ca/courts/fax/fax.htm.
It is the responsibility of the person transmitting a document to ensure that the document is filed in the registry within the required filing time. The registry takes no responsibility for difficulty experienced when transmitting a document by fax to the registry. The registry cannot guarantee that any document will be filed on the day it is received in the registry.
Documents transmitted to the registry will be processed in the order they are received. Confirmation of acceptance or refusal will be forwarded as soon as possible to you at the return fax number set out below or by mail if indicated.
| To: | Fax numbers for transmitting documents to registries are available through the Court Services website at www.ag.gov.bc.ca/courts/fax/fax.htm or through Enquiry BC at 1-800-663-7867 | |||
| Court Location | ||||
| Fax Number | ||||
| From: | ||||
| Name — Firm or Individual | Address | |||
| Contact Name | City | |||
| Phone Number | Province | Postal Code | ||
| This is the fax number your confirmation of acceptance or refusal will be set to unless you indicate otherwise. If you require it to be mailed to the address you have given please check the "return by mail" box. | ||||
| [ ] Return by mail | ||||
| Return Fax Number | ||||
Credit Card Account Number (Visa or MasterCard) | Expiry Date on Card | ||||||||||||||||||||||||
Name as it appears on the Card | |||||||||||||||||||||||||
| OR (Note: BC Online is available only in the Prince George Registry) | |||||||||||||||||||||||||
BC Online Account Number: Registry Use Only — Imprint — Authorization number | |||||||||||||||||||||||||
Author | |||||||||||||||||||||||||
| Attached: |
| ||||||||||||||||||||||||
| File Number or Name (style of cause) e.g. - 013654 or "Steward vs. Parakeet" | |||||||||||||||||||||||||
| Comments | |||||||||||||||||||||||||
| Payment Information: I authorize you to bill to my credit card or BC Online Account the total amount of the statutory fee for filing and the confirmation fee. I include the payment information for that purpose. | |||||||||||||||||||||||||
Authorizing Signature | |||||||||||||||||||||||||
Print Name | |||||||||||||||||||||||||
| |||||||||||||||||||||||||
Court Services Branch may use your contact information for the purposes of
conducting an evaluation of the fax service.
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Appendix B, section 5 (part) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
Early resolution requirements
5 Before filing a family law matter claim under Part 3 [Applying for Orders about Family Law Matters], a person seeking resolution of a family law matter in an early resolution and case management registry must, unless otherwise provided in this Early Resolution and Case Management Model,
Appendix B, section 7 BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
Protection orders and orders about extraordinary parenting matters take priority
7 For certainty, if a party applies for an order about
(a) a protection order under Part 9 [Protection from Family Violence] of the Family Law Act, or
(b) an extraordinary parenting matter
in addition to an order about a family law matter, the party may apply for the order about the protection order or the extraordinary parenting matter before complying with the early resolution requirements under this Part.
Appendix B, section 9 (1) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
(1) The parties must meet the requirements of subsection (2) if no family law matter claim has been filed and more than one year has passed since the latest date on which one of the parties
(a) filed a notice to resolve a family law matter in Form A [Notice to Resolve a Family Law Matter] of Appendix C,
(b) completed a needs assessment,
(c) completed a parenting education program, or
(d) participated in a consensual dispute resolution session.
Appendix B, section 10 (e) and (f) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
(e) assessment about whether consensual dispute resolution under Division 4 [Consensual Dispute Resolution] of this Part is not appropriate;
(f) assessment about whether there is a risk of family violence;
Appendix B, section 12 (d) and (f) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
(d) that party resides in a community where the parenting education program is not offered in person and the party cannot access the online version,
(f) that party is unable to attend the parenting education program in person and cannot complete an online version of the parenting education program due to literacy challenges, or
Appendix B, Part 3 heading BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
Part 3 — Applying for Orders about Family Law Matters
Appendix B, Part 3, Division 1 heading BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
Division 1 — Making Family Law Matter Claims
Appendix B, section 16 BEFORE repealed by BC Reg 236/2020, effective December 7, 2020.
Applying for family law matter claim
16 (1) A party who is seeking an order about the following must file and serve a family law matter claim in Form C [Family Law Matter Claim] of Appendix C:
(a) for a new order about a family law matter;
(b) to change or cancel all or part of an existing order or filed written agreement about a family law matter;
(c) to set aside or replace all or part of a written agreement about a family law matter that has not been filed.
(2) The family law matter claim under subsection (1) must be accompanied by the following, as applicable:
(a) a financial statement in Form D [Financial Statement] of Appendix C;
Appendix B, section 17 BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
Additional documents when applying for certain orders
17 If the party is applying for one of the following orders, the family law matter claim must be filed with the following appropriate additional documents for the order:
(a) in relation to an existing order or written agreement, a copy of the existing order or written agreement;
(b) in relation to child support, if the child support guidelines require the person to provide information, a financial statement in Form D [Financial Statement] of Appendix C and any other documents required by the child support guidelines;
(c) in relation to spousal support, a financial statement in Form D [Financial Statement] of Appendix C;
(d) to be appointed as a guardian of a child, an affidavit in Form 34 [Affidavit] of Appendix A with the following exhibits attached:
(i) a record check from the Ministry of Children and Family Development;
(ii) a protection order record check from the protection order registry;
Appendix B, section 18 BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
Serving family law matter claim
18 (1) A party making a family law matter claim under section 16 must arrange for the service of the family law matter claim by arranging for an adult who is not a party to leave a copy of the following documents with the party to be served:
(a) the family law matter claim;
(b) a blank copy of Form F [Reply to a Family Law Matter Claim] of Appendix C;
(c) any applicable additional documents, as described in section 17.
(2) The adult who serves documents under subsection (1) is to complete a certificate of service in Form E [Certificate of Service] of Appendix C and provide it to the party making the family law matter claim.
(3) If a reply is not filed under Division 2 within 21 days, the party making the family law matter claim must file the Certificate of Service.
Appendix B, Part 3, Division 2 heading BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
Division 2 — Family Law Matter Replies and Counterclaims
Appendix B, section 19 BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
After receipt of family law matter claim
19 (1) When a party is served with a family law matter claim, the party may reply to the family law matter claim, as described in section 21 [replying to family law matter claim].
(2) If the party served with a family law matter claim does not reply, the consequences described in section 23 [if no reply filed] apply.
Appendix B, section 21 BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
Replying to family law matter claim
21 If a party is served with a family law matter claim and replies,
(a) the party must file a completed reply in Form F [Reply to a Family Law Matter Claim] of Appendix C within 21 days after the date that the party is served the family law matter claim,
(b) the party may, in the reply, do any of the following:
(i) agree with one or more of the orders applied for in a family law matter claim;
(ii) disagree with one or more of the orders applied for in a family law matter claim;
(iii) make a counterclaim in accordance with section 22, and
(c) if the family law matter claim involves child support or spousal support, the party must file a financial statement in Form D [Financial Statement] of Appendix C.
Appendix B, section 22 (2) BEFORE amended by BC Reg 119/2020, effective June 1, 2020.
(2) If the counterclaim involves child support or spousal support, the party must file any applicable additional documents, as described in section 17 [additional documents when applying for certain orders].
Appendix B, section 22 BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
Applying for counterclaim
22 (1) In the reply, a party may include a counterclaim to apply for an order about a different family law matter that was not included in the family law matter claim.
(2) If the counterclaim involves child support, spousal support or appointment of a guardian, the party must file any applicable additional documents, as described in section 17 [additional documents when applying for certain orders].
[am. B.C. Reg. 119/2020, s. 2.]
Appendix B, section 31 (a) and (e) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
(a) information provided in a family law matter claim, reply and reply to counterclaim, if any;
(e) submissions offered by the parties or by the lawyers of the parties.
Appendix B, section 32 (1) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
(1) A notice of intention to proceed must be filed in accordance with subsection (2) if
(a) a party has filed a family law matter claim,
(b) there is no final order in respect of the claim, and
(c) more than one year has passed since the parties have taken any action under these rules.
Appendix B, section 34 BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
Scheduling family management conference if no reply filed
34 If a family law matter claim has been filed and a reply has not been filed and, based on the certificate of service, at least 21 days have passed since the family law matter claim was served, the registry must provide the party who filed the family law matter claim with information about the procedure for scheduling the family management conference.
Appendix B, section 36 (a) and (b) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
Appendix B, section 37 (a) and (b) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
Appendix B, section 41 (2) BEFORE amended by BC Reg 119/2020, effective June 1, 2020.
(2) A judge may change, suspend or cancel an order made in the absence of a party, if
(a) there is a good reason for changing, suspending or cancelling the order, and
(b) that party applies within a reasonable time for the change, suspension or cancellation of the order using Form H [Application for Case Management Order] of Appendix C.
Appendix B, section 42 (1) BEFORE amended by BC Reg 119/2020, effective June 1, 2020.
(1) One or more of the following case management orders may be made with or without application by a party:
(a) transferring the court file to another registry for one or more purposes;
(b) adding or removing a party to the proceeding;
(c) settling or correcting the terms of an order made under these rules;
(d) setting a specified period of time for the filing and exchanging of information, including a financial statement in Form D [Financial Statement] of Appendix C;
(e) correcting or amending a filed document, including the correction of a name or date of birth;
(f) requiring that a parentage test be taken under section 33 [parentage tests] of the Family Law Act;
(g) requiring that information be disclosed by a third party;
(h) adjourning a hearing or trial;
(i) requiring that a person who prepared a report under section 211 [orders respecting reports] of the Family Law Act attend a trial;
(j) respecting the conduct and management of a trial;
(k) allowing a person to attend a hearing or conference using electronic communication;
(l) shortening or extending a time limit set under these rules or a time limit set by an order or direction of a judge;
(m) allowing, waiving or modifying any service, delivery or notice requirement, including allowing an alternate method for the service of a document;
(n) requiring access to information in accordance with section 242 [orders respecting searchable information] of the Family Law Act;
(o) permitting any other means of proof instead of that required by these rules;
(p) waiving or varying any early resolution requirements;
(q) recognizing an extraprovincial order other than a support order;
(r) permitting a party to be exempt from a requirement under these rules.
Appendix B, section 42 (1) (d) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
(d) setting a specified period for the filing and exchanging of information or evidence, including a financial statement in Form 4 [Financial Statement];
Appendix B, section 42 (2) (part) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
(2) A party may apply for a case management order under subsection (1) by filing and serving the following on any other parties, at least 7 days before the date set for the hearing:
Appendix B, section 43 (1) BEFORE amended by BC Reg 119/2020, effective June 1, 2020.
(1) A party may request in Form I [Application for Case Management Order Without Notice or Appearance] of Appendix C the case management orders described in section 42 (1) (k) to (r) without an appearance or without notice to any other parties.
Appendix B, section 43 (1) and (2) (part) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
(1) A party may request in Form I [Application for Case Management Order Without Notice or Appearance] of Appendix C the case management orders described in section 42 (1) (l) to (p) without an appearance or without notice to any other parties.
(2) The judge reviewing an application under this section for a case management order without notice or an appearance may do the following:
Appendix B, section 45 BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
Applying for Family Law Act protection orders or to change or terminate protection orders
45 (1) To apply to a judge to obtain, or to change a term or condition of or to terminate, a protection order under Part 9 [Protection from Family Violence] of the Family Law Act, a person must file
(a) an application about a protection order in Form K [Application about a Protection Order] of Appendix C, and
(b) any supporting evidence or documents.
(2) A person applying for an order about a protection order under this Division must arrange for the service of the application and supporting documents at least 7 days before the date set for the hearing by arranging for an adult who is not a party to leave a copy of the application and the supporting documents with the party to be served, unless the application is made
(b) with less than 7 days' notice.
(3) The adult who serves documents under subsection (2) is to complete a certificate of service in Form E [Certificate of Service] of Appendix C and provide it to the person applying for an order about a protection order.
Appendix B, section 46 BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
Protection orders — without notice
46 (1) A person may, under section 45, apply to make the following application without notice to any party by completing Form I [Application for Case Management Order Without Notice or Appearance] of Appendix C:
(a) a protection order under section 183 [orders respecting protection] of the Family Law Act;
(b) to change a term or condition of or to terminate a protection order under section 187 [changing or terminating orders respecting protection] of the Family Law Act.
(2) If a judge determines that a party should be given notice of an application made under subsection (1), the judge may make directions regarding
(c) how notice is to be given, and
(d) any other directions that the judge considers appropriate.
Appendix B, section 49 BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
What happens if protection order is made or changed
49 If a judge makes or changes a protection order in accordance with this Division, a clerk must
(a) prepare the protection order unless the judge indicates otherwise,
(b) provide a copy of the protection order to the protection order registry,
(c) serve or provide a copy of the protection order on the party against whom the protection order was made or changed, as follows:
(i) if that party is present when the order is made or changed, provide the party with the protection order;
(ii) if that party is not present when the order is made or changed, arrange for the service of the protection order on that party within British Columbia;
(iii) if the registry is unable to arrange service under subparagraph (ii), notify the person who obtained the order and that person would subsequently be responsible for service, and
(d) provide a copy of the protection order to the person who made the application.
Appendix B, section 50 BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
Appendix B, Part 6, Division 2 heading BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
Division 2 — Orders about Extraordinary Parenting Matters
Appendix B, section 53 BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
Priority — extraordinary parenting matters
53 The application for an order about an extraordinary parenting matter may be made before complying with the early resolution requirements described in section 5 [early resolution requirements] if a party is applying for both of the following:
Appendix B, section 54 BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
Applying for orders about extraordinary parenting matters
54 To apply to a judge to obtain, or to change a term or condition of or to terminate, an order about an extraordinary parenting matter, a person must file and serve
(a) the application for an order about an extraordinary parenting matter in Form M [Application about Extraordinary Parenting Matter] of Appendix C, and
Appendix B, section 55 BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
Notifying other person about order about extraordinary parenting matter
55 To apply to a judge for an order about an extraordinary parenting matter under this Division, a party must serve any other parties as follows:
(a) with the application and supporting documents at least 7 days before the date set for the court appearance unless the application is made without notice or with less than 7 days’ notice;
(b) if there is an address for service in the case on the court file for the party to be served,
(i) by leaving the documents at the party’s address for service,
(ii) by mailing the documents by ordinary mail to the party’s address for service,
(iii) if a party’s address for service includes an email address, by emailing the documents to that email address, or
(iv) if a party’s address for service includes a fax number, by faxing the documents to that fax number;
(c) if there is no address for service on the court file for the party to be served by arranging for an adult who is not a party to leave the documents with the party to be served, unless otherwise ordered.
Appendix B, section 56 (1) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
(1) A person may, under section 54, apply to make an application for an order about an extraordinary parenting matter without notice to any party by completing Form I [Application for Case Management Order Without Notice or Appearance] of Appendix C.
Appendix B, section 56 (2) (a) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
Appendix B, section 58 BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
Applying for orders about relocation
58 To apply for an order, under section 69 [orders respecting relocation] of the Family Law Act, prohibiting the relocation of a child, a person must file and serve
(a) an application for an order prohibiting the relocation of a child in Form O [Application for Order Prohibiting the Relocation of Child] of Appendix C, and
(b) a copy of the existing order or agreement and the notice of relocation described in section 66 [notice of relocation] of the Family Law Act.
Appendix B, section 59 (part) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
Applying for consent orders about family law matters without hearing
59 To apply for an order about a family law matter by consent without a hearing, the parties must file the following:
Appendix B, section 59 (c) BEFORE amended by BC Reg 236/2020, effective December 7, 2020.
(c) any applicable additional documents, as described in section 17 [additional documents when applying for certain orders] of this Early Resolution and Case Management Model.
Appendix B, section 61 BEFORE repealed by BC Reg 236/2020, effective December 7, 2020.
Consent orders about guardianship
61 In addition to the material filed under section 59 [applying for consent orders about family law matters without hearing], a party who is applying for appointment as guardian of a child must also file an affidavit in Form 34 [Affidavit] of Appendix A with the following exhibits attached:
(a) a copy of a record check from the Ministry of Children and Family Development;
(b) a protection order record check from the protection order registry;
Appendix B, section 62 BEFORE repealed by BC Reg 236/2020, effective December 7, 2020.
Administrative matters for consent orders about guardianship
62 The following time periods apply to applications for consent orders under this Division:
(a) an affidavit under section 17 [additional documents when applying for certain orders] must be sworn no more than 7 days before the date that the material under that section is filed;
(b) the record checks described under section 61 must be dated within 60 days before the date that the material under section 59 is filed.
Appendix B, section 65 BEFORE re-enacted by BC Reg 236/2020, effective December 7, 2020.
Applying for orders about enforcement
65 To apply for an order about enforcement of any of the following, a party must, at least 7 days before the date set for the hearing, file and serve an application for enforcement in Form P [Application for Enforcement] of Appendix C, including a copy of the agreement, determination, or order to be enforced:
(a) enforcing a written agreement or order, including enforcement under the Family Maintenance Enforcement Act;
(b) reviewing, enforcing, changing or setting aside a determination of a parenting coordinator;
(c) setting reasonable and necessarily incurred expenses under any of the following sections of the Family Law Act:
(i) section 61 [denial of parenting time or contact];
(ii) section 212 [orders respecting disclosure];
(iii) section 213 [enforcing orders respecting disclosure];
(iv) section 228 [enforcing orders respecting conduct];
(v) section 230 [enforcing orders generally];
(d) in respect of extraordinary remedies under section 231 [extraordinary remedies] of the Family Law Act;
(e) determining whether or not arrears are owing under a support order made under the Family Law Act.
