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| B.C. Reg. 169/2009 O.C. 303/2009 | Deposited July 7, 2009 effective July 1, 2010 |
See “Amendments Not in Force” and the
Cumulative B.C. Regulations Bulletin 2024 for
amendments effective after June 25, 2024.
Link to consolidated regulation (PDF)
Link to Point in Time
Court Rules Act
Supreme Court Family Rules
[Last amended March 6, 2024 by B.C. Reg. 28/2024]
Appendix A — List of Forms
Form F1 — Notice of Joint Family Claim [en. B.C. Reg. 133/2012, s. 28 as am. by B.C. Reg. 67/2013, Sch., s. 1 (f); am. B.C. Regs. 105/2019, s. 3; 208/2020, s. 8; 321/2021, Sch. 2, s. 8.]
Form F1.1 — Application for Divorce Under the Civil Marriage Act (Canada) [en. B.C. Reg. 4/2016, s. 3.]
Form F1.2 — Certificate of Divorce Under the Civil Marriage Act (Canada) [en. B.C. Reg. 4/2016, s. 3.]
Form F2 — Notice of Withdrawal from Joint Family Law Case
Form F3 — Notice of Family Claim [en. B.C. Reg. 4/2016, s. 4; am. B.C. Regs. 5/2021, Sch. 1, s. 1; 208/2020, s. 9; 321/2021, Sch. 2, s. 9; 28/2024, Sch. B, s. 27.]
Form F4 — Response to Family Claim [en. B.C. Reg. 4/2016, s. 4; am. B.C. Regs. 5/2021, Sch. 1, s. 2; 208/2020, s. 10.]
Form F5 — Counterclaim [en. B.C. Reg. 4/2016, s. 4; am. B.C. Regs. 5/2021, Sch. 1, s. 3; 208/2020, s. 9; 28/2024, Sch. B, s. 28.]
Form F6 — Response to Counterclaim [am. B.C. Regs. 119/2010, Sch. B, s. 28; 133/2012, s. 30; 360/2012, s. 2; 208/2020, s. 10.]
Form F7 — Notice of Withdrawal in Family Law Case in Which a Divorce Is Claimed
Form F8 — Financial Statement [am. B.C. Regs. 133/2012, s. 31; 5/2021, Sch. 1, s. 4; 321/2021, Sch. 2, s. 10; 28/2024, Sch. B, s. 29.]
Form F9 — Agreement as to Annual Income [am. B.C. Reg. 28/2024, Sch. B, s. 30.]
Form F10 — Notice of Address for Service
Form F11 — Notice for Publication [am. B.C. Reg. 133/2012, s. 32.]
Form F12 — Request [am. B.C. Reg. 28/2024, Sch. B, s. 31.]
Form F13 — Notice and Summary of Document
Form F15 — Affidavit of Personal Service [am. B.C. Regs. 95/2011, Sch. B, s. 7; 321/2021, Sch. 2, s. 11.]
Form F16 — Affidavit of Ordinary Service
Form F17 — Requisition — General [am. B.C. Regs. 119/2010, Sch. B, s. 29; 236/2022, Sch. 2, s. 2; 176/2023, Sch. 2, s. 24; 239/2023, Sch. 2, s. 7.]
Form F17.1 — Requisition — Filing of Agreement [en. B.C. Reg. 133/2012, s. 33, as. am. by B.C. Reg. 67/2013, s. 1 (m); am. B.C. Reg. 176/2023, Sch. 2, s. 25.]
Form F17.2 — Requisition — Parenting Coordinator Determination [en. B.C. Reg. 133/2012, s. 33; am. B.C. Reg. 176/2023, Sch. 2, s. 26.]
Form F17.3 — Requisition — Arbitration Award [en. B.C. Reg. 121/2014, s. 11; am. B.C. Reg. 176/2023, Sch. 2, s. 27.]
Form F18 — Certificate of Service by Sheriff
Form F18.1 — Requisition — General (Application) [en. B.C. Reg. 176/2023, Sch. 2, s. 28; am. B.C. Reg. 277/2023, Sch. 2, s. 4 (a).]
Form F19 — Notice of Judicial Case Conference [am. B.C. Regs. 119/2010, Sch. B, s. 30; 133/2012, s. 34; 277/2023, Sch. 3, s. 5.]
Form F19.1 — Requisition — Method of Attendance [en. B.C. Reg. 176/2023, Sch. 2, s. 28; am. B.C. Regs. 239/2023, Sch. 2, s. 8; 277/2023, Sch. 2, s. 4 (a).]
Form F19.2 — Notice of Case Planning Conference [en. B.C. Reg. 176/2023, Sch. 2, s. 28.]
Form F19.3 — Case Plan Proposal [en. B.C. Reg. 176/2023, Sch. 2, s. 28.]
Form F19.4 — Case Plan Order [en. B.C. Reg. 176/2023, Sch. 2, s. 28; am. B.C. Reg. 277/2023, Sch. 2, s. 4 (b) and (c).]
Form F20 — List of Documents [en. B.C. Reg. 119/2010, Sch. B, s. 31; am. B.C. Reg. 4/2016, s. 5.]
Form F21 — Appointment to Examine for Discovery [am. B.C. Reg. 4/2016, s. 6.]
Form F23 — Subpoena to Witness [am. B.C. Regs. 133/2012, s. 35; 28/2024, Sch. B, s. 32.]
Form F24 — Notice to Admit [am. B.C. Reg. 28/2024, Sch. B, s. 33.]
Form F25 — Order for Examination of Persons Outside the Jurisdiction [am. B.C. Reg. 277/2023, Sch. 2, s. 4 (d).]
Form F26 — Instructions to Examiner [am. B.C. Reg. 28/2024, Sch. B, s. 34.]
Form F27 — Order for Issue of a Letter of Request to Judicial Authority of Another Jurisdiction
Form F28 — Letter of Request for Examination of Witness out of Jurisdiction
Form F29 — Requisition for Consent Order or for Order Without Notice
Form F31 — Notice of Application [am. B.C. Regs. 119/2010, Sch. B, s. 32; 241/2010, Sch. B, s. 3; 133/2012, s. 36; 121/2014, s. 12; 208/2020, s. 10; 321/2021, Sch. 2, s. 12; 239/2023, Sch. 2, s. 9; 277/2023, Sch. 2, s. 4 (e) and Sch. 3, ss. 1 and 5.]
Form F32 — Application Response [am. B.C. Regs. 208/2020, s. 10; 321/2021, Sch. 2, s. 13; 239/2023, Sch. 2, s. 10.]
Form F32.001 — Requisition — Chambers Practice [en. B.C. Reg. 239/2023, Sch. 2, s. 11; am. B.C. Regs. 277/2023, Sch. 2, s. 4 (f) and Sch. 3, s. 5; 28/2024, Sch. B, s. 35.]
Form F32.01 — Requisition — Short Notice [en. B.C. Reg. 176/2023, Sch. 2, s. 28; am. B.C. Reg. 277/2023, Sch. 2, s. 4 (a).]
Form F32.1 — Order Signing Instructions [en. B.C. Reg. 149/2022, Sch. 2, s. 9; am. B.C. Reg. 277/2023, Sch. 2, s. 4 (f) and (g).]
Form F33 — Consent Order [am. B.C. Regs. 119/2010, Sch. B, s. 33; 65/2013, Sch. B, s. 3; 208/2020, s. 11; 277/2023, Sch. 2, s. 4 (b).]
Form F34 — Order Made Without Notice [am. B.C. Regs. 65/2013, Sch. B, s. 3; 208/2020, s. 11; 321/2021, Sch. 2, s. 14; 277/2023, Sch. 2, s. 4 (b).]
Form F35 — Requisition — Undefended Family Law Case [am. B.C. Regs. 119/2010, Sch. B, s. 34; 321/2021, Sch. 2, s. 15; 176/2023, Sch. 2, s. 29.]
Form F36 — Certificate [am. B.C. Reg. 95/2011, Sch. B, s. 8.]
Form F37 — Child Support Affidavit [en. B.C. Reg. 58/2012, Sch. B, s. 2; am. B.C. Regs. 133/2012, s. 37, as am. B.C. Reg. 67/2013, s. 1 (n); 149/2022, Sch. 2, s. 10.]
Form F38 — Affidavit — Desk Order Divorce [en. B.C. Reg. 58/2012, Sch. B, s. 2; am. B.C. Regs. 133/2012, s. 38; 65/2013, Sch. B, s. 4.]
Form F39 — Notice of Discontinuance
Form F40 — Notice of Withdrawal
Form F41 — Security for Receiver [am. B.C. Reg. 28/2024, Sch. B, s. 36.]
Form F42 — Security of Receiver by Undertaking
Form F43 — Notice to Cross-examine [am. B.C. Reg. 133/2012, s. 39.]
Form F44 — Notice of Trial [am. B.C. Regs. 119/2010, Sch. B, s. 37; 95/2011, Sch. B, s. 12; 104/2015, s. 4.]
Form F45 — Trial Brief [en. B.C. Reg. 176/2023, Sch. 2, s. 30; am. B.C. Reg. 239/2023, Sch. 2, s. 12]
Form F46 — Trial Certificate [am. B.C. Regs. 119/2010, Sch. B, s. 38; 239/2023, Sch. 2, s. 13.]
Form F48 — Notice of Intention to Proceed
Form F49 — Notice of Intention to Call Adverse Party as a Witness
Form F50 — Warrant After Subpoena [am. B.C. Reg. 28/2024, Sch. B, s. 37.]
Form F51 — Order Made After Application [en. B.C. Reg. 58/2012, Sch. B, s. 2; am. B.C. Regs. 133/2012, s. 40; 65/2013, Sch. B, s. 5; 208/2020, s. 11; 277/2023, Sch. 2, s. 4 (d) and (h).]
Form F51.1 — Order Made at Judicial Case Conference [en. B.C. Reg. 104/2015, s. 5; am. B.C. Reg. 277/2023, Sch. 2, s. 4 (d).]
Form F51.2 — Order Made at Trial Management Conference [en. B.C. Reg. 176/2023, Sch. 2, s. 28; am. B.C. Regs. 239/2023, Sch. 2, s. 14; 277/2023, Sch. 2, s. 4 (d).]
Form F52 — Final Order [en. B.C. Reg. 58/2012, Sch. B, s. 2; am. B.C. Regs. 65/2013, Sch. B, s. 6; 121/2014, s. 14; 208/2020, s. 11; 277/2023, Sch. 2, s. 4 (d) and (h).]
Form F53 — Repealed. [B.C. Reg. 119/2010, Sch. B, s. 39.]
Form F54 — Protection Order [en. B.C. Reg. 133/2012, s. 41; am. B.C. Regs. 149/2022, Sch. 2, s. 11; 277/2023, Sch. 2, s. 4 (d).]
Form F54.1 — Order Terminating a Protection Order [en. B.C. Reg. 149/2022, Sch. 2, s. 12; am. B.C. Reg. 277/2023, Sch. 2, s. 4 (d) and (i).]
Form F54.2 — Restraining Order [en. B.C. Reg. 133/2012, s. 41, as am. by B.C. Reg. 67/2013, s. 1 (o); am. B.C. Reg. 277/2023, Sch. 2, s. 4 (d).]
Form F55 — Appointment [am. B.C. Regs. 133/2012, s. 42; 277/2023, Sch. 2, s. 4 (j).]
Form F56 — Certificate of Divorce
Form F57 — Writ of Seizure and Sale [am. B.C. Reg. 28/2024, Sch. B, s. 37.]
Form F58 — Writ of Sequestration [am. B.C. Regs. 95/2011, Sch. B, s. 15; 28/2024, Sch. B, s. 38.]
Form F59 — Writ of Possession [am. B.C. Reg. 95/2011, Sch. B, s. 15.]
Form F60 — Writ of Delivery [am. B.C. Reg. 95/2011, Sch. B, s. 15.]
Form F61 — Writ of Delivery or Assessed Value [am. B.C. Reg. 95/2011, Sch. B, s. 15.]
Form F62 — Acknowledgment of Payment
Form F63 — Summons to a Default Hearing Under the Family Maintenance Enforcement Act [am. B.C. Reg. 133/2012, s. 43.]
Form F64 — Summons to a Committal Hearing Under the Family Maintenance Enforcement Act
Form F65 — Arrest Warrant [am. B.C. Reg. 28/2024, Sch. B, s. 39.]
Form F68 — Notice of Application for Committal
Form F69 — Order of Committal [am. B.C. Reg. 28/2024, Sch. B, s. 40.]
Form F70 — Certificate of Result of Sale
Form F71 — Bill of Costs [am. B.C. Regs. 119/2010, Sch. B, s. 40; 92/2013, Sch. B.]
Form F71.1 — List of Expenses [en. B.C. Reg. 133/2012, s. 44.]
Form F72 — Certificate of Costs or Expenses [am. B.C. Reg. 133/2012, s. 45, as am. by B.C. Reg. 67/2013, s. 1 (p).]
Form F73 — Petition to the Court [am. B.C. Regs. 95/2011, Sch. B, s. 16; 65/2013, Sch. B, s. 7; 208/2020, s. 10; 239/2023, Sch. 2, s. 15; 277/2023, Sch. 2, s. 4 (e).]
Form F74 — Response to Petition [am. B.C. Regs. 208/2020, s. 10; 321/2021, Sch. 2, s. 16.; 239/2023, Sch. 2, s. 16]
Form F75 — Notice of Hearing [am. B.C. Regs. 321/2021, Sch. 2, s. 16; 277/2023, Sch. 3, s. 1.]
Form F77 — Notice of Interest [am. B.C. Regs. 208/2020, s. 10; 321/2021, Sch. 2, s. 17.]
Form F78 — Jurisdictional Response
Form F79 — Notice of Appeal if Directions Required [am. B.C. Regs. 119/2010, Sch. B, s. 41; 95/2011, Sch. B, s. 17.]
Form F80 — Notice of Appeal — Standard Directions [am. B.C. Regs. 119/2010, Sch. B, s. 42; 95/2011, Sch. B, s. 17.]
Form F81 — Notice of Hearing of Appeal
Form F82 — Notice of Abandonment of Appeal
Form F83 — Order to Register Foreign Judgment [am. B.C. Reg. 277/2023, Sch. 2, s. 4 (d).]
Form F84 — Affidavit of Attainment of Majority
Form F85 — Order to Waive Fees [en. B.C. Reg. 58/2012, Sch. B, s. 2; am. B.C. Regs. 112/2012, Sch. B, s. 5; 277/2023, Sch. 2, s. 4 (d).]
Form F86 — Affidavit in Support of Order to Waive Fees [am. B.C. Regs. 95/2011, Sch. B, s. 18; 112/2012, Sch. B, s. 6.]
Form F87 — Notice of Appointment or Change of Lawyer
Form F88 — Notice of Intention to Act in Person
Form F89 — Notice of Intention to Withdraw as Lawyer [am. B.C. Reg. 95/2011, Sch. B, s. 19.]
Form F91 — Notice of Withdrawal of Lawyer
Form F92 — Warrant — Contempt [am. B.C. Reg. 28/2024, Sch. B, s. 41.]
Form F94.1 — Requisition — Leave (Vexatious Litigant) [en. B.C. Reg. 239/2023, Sch. 2, s. 17; am. B.C. Regs. 277/2023, Sch. 2, s. 4 (f) and (k); 28/2024, Sch. B, s. 35.]
Form F95 — Fax Cover Sheet [en. B.C. 112/2012, Sch. B, s. 7; am. B.C. Regs. 105/2019, s. 4; 149/2022, Sch. 2, s. 13; 176/2023, Sch. 2, s. 31.]
Form F96 — Electronic Filing Statement [am. B.C. Reg. 112/2012, Sch. B, s. 8.]
Form F98 — Notice of Appeal from Associate Judge, Registrar or Special Referee [am. B.C. Regs. 119/2010, Sch. B, s. 44; 105/2019, s. 5; 208/2020, s. 10; 321/2021, Sch. 2, s. 18; 277/2023, Sch. 2, s. 4 (l).]
Form F98.1 — Appellant's Statement of Argument [en. B.C. Reg. 105/2019, s. 6; am. B.C. Reg. 239/2023, Sch. 2, s. 18.]
Form F98.2 — Respondent's Statement of Argument [en. B.C. Reg. 105/2019, s. 6; am. B.C. Reg. 239/2023, Sch. 2, s. 19.]
Form F100 — Certificate of Mediation [en. B.C. Reg. 95/2011, Sch. B, s. 21.]
Form F101 — Affidavit [en. B.C. Reg. 41/2013, s. 9; am. B.C. Reg. 28/2024, Sch. B, s. 42.]
Form F102 — Statement of Information for Corollary Relief Proceedings [en. B.C. Reg. 208/2020, s. 12, as am. by B.C. Reg. 5/2021, Sch. 2.]
| Court File No.: ......................... Court Registry: .......................... |
In the Supreme Court of British Columbia
| Claimant 1: Claimant 2: |
NOTICE OF JOINT FAMILY CLAIM
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| 1 Relationship history [Check the correct box(es) and complete the required information.] |
Claimant 1 and Claimant 2: [ ] began to live together in a marriage-like relationship on ................[dd/mmm/yyyy]................. [ ] were married on ................[dd/mmm/yyyy]................. at ................[city or town; province or state; country] [ ] separated on ................[dd/mmm/yyyy]................. [ ] were divorced from each other by order made on ................[dd/mmm/yyyy]................. [ ] were never married |
| 2 Divorce [Complete if you are asking for a divorce order.] |
| [ ] Claimant 1 and Claimant 2 are asking for a divorce order. | ||
| A Personal information: | ||
| Claimant 1 | Claimant 2 | |
| Birthdate: [dd/mmm/yyyy] | ||
| Habitually resident in British Columbia since: [dd/mmm/yyyy] | ||
| Surname at birth: | ||
| Surname immediately before marriage: | ||
| Marital status immediately before marriage: | [ ] never married [ ] divorced [ ] widowed | [ ] never married [ ] divorced [ ] widowed |
| Place of marriage: [city or town; province or state; country] | ||
B Grounds for claim for divorce: [If divorce is claimed as a result of having lived separate and apart, complete paragraph (i).] (i) [ ] Claimant 1 and Claimant 2 have lived separate and apart since .............[dd/mmm/yyyy]................. AND [Check whichever one of the following boxes is correct and complete any required information.] [ ] Claimant 1 and Claimant 2 have not lived together since then [ ] Claimant 1 and Claimant 2 have lived together again during the following period(s), in an unsuccessful attempt to reconcile: ...............[give dates of period(s)]............... [If divorce is claimed on grounds other than having lived separate and apart, complete paragraph (ii) by checking both of the following boxes and completing the required information.] (ii) [ ] Other grounds, under section 8 (2) (b) of the Divorce Act (Canada): [ ] Adultery (the respondent has committed adultery) [ ] Cruelty (the respondent has treated the applicant with physical or mental cruelty of such a kind as to make continued cohabitation intolerable) AND [ ] There has been no condonation of any act relied on under section 8 (2) (b) of the Divorce Act (Canada) as a ground for divorce. | ||
C Claimant 1 and Claimant 2 confirm that: [Check both of the following boxes.] [ ] There is no possibility of reconciliation. [ ] I do not know about and I am not involved in any arrangement to make up or to hide evidence or to deceive the court to obtain a divorce. | ||
D Proof of marriage: [Check whichever one of the following boxes is correct and complete any required information.] [ ] A certificate of marriage or registration of marriage has been filed. [ ] A certificate of marriage or registration of marriage is not being filed with this notice of joint family claim because ...............[state the reasons]............... [ ] It is impossible to obtain a certificate of marriage or registration of marriage because: ...............[state the reasons]............... . | ||
| 3 Information concerning children [Check whichever one of the following boxes is correct and complete any required information.] |
Children: [ ] There are no children of the marriage, as defined by the Divorce Act (Canada), or children of whom Claimant 1 and Claimant 2 are parents within the meaning of the Family Law Act. [OR] [ ] There are no children of the marriage, as defined by the Divorce Act (Canada), or children of whom Claimant 1 and Claimant 2 are parents within the meaning of the Family Law Act, and those children are: Full name: Birth date: [dd/mmm/yyyy] Resides with: |
| 4 Orders asked for in relation to children [Complete section 4 for those children in relation to whom you are asking for an order.] |
A [ ] Claimant 1 and Claimant 2 are asking for the following order respecting arrangements for parenting or contact: ...............[set out terms of proposed order]............... B [ ] Claimant 1 and Claimant 2 are asking for an order for child support as follows: ...............[set out terms of proposed order]............... C [ ] Claimant 1 and Claimant 2 are asking for the orders under paragraphs A and B of this section under the following statute(s): [Check one or both of the following boxes, as applicable.] [ ] the Divorce Act (Canada) [ ] the Family Law Act |
| 5 Spousal support [Complete section 5 if you are asking for an order for spousal support.] |
[ ] Claimant 1 and Claimant 2 are asking for an order for spousal support as follows: ...............[set out terms of proposed order]............... [ ] Claimant 1 and Claimant 2 are asking for an order for spousal support under [Check one or both of the following boxes, as applicable.] [ ] the Divorce Act (Canada) [ ] the Family Law Act |
| 6 Property and debt [Complete section 6 if you are asking for an order in relation to property or debt.] |
A Property claims under the Family Law Act [ ] Claimant 1 and Claimant 2 are asking for an order for: [Check whichever one of the following boxes is correct and complete any required information in relation to family property and family debt, as those terms are defined in the Family Law Act.] [ ] an equal division of family property and family debt [ ] an unequal division of family property and family debt as follows: ............[set out details of proposed division]............. B Other property claims [ ] Claimant 1 and Claimant 2 ask for an order respecting an interest in property or for compensation instead of an interest in that property, as follows: .............................................................................................................................................................. |
| 7 Other [Complete section 7 if you are asking for any other order.] |
| [ ] Claimant 1 and Claimant 2 are asking for an order in the following terms: ...............[set out terms of proposed order] .......... |
| 8 Claimants' addresses for service [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.] |
| Claimant 1: Fax (optional) E-mail (optional) | Claimant 2: Fax (optional) E-mail (optional) |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] Claimant 1 [ ] lawyer for Claimant 1 ...........................[type or print name].......................... |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] Claimant 2 [ ] lawyer for Claimant 2 ...........................[type or print name].......................... |
| If in this family law case a claim is made under the Family Law Act and one or both of the parties is represented by a lawyer, each of the lawyers must complete a certificate in the following form. |
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. |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of lawyer ...........................[type or print name].......................... |
| The following certificate must be completed by each party to a divorce claim. |
PARTY'S CERTIFICATE (Divorce Act (Canada), s. 7.6)
| [ ] | By checking this box, I, ................[name of party]................, certify that I am aware of my duties under sections 7.1 to 7.5 of the Divorce Act (Canada), which say: | |
| 7.1 | A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child. | |
| 7.2 | A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding. | |
| 7.3 | To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process. | |
| 7.4 | A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act. | |
| 7.5 | For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect. | |
| The following certificate must be completed for each party to a divorce claim who is represented by a legal adviser. |
LEGAL ADVISER'S CERTIFICATE (Divorce Act (Canada), s. 7.7 (3))
| [ ] | By checking this box, I, ................................, legal adviser for ................[name of party]................, certify that I have complied with section 7.7 of the Divorce Act (Canada), which says: | |||
| 7.7 | (1) Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse's behalf in a divorce proceeding | |||
| (a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and | ||||
| (b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation. | ||||
| (2) It is also the duty of every legal adviser who undertakes to act on a person's behalf in any proceeding under this Act | ||||
| (a) to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so; | ||||
| (b) to inform the person of the family justice services known to the legal adviser that might assist the person | ||||
| (i) in resolving the matters that may be the subject of an order under this Act, and | ||||
| (ii) in complying with any order or decision made under this Act; and | ||||
| (c) to inform the person of the parties' duties under this Act. | ||||
| Court File No.:........................ Court Registry:........................ |
In the Supreme Court of British Columbia
| Spouse 1: |
| Spouse 2: |
APPLICATION FOR DIVORCE UNDER THE CIVIL MARRIAGE ACT (CANADA)
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| 1 Marriage information [Complete the required information.] |
| Spouse 1 and Spouse 2 were married on ................[dd/mmm/yyyy]................. The place of marriage was ................[city or town]................., British Columbia. |
| 2 Residence [Complete the required information.] |
| Spouse 1 currently resides in ................[city or town; province or state; country]................. and has done so since ................[dd/mmm/yyyy]................. Spouse 2 currently resides in ................[city or town; province or state; country]................. and has done so since ................[dd/mmm/yyyy].................. |
| 3 Basis of application [Complete the required information.] |
| Spouse 1 and Spouse 2 live separate and apart and have done so since ................[dd/mmm/yyyy].................. |
| This application is made: [Check whichever one of the following boxes is correct and follow the applicable instructions.] |
| [ ] by Spouse 1 and Spouse 2 jointly [attach joint affidavit, or affidavit of each spouse, respecting the grounds for divorce under section 7 (1) of the Civil Marriage Act (Canada)] |
| [ ] by Spouse 1 with the consent of Spouse 2 [attach affidavit of Spouse 1 respecting the grounds for divorce under section 7 (1) of the Civil Marriage Act (Canada) and an affidavit of Spouse 2 providing evidence of consent to the proceedings] |
| [ ] by Spouse 1 with an order referred to in section 7 (2) of the Civil Marriage Act (Canada) [attach affidavit of Spouse 1 respecting the grounds for divorce under section 7 (1) of the Civil Marriage Act (Canada) and a copy of that order] |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] Spouse 1 [ ] lawyer for Spouse 1 ...........................[type or print name].......................... |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] Spouse 2 [ ] lawyer for Spouse 2 ...........................[type or print name].......................... |
| Signature of Spouse 2 or lawyer for Spouse 2 required only on a joint application. |
| Court File No.: ......................... Court Registry: .......................... |
In the Supreme Court of British Columbia
| Spouse 1: |
| Spouse 2: |
CERTIFICATE OF DIVORCE UNDER THE CIVIL MARRIAGE ACT (CANADA)
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| This is to certify that ........[name]........ and ........[name]........, who were married at ........[place]........ on ........[dd/mmm/yyyy]........, were divorced under the Civil Marriage Act (Canada) by an order of this court which took effect and dissolved the marriage on ........[dd/mmm/yyyy]......... . |
| GIVEN under my hand and the seal of this court Date: ......................[dd/mmm/yyyy]....................... ............................................................................. Registrar |
| Court File No.: ......................... Court Registry: .......................... |
In the Supreme Court of British Columbia
| Claimant 1: |
| Claimant 2: |
NOTICE OF WITHDRAWAL FROM JOINT FAMILY LAW CASE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| TAKE NOTICE that ................[party]................ withdraws from this joint family law case. | |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party ...........................[type or print name].......................... |
| Court File No.:........................ Court Registry:........................ |
In the Supreme Court of British Columbia
| Claimant: |
| Respondent: |
NOTICE OF FAMILY CLAIM
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| This family law case has been started by the claimant(s) for the relief set out in section 4 below. |
If you intend to respond to this family law case, you or your lawyer must |
(a) file a response to family claim in Form F4 in the above-named registry of this court within 30 days after the date on which this copy of the filed notice of family claim was served on you, and |
(b) serve a copy of the filed response to family claim on the claimant. |
If you intend to make a counterclaim, you or your lawyer must |
(a) file a response to family claim in Form F4 and a counterclaim in Form F5 in the above-named registry of this court within 30 days after the date on which this copy of the filed notice of family claim was served on you, and |
(b) serve a copy of the filed response to family claim and counterclaim on the claimant and on any new parties named in the counterclaim. |
| Orders, including orders granting the relief claimed, may be made against you if you fail to file the response to family claim within the 30 day period referred to above. |
| 1 Information about the parties |
| [Complete the following for each claimant.] The claimant, ................[name]................, is ...............[briefly indicate this person's relationship to other parties to this family law case]............... [Complete the following for each respondent.] The respondent, ................[name]................, is ...............[briefly indicate this person's relationship to other parties to this family law case]............... |
| 2 Spousal relationship history [Complete this section if a claimant and a respondent are or have been married or are or have been in a marriage-like relationship.] |
[Check the correct box(es) and complete the required information.] The claimant ..................[name of claimant].................. and the respondent ...................[name of respondent] ................. [ ] began to live together in a marriage-like relationship on ................[dd/mmm/yyyy]................. [ ] were married on ................[dd/mmm/yyyy]................. at ................[city or town; province or state; country] [ ] separated on ................[dd/mmm/yyyy]................. [ ] were divorced from each other by order made on ................[dd/mmm/yyyy]................. |
| 3 Prior court proceedings and agreements [Check the correct box(es) and complete any required information.] |
[ ] There is no prior agreement, court order or court proceeding relating to any of the claims made in this notice of family claim. [ ] One or more of the following relates to claims made in this notice of family claim: [ ] a written agreement dated ................[dd/mmm/yyyy]................. [ ] a court order dated ................[dd/mmm/yyyy]................. [ ] a prior court proceeding: ..........[file number and court registry].......... |
| 4 The claimant's claims [Check the correct box(es) and complete and attach the required Schedules.] |
The claimant is asking for the following: [ ] An order for divorce — [complete and attach Schedule 1] [ ] An order respecting child(ren) — [complete and attach Schedule 2] [ ] An order for spousal support — [complete and attach Schedule 3] [ ] An order relating to family property and family debt — [complete and attach Schedule 4] [ ] Another order — [complete and attach Schedule 5] [ ] An order for costs [ ] An order to [ ] confirm or [ ] set aside [check whichever one of the following boxes is correct and complete the required information] a written agreement dated ................[dd/mmm/yyyy]................. in respect of [ ] spousal support [ ] child support [ ] division of property and/or debt [ ] other for the following reasons: |
| 5 Place of trial will be: ................[name of registry]................ |
| 6 The address of the registry is: ................[address of registry]................ |
| 7 The claimant's address for service is [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.] |
| Address for Service: Fax (optional) E-mail (optional) |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] claimant [ ] lawyer for claimant(s) ...........................[type or print name].......................... |
Note to Claimant AND Respondent: you must file financial information (Form F8) if any of the following apply: • there is a claim against you for spousal support or you are claiming spousal support; • there is a claim by either party for the division of property and/or debts under Part 5 or 6 of the Family Law Act; • there is a claim against you for the support of a child, OR • you are claiming child support unless all of the following conditions apply: (a) you are making no claim for any other kind of support; (b) the child support is for children who are not stepchildren; (c) none of the children for whom child support is claimed is 19 years of age or older; (d) the income of the person being asked to pay child support is under $150 000 per year; (e) you are not applying for special expenses under section 7 of the child support guidelines; (f) you are not applying for an order under section 8 of the child support guidelines; (g) you are not applying for an order under section 9 of the child support guidelines; (h) you are not making a claim based on undue hardship under section 10 of the child support guidelines. If you do not file the financial information that is required, the court may attribute an amount of income to you, and make a support award against you, based on that amount. |
| If in this family law case a claim is made under the Family Law Act and the claimant is represented by a lawyer, the lawyer must complete the following certificate. |
LAWYER'S CERTIFICATE (Family Law Act, s. 8 (2) )
| I, ................................, lawyer for ................[name of party]................, certify that, in accordance with section 8 (2) of the Family Law Act, I have | ||
| (a) discussed with the party the advisability of using various types of family dispute resolution to resolve the matter, and | ||
| (b) informed the party of the facilities and other resources, known to me, that may be available to assist in resolving the dispute. | ||
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of lawyer ...........................[type or print name].......................... |
Form F3 (Rule 4-1 (1) )
SCHEDULE 1 — DIVORCE
| 1 Personal Information |
| Claimant | Respondent | |
| Birthdate: [dd/mmm/yyyy] | ||
| Habitually resident in British Columbia since: [dd/mmm/yyyy] | ||
| Surname at birth: | ||
| Surname immediately before marriage: | ||
| Marital status immediately before marriage: | [ ] never married [ ] divorced [ ] widowed | [ ] never married [ ] divorced [ ] widowed |
| Place of marriage: [city or town; province or state; country] | ||
| 2 Grounds for the claimant's claim for divorce |
[ ] The claimant asks for an order for divorce on these grounds: [If divorce is claimed as a result of having lived separate and apart, complete paragraph (i).] (i) [ ] The claimant and the claimant's spouse have lived separate and apart since................[dd/mmm/yyyy]................. AND [Check whichever one of the following boxes is correct and complete any required information.] [ ] the claimant and the claimant's spouse have not lived together since then [ ] the claimant and the claimant's spouse have lived together again during the following period(s), in an unsuccessful attempt to reconcile: ................[give dates of period(s)]................ [If divorce is claimed on grounds other than having lived separate and apart, complete paragraph (ii) by checking both of the following boxes and completing the required information.] (ii) [ ] Other grounds, under section 8 (2) (b) of the Divorce Act (Canada): [ ] Adultery (the respondent has committed adultery) [ ] Cruelty (the respondent has treated the applicant with physical or mental cruelty of such a kind as to make continued cohabitation intolerable) AND [ ] The claimant has not condoned any act relied on under section 8 (2) (b) of the Divorce Act (Canada) as a ground for divorce. |
| 3 The claimant confirms that: [The claimant seeking an order for divorce must check both of the following boxes.] |
[ ] There is no possibility of reconciliation. [ ] I do not know about and I am not involved in any arrangement to make up or to hide evidence or to deceive the court to obtain a divorce. |
| 4 Proof of marriage [Check whichever one of the following boxes is correct and complete any required information.] |
[ ] A certificate of marriage or of registration of marriage has been filed [ ] A certificate of marriage or of registration of marriage is not being filed with this notice of family claim because ...............[state the reasons]..............., and the certificate will be filed before this claim is set down for trial or an application is made for an order of divorce [ ] It is impossible to obtain a certificate of marriage or of registration of marriage because: ...............[state the reasons]............... |
| 5 Children [Check whichever one of the following boxes is correct and complete any required information.] |
[ ] There are no children of the marriage as defined by the Divorce Act (Canada) [ ] The children of the marriage are: Full name: Birthdate: [dd/mmm/yyyy] Resides with: |
| The following certificate must be completed by each party to a divorce claim. |
PARTY'S CERTIFICATE (Divorce Act (Canada), s. 7.6)
| [ ] | By checking this box, I, ................[name of party]................, certify that I am aware of my duties under sections 7.1 to 7.5 of the Divorce Act (Canada), which say: | |
| 7.1 | A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child. | |
| 7.2 | A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding. | |
| 7.3 | To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process. | |
| 7.4 | A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act. | |
| 7.5 | For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect. | |
| The following certificate must be completed for each party to a divorce claim who is represented by a legal adviser. |
LEGAL ADVISER'S CERTIFICATE (Divorce Act (Canada), s. 7.7 (3))
| [ ] | By checking this box, I, ................................, legal adviser for ................[name of party]................, certify that I have complied with section 7.7 of the Divorce Act (Canada), which says: | |||
| 7.7 | (1) Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse's behalf in a divorce proceeding | |||
| (a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and | ||||
| (b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation. | ||||
| (2) It is also the duty of every legal adviser who undertakes to act on a person's behalf in any proceeding under this Act | ||||
| (a) to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so; | ||||
| (b) to inform the person of the family justice services known to the legal adviser that might assist the person | ||||
| (i) in resolving the matters that may be the subject of an order under this Act, and | ||||
| (ii) in complying with any order or decision made under this Act; and | ||||
| (c) to inform the person of the parties' duties under this Act. | ||||
Form F3 (Rule 4-1 (1) )
SCHEDULE 2 — CHILDREN
| 1 Identification of child(ren) |
| The claimant is asking for an order in respect of the following child or children: |
| Child's full legal name | Child's birthdate [dd/mmm/yyyy] | Child's relationship to the claimant | Child's relationship to the respondent | Child habitually resident in BC since [dd/mmm/yyyy] | Child now living with |
| 2 Orders sought |
The claimant is asking for the following order(s): [Check the correct box(es) and complete the required information.] [ ] an order respecting arrangements for parenting for a child or children [Complete sections 3 and 4 below.] [ ] an order for child support [Complete sections 5 to 7 below.] |
| 3 Current arrangements for parenting |
| Current arrangements for parenting are: |
| 4 Proposed arrangements for parenting |
The claimant proposes the following arrangements for parenting: ...............[set out terms of proposed order sought in relation to arrangements for parenting, including custody, guardianship, parenting arrangements or contact with a child]............... [ ] the Divorce Act (Canada) [ ] the Family Law Act |
| 5 Current child support arrangements |
| Current child support arrangements are: |
| 6 Income of person being asked to pay child support [Check whichever one of the following boxes is correct and complete any required information.] |
[ ] The claimant does not know the income of the person being asked to pay child support [ ] The claimant believes that the income of the person being asked to pay child support is $..............., based on these facts: ............................................................................................................................................................ ............................................................................................................................................................ |
| 7 Proposed child support arrangements [Check the correct box(es) and complete the required information.] |
| The claimant is asking for: [ ] support in the amount set out in the child support guidelines table, commencing on .......... [date] ........, for the following child(ren): ...............[name(s) and date(s) of birth of child(ren)]............... [ ] special or extraordinary expenses in accordance with section 7 of the child support guidelines, commencing on ........[date]........., for the following child(ren): ...............[name(s) and date(s) of birth of child(ren)]............... [ ] an order for support in an amount different than the amount set out in the child support guidelines table, commencing on ........[date]........., for the following child(ren): ..........[name(s) and date(s) of birth of child(ren)].......... The claimant is asking for an order for child support under [Check one or both of the following boxes, as applicable] [ ] the Divorce Act (Canada) [ ] the Family Law Act |
Form F3 (Rule 4-1 (1) )
SCHEDULE 3 — SPOUSAL SUPPORT
| 1 Current arrangements for spousal support |
| Current spousal support arrangements are: |
| 2 Proposed spousal support arrangements [Check the correct box(es) and complete the required information.] |
[ ] The claimant is asking for an order for spousal support as follows: ...............[set out terms of proposed order sought in relation to spousal support]............... [ ] The claimant is asking for an order for spousal support under [Check one or both of the following boxes, as applicable.] [ ] the Divorce Act (Canada) [ ] the Family Law Act |
| 3 Income of claimant and respondent |
The claimant's gross annual income is $.........., [Check whichever one of the following boxes is correct and complete any required information.] [ ] The claimant does not know what the respondent's income is [ ] The claimant believes that the respondent's gross annual income is $.........., based on these facts: ............................................................................................................................................................. ............................................................................................................................................................. |
Note to Claimant AND Respondent: You must file financial information (Form F8) if there is a claim by you or against you for spousal support. If you do not file the financial information that is required, the court may attribute an amount of income to you and make a support award against you, based on that amount. |
Form F3 (Rule 4-1 (1) )
SCHEDULE 4 — PROPERTY
| 1 The claimant's claims |
A. Property and debt claims under the Family Law Act [Check whichever one of the following boxes is correct and complete any required information in relation to family property and family debt, as those terms are defined in the Family Law Act.] The claimant is asking for an order for: [ ] equal division of family property and family debt [ ] unequal division of family property and family debt, as follows and on the following grounds: ...............[set out details of proposed unequal division and the grounds on which it is made]............... Identify any relevant debt to the extent that it is known at this time: ................................................................................................................................................................... The address and legal description of any real property (land and buildings) in which the claimant claims an interest as a family property is: .................................................................................................................................................................. The claimant pleads the following property as excluded from family property under section 85 of the Family Law Act (explain the basis for the exclusion): ................................................................................................................................................................... B. Other property claims [Check the correct box(es) and complete the required information.] The claimant claims: [ ] occupancy rent / occupational rent [ ] an interest in the following property: ...............[specify every interest claimed in property and if an interest is claimed in real property, provide the address and legal description of that real property] .......................... [ ] an order for compensation instead of an interest in the property described as .......................[identify every property for which compensation is claimed and if compensation is claimed for real property, provide the address and legal description of that real property]................................................................................... on the following grounds: ...............[set out the grounds on which any claim under this paragraph for interest or compensation is based]......................................................................................................................... |
| 2 Certificate of Pending Litigation |
| [ ] The claimant is applying for a Certificate of Pending Litigation to be registered against the following real property (land or building): ...............[provide the legal description of every real property against which a Certificate of Pending Litigation is to be registered]............... |
Form F3 (Rule 4-1 (1) )
SCHEDULE 5 — OTHER ORDERS
The claimant is asking for the following orders: [Check the correct box(es) and complete the required information.] [ ] an order under the Name Act that the claimant's name be changed from ................[current full legal name]................ to ................[full new name]................ [ ] the following additional orders under the Family Law Act [Using numbered paragraphs, set out any orders sought under the Family Law Act that are not referred to in Schedules 1 to 4 and the sections of that Act under which those orders are sought.] 1 2 [ ] other orders [Using numbered paragraphs, set out terms of other proposed orders and the authority under which those orders are sought.] 1 2 |
Court File No.: ......................... Court Registry: .......................... In the Supreme Court of British Columbia Claimant: Respondent: RESPONSE TO FAMILY CLAIM [Rule 21-1 of the Supreme Court Family Rules applies to all forms] Filed by:................[party(ies)]................ |
| 1 Response to information in notice of family claim: |
| ||||||||||||||||||||||||
| 2 Response to claims in notice of family claim: |
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| 3 My address for service is [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.] |
| Address for Service: Fax (optional) E-mail (optional) |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) ...........................[type or print name].......................... |
| Note to Claimant AND Respondent: You must file financial information (Form F8) if any of the following apply: • there is a claim against you for spousal support or you are claiming spousal support; • there is a claim by either party for the division of property and/or debts under Part 5 or 6 of the Family Law Act; • there is a claim against you for the support of a child, OR • you are claiming child support unless all of the following conditions apply: (a) you are making no claim for any other kind of support; (b) the child support is for children who are not stepchildren; (c) none of the children for whom child support is claimed is 19 years of age or older; (d) the income of the person being asked to pay child support is under $150 000 per year; (e) you are not applying for special expenses under section 7 of the child support guidelines; (f) you are not applying for an order under section 8 of the child support guidelines; (g) you are not applying for an order under section 9 of the child support guidelines; (h) you are not making a claim based on undue hardship under section 10 of the child support guidelines. If you do not file the financial information that is required, the court may attribute an amount of income to you, and make a support award against you, based on that amount. |
| If in this family law case a claim is made under the Family Law Act and the respondent 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. |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of lawyer ...........................[type or print name].......................... |
| The following certificate must be completed by each party to a divorce claim. |
PARTY'S CERTIFICATE (Divorce Act (Canada), s. 7.6)
| [ ] | By checking this box, I, ................[name of party]................, certify that I am aware of my duties under sections 7.1 to 7.5 of the Divorce Act (Canada), which say: | |
| 7.1 | A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child. | |
| 7.2 | A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding. | |
| 7.3 | To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process. | |
| 7.4 | A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act. | |
| 7.5 | For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect. | |
| The following certificate must be completed for each party to a divorce claim who is represented by a legal adviser. |
LEGAL ADVISER'S CERTIFICATE (Divorce Act (Canada), s. 7.7 (3))
| [ ] | By checking this box, I, ................................, legal adviser for ................[name of party]................, certify that I have complied with section 7.7 of the Divorce Act (Canada), which says: | |||
| 7.7 | (1) Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse's behalf in a divorce proceeding | |||
| (a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and | ||||
| (b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation. | ||||
| (2) It is also the duty of every legal adviser who undertakes to act on a person's behalf in any proceeding under this Act | ||||
| (a) to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so; | ||||
| (b) to inform the person of the family justice services known to the legal adviser that might assist the person | ||||
| (i) in resolving the matters that may be the subject of an order under this Act, and | ||||
| (ii) in complying with any order or decision made under this Act; and | ||||
| (c) to inform the person of the parties' duties under this Act. | ||||
Court File No.: ......................... Court Registry: .......................... In the Supreme Court of British Columbia Claimant: Respondent: COUNTERCLAIM [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] Filed by: ................[party(ies)]................ (the "respondent") This counterclaim has been made by the above-named respondent(s) for the relief set out in section 1 below. If you intend to respond to this counterclaim, you or your lawyer must (a) file a response to counterclaim in Form F6 in the above-named registry of this court within 30 days after the date on which a copy of the filed counterclaim was served on you, and (b) serve a copy of the filed response to counterclaim on all parties. Orders, including orders granting the relief claimed, may be made against you if you fail to file the response to counterclaim within the 30 day period referred to above. |
| 1 Spousal relationship history [Check the correct box(es).] |
The claimant, ................[name]................ and the respondent ................[name]................: [ ] Began to live together in a marriage-like relationship on ................[dd/mmm/yyyy]................. [ ] Were married on ................[dd/mmm/yyyy]................. at.................[city or town; province or state; country]................. [ ] Separated on ................[dd/mmm/yyyy]................. [ ] Were divorced from each other by order made on ................[dd/mmm/yyyy]................. |
| 2 Counterclaim [Check the correct box(es) and complete and attach the required Schedule(s).] |
The respondent is asking for the following: [ ] An order for divorce — [complete and attach Schedule 1] [ ] An order respecting child(ren) — [complete and attach Schedule 2] [ ] An order for spousal support — [complete and attach Schedule 3] [ ] An order relating to family property and family debt — [complete and attach Schedule 4] [ ] Another order — [complete and attach Schedule 5] [ ] An order for costs An order to [ ] confirm or [ ] set aside [check whichever one of the following boxes is correct and complete the required information] a written agreement dated ..............[dd/mmm/yyyy].............. in respect of [ ] spousal support [ ] child support [ ] division of property and/or debt [ ] other for the following reasons: ..................................................................................................................... |
| 3 The respondent's address for service is [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.] |
| Address for Service: Fax (optional) E-mail (optional) |
| Date: ................[dd/mmm/yyyy]................. | ............................................................................... Signature of [ ] filing party [ ] lawyer for filing party(ies) ........................[type or print name]........................... |
Note to Claimant AND Respondent: you must file financial information (Form F8) if any of the following apply: • there is a claim against you for spousal support or you are claiming spousal support; • there is a claim by either party for the division of property and/or debts under Part 5 or 6 of the Family Law Act; • there is a claim against you for the support of a child, OR • you are claiming child support unless all of the following conditions apply: (a) you are making no claim for any other kind of support; (b) the child support is for children who are not stepchildren; (c) none of the children for whom child support is claimed is 19 years of age or older; (d) the income of the person being asked to pay child support is under $150 000 per year; (e) you are not applying for special expenses under section 7 of the child support guidelines; (f) you are not applying for an order under section 8 of the child support guidelines; (g) you are not applying for an order under section 9 of the child support guidelines; (h) you are not making a claim based on undue hardship under section 10 of the child support guidelines. If you do not file the financial information that is required, the court may attribute an amount of income to you, and make a support award against you, based on that amount. |
Form F5 (Rule 4-4 (2) )
SCHEDULE 1 — DIVORCE
| 1 Personal information |
| Claimant | Respondent | |
| Birthdate: [date] | ||
| Habitually resident in British Columbia since: [date] | ||
| Surname at birth: | ||
| Surname immediately before marriage: | ||
| Marital status immediately before marriage: | [ ] never married [ ] divorced [ ] widowed | [ ] never married [ ] divorced [ ] widowed |
| Place of marriage: [city or town; province or state; country] |
| 2 Grounds for the respondent's claim for divorce |
[ ] The respondent asks for an order for divorce on these grounds: [If divorce is claimed as a result of having lived separate and apart, complete paragraph (i).] (i) [ ] The respondent and the respondent's spouse have lived separate and apart since ................[date]................. AND [Check whichever one of the following boxes is correct and complete any required information.] [ ] the respondent and his or her spouse have not lived together since then [ ] the respondent and his or her spouse have lived together again during the following period(s), in an unsuccessful attempt to reconcile: ................[give dates of period(s)]................ [If divorce is claimed on grounds other than having lived separate and apart, complete paragraph (ii) by checking both of the following boxes and completing the required information.] (ii) [ ] Other grounds, under section 8 (2) (b) of the Divorce Act (Canada): [ ] Adultery (the respondent has committed adultery [ ] Cruelty (the respondent has treated the applicant with physical or mental cruelty of such a kind as to make continued cohabitation intolerable) AND [ ] The respondent has not condoned any act relied on under section 8 (2) (b) of the Divorce Act (Canada) as a ground for divorce. |
| 3 The respondent confirms that: [The respondent seeking an order for divorce must check both of the following boxes.] |
[ ] There is no possibility of reconciliation. [ ] I do not know about and I am not involved in any arrangement to make up or to hide evidence or to deceive the court to obtain a divorce. |
| 4 Proof of marriage [Check whichever one of the following boxes is correct and complete any required information.] |
[ ] A certificate of marriage or of registration of marriage has been filed [ ] A certificate of marriage or of registration of marriage is not being filed with this counterclaim because ...............[state the reasons]..............., and the certificate will be filed before this claim is set down for trial or an application is made for an order of divorce [ ] It is impossible to obtain a certificate of marriage or of registration of marriage because |
| 5 Children [Check whichever one of the following boxes is correct and complete any required information.] |
[ ] There are no children of the marriage as defined by the Divorce Act (Canada) [ ] The children of the marriage are: Full name: Birthdate: [date] Resides with: |
| The following certificate must be completed by each party to a divorce claim. |
PARTY'S CERTIFICATE (Divorce Act (Canada), s. 7.6)
| [ ] | By checking this box, I, ................[name of party]................, certify that I am aware of my duties under sections 7.1 to 7.5 of the Divorce Act (Canada), which say: | |
| 7.1 | A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child. | |
| 7.2 | A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding. | |
| 7.3 | To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process. | |
| 7.4 | A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act. | |
| 7.5 | For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect. | |
| The following certificate must be completed for each party to a divorce claim who is represented by a legal adviser. |
LEGAL ADVISER'S CERTIFICATE (Divorce Act (Canada), s. 7.7 (3))
| [ ] | By checking this box, I, ................................, legal adviser for ................[name of party]................, certify that I have complied with section 7.7 of the Divorce Act (Canada), which says: | |||
| 7.7 | (1) Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse's behalf in a divorce proceeding | |||
| (a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and | ||||
| (b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation. | ||||
| (2) It is also the duty of every legal adviser who undertakes to act on a person's behalf in any proceeding under this Act | ||||
| (a) to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so; | ||||
| (b) to inform the person of the family justice services known to the legal adviser that might assist the person | ||||
| (i) in resolving the matters that may be the subject of an order under this Act, and | ||||
| (ii) in complying with any order or decision made under this Act; and | ||||
| (c) to inform the person of the parties' duties under this Act. | ||||
Form F5 (Rule 4-4 (2) )
SCHEDULE 2 — CHILDREN
| 1 Identification of child(ren) |
| The respondent is asking for an order in respect of the following child or children: |
| Child's full legal name | Child's birthdate [dd/mmm/yyyy] | Child's relationship to the claimant | Child's relationship to the respondent | Child habitually resident in BC since [dd/mmm/yyyy] | Child now living with |
| 2 Orders sought |
The respondent is asking for the following order(s): [Check the correct box(es) and complete the required information.] [ ] an order respecting arrangements for parenting [Complete sections 3 and 4 below.] [ ] an order for child support [Complete sections 5 to 7 below.] |
| 3 Current arrangements for parenting |
| Current arrangements for parenting are: |
| 4 Proposed arrangements for parenting |
The respondent proposes the following arrangements for parenting: ...............[set out terms of proposed order sought in relation to arrangements for parenting, including custody, guardianship, parenting arrangements or contact with a child]............... The respondent is asking for this order under [Check one or both of the following boxes, as applicable.] [ ] the Divorce Act (Canada) [ ] the Family Law Act |
| 5 Current child support arrangements |
| Current child support arrangements are: |
| 6 Income of person being asked to pay child support [Check whichever one of the following boxes is correct and complete any required information.] |
[ ] The respondent does not know the income of the person being asked to pay child support [ ] The respondent believes that the income of the person being asked to pay child support is $................., based on these facts: .............................................................................................................................................................. .............................................................................................................................................................. |
| 7 Proposed child support arrangements [Check the correct box(es) and complete the required information.] |
The respondent is asking for: [ ] support in the amount set out in the child support guidelines table, commencing on...........[date]........., for the following child(ren): ...............[name(s) and date(s) of birth of child(ren)]............... [ ] special or extraordinary expenses in accordance with section 7 of the child support guidelines, commencing on...........[date]........., for the following child(ren): ...............[name(s) and date(s) of birth of child(ren)]............... [ ] an order for support in an amount different than the amount set out in the child support guidelines table, commencing on...........[date]........., for the following child(ren): ..........[name(s) and date(s) of birth of child(ren)].......... The respondent is asking for an order for child support under [Check one or both of the following boxes, as applicable.] [ ] the Divorce Act (Canada) [ ] the Family Law Act |
Form F5 (Rule 4-4 (2) )
SCHEDULE 3 — SPOUSAL SUPPORT
| 1 Current arrangements for spousal support |
| The current arrangements for spousal support are: |
| 2 Proposed spousal support arrangements [Check the correct box(es) and complete the required information.] |
[ ] The respondent is asking for an order for spousal support as follows: ...............[set out terms of proposed order sought in relation to spousal support]............... [ ] The respondent is asking for an order for spousal support under [Check one or both of the following boxes, as applicable.] [ ] the Divorce Act (Canada) [ ] the Family Law Act |
| 3 Income of claimant and respondent |
The respondent's gross annual income is $.........., [Check whichever one of the following boxes is correct and complete any required information.] [ ] The respondent does not know what the claimant's income is [ ] The respondent believes that the claimant's gross annual income is $.............., based on these facts: ............................................................................................................................................................... ............................................................................................................................................................... |
Note to Claimant AND Respondent: you must file financial information (Form F8) if there is a claim by you or against you for spousal support. If you do not file the financial information that is required, the court may attribute an amount of income to you and make a support award against you, based on that amount. |
Form F5 (Rule 4-4 (2) )
SCHEDULE 4 — PROPERTY
| 1 The respondent's claims |
A. Property and debt claims under the Family Law Act [Check whichever one of the following boxes is correct and complete any required information in relation to family property and family debt, as those terms are defined in the Family Law Act.] The respondent is asking for an order for: [ ] equal division of family property and family debt [ ] unequal division of family property and family debt, as follows and on the following grounds: ...............[set out details of proposed unequal division and the grounds on which it is made]............... Identify any relevant debt to the extent that it is known at this time: ................................................................................................................................................................... The address and legal description of any real property (land and buildings) in which the claimant claims an interest as a family property is: .................................................................................................................................................................. The respondent pleads the following property as excluded from family property under section 85 of the Family Law Act (explain the basis for the exclusion): ................................................................................................................................................................... B. Other property claims [Check the correct box(es) and complete the required information.] The respondent claims: [ ] occupancy rent / occupational rent [ ] an interest in the following property: ...............[specify every interest claimed in property and if an interest is claimed in real property, provide the address and legal description of that real property] ............................................................................................................................................................................................. [ ] an order for compensation instead of an interest in the property described as .......................[identify every property for which compensation is claimed and if compensation is claimed for real property, provide the address and legal description of that real property]..................................................................................... on the following grounds:...............[set out the grounds on which any claim under this paragraph for interest or compensation is based]........................ |
| 2 Certificate of Pending Litigation |
| [ ] The respondent is applying for a Certificate of Pending Litigation to be registered against the following real property (land or building): ...............[provide the legal description of every real property against which a Certificate of Pending Litigation is to be registered]............... |
Form F5 (Rule 4-4 (2) )
SCHEDULE 5 — OTHER ORDERS
The respondent is asking for the following orders: [Check the correct box(es) and complete the required information.] [ ] an order under the Name Act that the respondent's name be changed from ................[current full legal name]................ to ................[full new name]................ [ ] the following additional orders under the Family Law Act [Using numbered paragraphs, set out any orders sought under the Family Law Act that are not referred to in Schedules 1 to 4 and the sections of that Act under which those orders are sought.] 1 2 [ ] other orders [Using numbered paragraphs, set out terms of other proposed orders and the authority under which those orders are sought.] 1 2 |
Court File No.: ......................... Court Registry: .......................... In the Supreme Court of British Columbia Claimant: Respondent: RESPONSE TO COUNTERCLAIM [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] Filed by: ................[party(ies)]................ |
| 1 Response to information in counterclaim |
| ||||||||||||||||||||
| 2 Response to claims in counterclaim: |
| This is my response to claims made against me in the Schedules to the counterclaim: | ||
| [For each of the claims identified below that are made in the counterclaim, indicate whether you agree or disagree with that claim by checking the correct box opposite that claim.] | ||
| Claim for divorce (Schedule 1, section 2) | [ ] Agree | [ ] Disagree |
| Parenting arrangements (Schedule 2, section 4) | [ ] Agree | [ ] Disagree |
| Child support (Schedule 2, section 7) | [ ] Agree | [ ] Disagree |
| Spousal support (Schedule 3, section 2) | [ ] Agree | [ ] Disagree |
| Division of family property and family debt (Schedule 4, section 1) | [ ] Agree | [ ] Disagree |
| Other property claim(s) (Schedule 4, section 1) | [ ] Agree | [ ] Disagree |
| Other orders (Schedule 5) [identify each claim made in Schedule 5 of the counterclaim and indicate whether you agree or disagree with that claim by checking the correct box opposite that claim] | ||
[claim] | [ ] Agree | [ ] Disagree |
[claim] | [ ] Agree | [ ] Disagree |
| 3 My address for service is [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.] |
Address for Service: Fax (optional) E-mail (optional) |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) ...........................[type or print name].......................... |
| Note to Claimant AND Respondent: You may be required to file financial information (Form F8) if there is a claim by you or against you for support of a child or spouse. See the note at the end of Schedules 1 and 2 of the counterclaim for details. If you do not file the financial information that is required, the court may attribute an amount of income to you and make a support award against you, based on that amount. |
| The following certificate must be completed by each party to a divorce claim. |
PARTY'S CERTIFICATE (Divorce Act (Canada), s. 7.6)
| [ ] | By checking this box, I, ................[name of party]................, certify that I am aware of my duties under sections 7.1 to 7.5 of the Divorce Act (Canada), which say: | |
| 7.1 | A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child. | |
| 7.2 | A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding. | |
| 7.3 | To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process. | |
| 7.4 | A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act. | |
| 7.5 | For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect. | |
| The following certificate must be completed for each party to a divorce claim who is represented by a legal adviser. |
LEGAL ADVISER'S CERTIFICATE (Divorce Act (Canada), s. 7.7 (3))
| [ ] | By checking this box, I, ................................, legal adviser for ................[name of party]................, certify that I have complied with section 7.7 of the Divorce Act (Canada), which says: | |||
| 7.7 | (1) Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse's behalf in a divorce proceeding | |||
| (a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and | ||||
| (b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation. | ||||
| (2) It is also the duty of every legal adviser who undertakes to act on a person's behalf in any proceeding under this Act | ||||
| (a) to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so; | ||||
| (b) to inform the person of the family justice services known to the legal adviser that might assist the person | ||||
| (i) in resolving the matters that may be the subject of an order under this Act, and | ||||
| (ii) in complying with any order or decision made under this Act; and | ||||
| (c) to inform the person of the parties' duties under this Act. | ||||
Court File No.: ......................... Court Registry: .......................... In the Supreme Court of British Columbia Claimant: Respondent: NOTICE OF WITHDRAWAL IN FAMILY LAW CASE IN WHICH A DIVORCE IS CLAIMED [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] TAKE NOTICE that ................[party(ies)]................ withdraw(s) [Check the correct box(es) and complete any required information.] [ ] the whole of my/their [ ] notice of family claim [ ] response to family claim [ ] counterclaim [ ] response to counterclaim [OR] [ ] the following part(s) of my/their [ ] notice of family claim [ ] response to family claim [ ] counterclaim [ ] response to counterclaim ................[describe the part(s) withdrawn]................ |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] withdrawing party [ ] lawyer for withdrawing party(ies) ...........................[type or print name].......................... |
Form F8 (Rule 5-1 and 7-1 (8), 10) and (11) )
This is the ......[1st/2nd/3rd/etc.]...... affidavit Court File No.: ......................... Court Registry: .......................... In the Supreme Court of British Columbia Claimant: Respondent: FINANCIAL STATEMENT [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] |
Instructions for Completion You must file financial information (Form F8) if any of the following apply: • there is a claim against you for spousal support or you are claiming spousal support; • there is a claim by either party for the division of property and/or debts under Part 5 or 6 of the Family Law Act; • there is a claim against you for the support of a child, OR • you are claiming child support unless all of the following conditions apply: (a) you are making no claim for any other kind of support; (b) the child support is for children who are not stepchildren; (c) none of the children for whom child support is claimed is 19 years of age or older; (d) the income of the person being asked to pay child support is under $150 000 per year; (e) you are not applying for special expenses under section 7 of the child support guidelines; (f) you are not applying for an order under section 8 of the child support guidelines; (g) you are not applying for an order under section 9 of the child support guidelines; (h) you are not making a claim based on undue hardship under section 10 of the child support guidelines. If you do not file the financial information that is required, the court may attribute an amount of income to you, and make a support award against you, based on that amount. |
I, ................[name]................, of ...............[address for service]..............., SWEAR (OR AFFIRM) THAT: 1 The information set out in this financial statement is true and complete to the best of my knowledge. [Check whichever of the following boxes is correct and complete any required information.] 2 [ ] I do not anticipate any significant changes in the information set out in this financial statement. [ ] I anticipate the following significant changes in the information set out in this financial statement: ....................................................................................................................................................... |
....[print name or affix stamp of commissioner].... |
PART 1 — INCOME
You do not need to complete Part 1 if ALL of the following apply: (a) the other party does not claim child support from you; (b) there are no claims for special expenses under section 7 of the child support guidelines; (c) the current parenting arrangement does not involve split or shared custody under section 8 or section 9 of the child support guidelines; (d) there are no claims for split or shared custody; (e) there are no claims for child support relating to stepchildren; (f) there are no children 19 years or older for whom support is sought; (g) the payor's child support guidelines income is less than $150 000 per year; (h) there are no claims for undue hardship under section 10 of the child support guidelines; (i) there are no claims for retroactive child support; (j) there are no claims for spousal support. A Employer information: [ ] I am employed by ................[name and address of employer]................ [ ] I am self employed as ................[trade or occupation]................ [ ] I operate an unincorporated business, the name and address of which is ................[name and address of business]................ [ ] I am unemployed B Documentation supplied: I have attached to this statement or serve with it a copy of each of the following applicable income documents [Check the first 2 boxes and check each other box that applies to you and provide the documents referred to beside each checked box.]: [ ] every personal income tax return, including all attachments, that I have filed for each of the 3 most recent taxation years; [ ] every income tax notice of assessment or reassessment I have received for each of the 3 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, if 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 3 most recent EI benefit statements; [ ] [if you are receiving Workers' Compensation benefits] my 3 most recent WCB benefit statements; [ ] [if you are receiving income assistance] a statement confirming the amount of income assistance that I receive; [ ] [if you are self-employed] for the 3 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 in a partnership] confirmation of my income and draw from, and capital in, the partnership for its 3 most recent taxation years; [ ] [if you control a corporation] for the corporation's 3 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; [ ] [if you are a beneficiary under a trust] the trust settlement agreement and the trust's 3 most recent financial statements; [ ] [if you own or have an interest in real property] the most recent assessment notice issued from an assessment authority for the property. NOTE: If the applicable income documents are not attached to or served with this financial statement, they must nonetheless be provided to the other party if and as required by Rule 5-1 of the Supreme Court Family Rules. C Annual Income If line 150 (total income) of your most recent federal income tax return sets out what you expect your income will be for this year and you are not obliged under Note 1 below to complete Schedule A of this Form, ignore lines 1 to 7 below and record the number from line 150 of your most recent federal income tax return at line 8 below. Otherwise, record what you expect your income for this year to be from each of the following sources of income that applies to you. Record gross annual amounts. |
| LINE | GUIDELINE INCOME FOR BASIC CHILD SUPPORT CLAIM | ||
| Sources and amounts of annual income | |||
| 1 | Employment income ($..........) paid: [ ] monthly / [ ] twice each month / [ ] every 2 weeks) | + | |
| 2 | Employment insurance benefits | + | |
| 3 | Workers' compensation benefits | + | |
| 4 | Interest and investment income | + | |
| 5 | Pension income | + | |
| 6 | Income assistance relating to self | + | |
| 7 | Other income (attach Schedule A) — see Note 1 | + | |
| 8 | Child support guidelines income before adjustments [If you are required to complete lines 1 through 7 above, | = | |
| Adjustments to income | |||
| 9 | Subtract union and professional dues | − | ( ) |
| 10 | Adjustments in accordance with Schedule III of the child support guidelines per line 8 of Schedule B (attached) — see Note 2 | + − | ( ) |
| 11 | Child support guidelines income for basic child support (line 8 as adjusted by lines 9 and 10) | = | |
| CHILD SUPPORT GUIDELINE INCOME TO DETERMINE SPECIAL EXPENSES | |||
| Child support guidelines income (from line 11 of this table) | |||
| 12 | Add spousal support received from the other party to this family law case | + | |
| 13 | Subtract spousal support paid to the other party to this family law case | — | ( ) |
| 14 | Add Canada Child Tax Benefit relating to children for whom special or extraordinary expenses are sought | + | |
| 15 | Child support guidelines income to determine special expenses (line 11 as adjusted by lines 12, 13 and 14) | = | |
| INCOME TO BE INCLUDED FOR SPOUSAL SUPPORT CLAIM | |||
| Child support guidelines income (from line 11 of this table) | |||
| 16 | Total child support received | + | |
| 17 | Income assistance received for other members of household | + | |
| 18 | Canada Child Tax Benefit and BC Family Bonus | + | |
| 19 | Total income to be used for a spousal support claim (line 11 plus lines 16, 17 and 18) | = |
Note: 1 You must complete Schedule A of this Form and include, at line 7 above, the total income recorded at line 11 of Schedule A, if you expect to receive income this year from any of the following sources: (a) taxable dividends from Canadian corporations; (b) net partnership income (limited or non-active partners only); (c) rental income; (d) taxable capital gains; (e) registered retirement savings income; (f) self-employment income; (g) any other taxable income that is not included in paragraphs (a) to (f) or in lines 1 to 5 of Schedule A. 2 If there are any adjustments as set out in Schedule III of the child support guidelines that apply to you, you must (a) complete Schedule B of this Form, and (b) include at line 10 above, the amount recorded at line 8 of that completed Schedule B. |
SCHEDULE A — OTHER INCOME
| LINE | OTHER SOURCES OF INCOME | |||
| 1 | Self-employment income: Gross = $..........; Net = $..........  Note: Provide financial statements of the business, including any statement of business activities filed as part of your income tax return | + | ||
| 2 | Other employment income | + | ||
| 3 | Net partnership income: limited or non-active partners only | + | ||
| 4 | Rental income: Gross = $..........; Net = $.......... | + | ||
| 5 | Total amount of dividends from Taxable Canadian Corporations | + | ||
| 6 | Total capital gains ($..........) minus total capital losses ($..........) = | + | ||
| 7 | Spousal support from another relationship or marriage | + | ||
| 8 | Registered retirement savings plan income | + | ||
| 9 | Net federal supplements | + | ||
| 10 | Any other income | + | ||
| 11 | Total of lines 1 through 10 | + | ||
SCHEDULE B — ADJUSTMENTS TO INCOME
| LINE | DEDUCTIONS | ||||
| 1 | Employment expenses, other than union or professional dues, claimed under Schedule III of the child support guidelines [list] | − | |||
| • ............................................. $.......... | |||||
| • ............................................. $.......... | |||||
| Total $.......... | | ||||
| 2 | Actual business investment losses during the year | − | |||
| 3 | Carrying charges and interest expenses paid and deductible under the Income Tax Act (Canada): [list] | − | |||
| • ............................................. $.......... | |||||
| • ............................................. $.......... | |||||
| Total $.......... | | ||||
| 4 | Prior period earnings ($..........) minus reserves ($..........) = | | − | ||
| 5 | Portion of partnership and sole proprietorship income required to be re-invested | − | |||
| ADDITIONS | |||||
| 6 | Capital cost allowance for real property | + | |||
| 7 | Employee stock options in Canadian-controlled private corporations exercised: value of shares when options exercised ($..........) minus amount paid for shares ($..........) minus amount paid to acquire option ($..........) = | | + | ||
| 8 | Total adjustments | ||||
PART 2 — MONTHLY EXPENSES
| You must complete Part 2 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 one or more of the following conditions applies: • one or more of the children is a stepchild; • one or more of the children for whom child support is claimed is 19 years of age or older; • the current parenting arrangement involves split or shared custody under section 8 or 9 of the child support guidelines or there is an application for an order under section 9 of the child support guidelines; • the income of the party being asked to pay child support is more than $150 000 per year OR | |
| (c) | there is a claim against you for child support and you intend to make a hardship claim under the child support guidelines OR | |
| (d) | there is a claim by you for child support and the opposite party has made a hardship claim under the child support guidelines OR | |
| (e) | there is a claim, either by you or against you, for child support and there is a claim for special expenses under section 7 of the child support guidelines. | |
| Monthly | ||
| Compulsory deductions | ||
| CPP contributions | ||
| EI premiums | ||
| Income taxes | ||
| Employee pension contributions | ||
| Other [specify] | ||
| Compulsory Deductions Sub-total | ||
| Housing | ||
| Rent or mortgage | ||
| Property taxes | ||
| Property insurance | ||
| Water, sewer, garbage | ||
| Strata fees | ||
| House repairs and maintenance | ||
| Other [specify] | ||
| Housing Sub-total | ||
| Utilities | ||
| Heat and electricity | ||
| Telephone | ||
| Cellular telephone | ||
| Cable TV | ||
| Internet service | ||
| Other [specify] | ||
| Utilities Sub-total | ||
| Household expenses | ||
| Food | ||
| Household supplies | ||
| Meals outside the home | ||
| Furnishings and equipment | ||
| Other [specify] | ||
| Household expenses Sub-total | ||
| Transportation | ||
| Public transit, taxis | ||
| Gas and oil | ||
| Car insurance and licence | ||
| Parking | ||
| Repairs and maintenance | ||
| Lease payments | ||
| Other [specify] | ||
| Transportation Sub-total | ||
| Other | ||
| Charitable donations | ||
| Vacation | ||
| Pet care | ||
| Newspapers, publications | ||
| Other [specify] | ||
| Other Sub-total | ||
| Health | ||
| Extended health premiums | ||
| Dental plan premiums | ||
| Health care (net of coverage) | ||
| Drugs (net of coverage) | ||
| Dental care (net of coverage) | ||
| Other [specify] | ||
| Health Sub-total | ||
| Personal | ||
| Clothing | ||
| Hair care | ||
| Toiletries, cosmetics | ||
| Education [specify] | ||
| Life insurance | ||
| Dry cleaning/laundry | ||
| Entertainment/recreation | ||
| Gifts | ||
| Other [specify] | ||
| Personal Sub-total | ||
| Children | ||
| Child care | ||
| Clothing | ||
| Hair care | ||
| School fees and supplies | ||
| Entertainment/recreation | ||
| Activities and lessons | ||
| Gifts | ||
| Insurance | ||
| Other [specify] | ||
| Children Sub-total | ||
| Savings | ||
| RRSP | ||
| RESP | ||
| Other [specify] | ||
| Savings Sub-total | ||
| Support payments to others | ||
| [specify] | ||
| Support payments to others Sub-total | ||
| Debt payments | ||
| [specify minimum monthly payments] | ||
| Debt payments Sub-total | ||
| TOTAL MONTHLY EXPENSES | ||
| TOTAL ANNUAL EXPENSES [multiply TOTAL MONTHLY EXPENSES by 12] | ||
PART 3 — PROPERTY
| You must complete Part 3 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 one or more of the following conditions applies: • one or more of the children is a stepchild; • one or more of the children for whom child support is claimed is 19 years of age or older; • there is an application for an order under section 9 of the child support guidelines; • the income of the party being asked to pay child support is more than $150 000 per year OR | |
| (c) | there is a claim against you for child support and you intend to make a hardship claim under the child support guidelines OR | |
| (d) | there is a claim by you for child support and the opposite party has made a hardship claim under the child support guidelines OR | |
| (e) | there is a claim, either by you or against you, for child support and there is a claim for special expenses under section 7 of the child support guidelines OR | |
| (f) | there is a property claim, either by you or against you, under Part 5 or 6 of the Family Law Act. | |
ASSETS
List all assets that you own, regardless of whether or not the other party has made a claim.
| Assets | Details | Date Acquired [date] | Value | |
| 1 Real estate • Attach a copy of the most recent assessment notice for any property that you own or in which you have an interest. • Provide details, including address or legal description and nature of interest, of any interest you have in land, including leasehold interests and mortgages, whether or not you are registered as owner. • Record the estimated market value of your interest without deducting encumbrances or costs of disposition. [Record encumbrances under DEBTS below.] | ||||
| Real estate Sub-total | ||||
| 2 Vehicles • List cars, trucks, motorcycles, trailers, motor homes, boats, etc. | ||||
| Vehicles Sub-total | ||||
| 3 Financial assets • List savings and chequing accounts, term deposits, GIC's, stocks, bonds, Canada Savings Bonds, mutual funds, insurance policies [indicate beneficiaries], accounts receivable, etc. • Record account number and name of institution where accounts are held. | ||||
| Financial assets Sub-total | ||||
| 4 Pensions and RRSP's • Record name of institution where accounts are held, name and address of pension plan and pension details. | ||||
| Pensions and RRSP's Sub-total | ||||
| 5 Business interests • List any interest you hold, directly or indirectly, in any unincorporated business, including partnerships, trusts and joint ventures. • List any interests you hold in incorporated businesses. • Record the name and address of the company. | ||||
| Business interests Sub-total | ||||
| 6 Other • Include precious metals, collections, works of art and any jewellery or household items of extraordinary value. • Include location of safety deposit boxes. | ||||
| Other Sub-total | ||||
| TOTAL | ||||
DEBTS
| Show your debts and other liabilities, whether arising from personal or business dealings, by category, such as mortgages, charges, liens, notes, credit cards, accounts payable and tax arrears. Include contingent liabilities such as guarantees and indicate that they are contingent. |
| Debt | Details | Date Incurred [date] | Amount | |
| Secured debts • Mortgages • Other (specify) | ||||
| Secured debts Sub-total | ||||
| Unsecured debts • Bank loans • Personal loans • Credit cards [list] • Other [specify] | ||||
| Unsecured debts Sub-total | ||||
| TOTAL | ||||
EXCLUDED PROPERTY
| Of the assets listed above, list which ones are excluded property or form part of the excluded property claim. |
| Description | Date of Acquisition | Value at Acquisition or Commencement | Current Value |
DISPOSAL OF PROPERTY
| List all real and personal property disposed of during the 2 years preceding this statement or, if the parties married within that 2 year period, since the date of marriage. |
| Description [describe the property disposed of] | Date of Disposal [date] | Value |
PART 4 — SPECIAL OR EXTRAORDINARY EXPENSES
You must complete Part 4 if there is a claim, either by you or against you, for child support and there is a claim for special expenses under section 7 of the child support guidelines. Note: 1 Provide a separate statement under this Part 4 for each child for whom a claim is made. 2 To calculate a net amount, subtract, from the gross amount, subsidies, benefits, income tax deductions or credits relating to the expense. |
| Name of child: | Annual Gross | Annual Net | Monthly Gross | Monthly Net |
| Child care expenses | ||||
| Medical/dental insurance premiums attributable to child | ||||
| Health related expenses that exceed insurance reimbursement by at least $100 | ||||
| Extraordinary expenses for primary or secondary school | ||||
| Post-secondary education expenses | ||||
| Extraordinary extracurricular expenses [list] | ||||
| Subtract contributions from child | ( ) | ( ) | ( ) | ( ) |
| TOTAL |
PART 5 — UNDUE HARDSHIP
| You must complete Part 5 if there is a claim against you for child support and you intend to make an undue hardship claim under the child support guidelines. |
| 1 Responsibility for unusually high debts reasonably incurred to support the family prior to separation or in order to earn a living | ||
| Owed to: | Terms of debt: | Monthly Amount |
| • [list] | • [provide details] | $.......... |
| Total | $.......... | |
| 2 Unusually high expenses for exercising parenting time or contact with, or access to, a child | ||
| Details of expense | Amount | |
| • [list] | $.......... | |
| Total | $.......... | |
| 3 Legal duty under a court order or separation agreement to support another person | ||
| Name of person | Relationship | Nature of duty |
| 4 Legal duty to support a child, other than a child for whom support is claimed, who is (a) under age 19, or (b) 19 or older but unable to be self-supported because of illness, disability or other cause | ||
| Name of person | Relationship | Nature of duty |
| 5 Legal duty to support a person who is unable to be self-supported because of illness or disability | ||
| Name of person | Relationship | Nature of duty |
| 6 Other undue hardship circumstances [provide details] | ||
PART 6 — INCOME OF OTHER PERSONS IN HOUSEHOLD
| You must complete Part 6 if | ||
| (a) | there is a claim against you for child support and you intend to make an undue hardship claim under the child support guidelines OR | |
| (b) | there is a claim by you for child support and the other party has made an undue hardship claim under the child support guidelines. | |
| Name of person | Annual income |
| Total |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
AGREEMENT AS TO ANNUAL INCOME
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
The parties agree that the income of the payor, ........[name of party who will pay child support]........, for the purposes of the child support guidelines is $..... per year.
| Date: ........................................ | Date:........................................ |
| ........................................................................ Signature of payor | ....................................................................... Signature of recipient |
Note:
There must be filed in the registry, with this Form F9, a copy of the most recent personal income tax return filed by the payor and a copy of the most recent income tax assessment the payor received, but if one or both of those documents is unavailable, there must be filed with this Form F9 whichever of those documents is available, if any, along with an affidavit
(a) explaining why the unfiled documents are not available, and
(b) providing evidence to satisfy the court that the amount of income and child support agreed to by the parties is reasonable.
Form F10 (Rule 6-1 (3) and 8-2 (10) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF ADDRESS FOR SERVICE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
The address for service of ................[party(ies)]................ is:
[Check whichever of the following boxes is correct and complete the required information.]
[ ] I am represented by a lawyer in the family law case.
| Name and office address of party's lawyer: [this must be an accessible address] | |
| Additional addresses for service (optional) | |
| Lawyer's fax number: | |
| Lawyer's e-mail address: | |
[OR]
[ ] I am not represented by a lawyer in the family law case.
| Residential address or business address: [this must be an accessible address] | |
| [If the residential address or business address noted above is more than 30 kilometres from the registry, the party must provide at least one of the following in addition to the address noted above. In any case, the party may provide one or more of the following as additional addresses for service.] | |
| Postal address in British Columbia: | |
| Fax number: | |
| E-mail address: | |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
Rule 1-1 (1) of the Supreme Court Family Rules defines "accessible address" as follows:
"accessible address" means an address that describes a unique and identifiable location in British Columbia that is accessible to the public during normal business hours for the delivery of documents;
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE FOR PUBLICATION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ........................[party(ies)]........................
TAKE NOTICE THAT on ........[dd/mmm/yyyy]........ an order was made for service on you of a ........[notice of family claim/counterclaim/petition]........ issued from the ................[location]................ Registry of the Supreme Court of British Columbia in family law case number ........[registry number]........ by way of this advertisement.
In the family law case, the ........[claimant/respondent/petitioner]........ claims the following relief against you: ........[describe the relief claimed; e.g. divorce, orders for guardianship, parenting arrangements or contact with a child, child support, spousal support, division of family property and family debt or other property relief]........ .
You must file a ........[response to family claim/response to counterclaim/response to petition]........ within 30 days after the date of the publication of this notice [OR, if the court orders a different period, within .....number of days set out in order].... after the date of the publication of this notice] failing which further proceedings may be taken against you without notice to you.
You may obtain a copy of the ....[notice of family claim/counterclaim/petition].... and the order for service by advertisement from the ................[location]................ Registry, at ................[address]................ .
........................................................................
Name of party
........................................................................
Address for service
REQUEST
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL DOCUMENTS
Convention on the Service Abroad of Judicial and Extrajudicial Documents
in Civil or Commercial Matters,
signed at The Hague, November 15, 1965.
|
|
The undersigned applicant has the honour to transmit — in duplicate — the documents listed below and, in conformity with Article 5 of the Convention, requests prompt service of one copy thereof on the addressee, i.e., ........................................................[identity and address]........................................................
(a) in accordance with the provisions of subparagraph (a) of the first paragraph of Article 5 of the Convention*.
(b) in accordance with the following particular method (subparagraph (b) of the first paragraph of Article 5*) .......................................................................................................................................... .
(c) by delivery to the addressee, if the addressee accepts it voluntarily (second paragraph of Article 5*).
The authority is requested to return or to have returned to the applicant a copy of the documents — and of the annexes* — with a certificate as provided in Form F14.
| List of documents: | |
| .................................................................. | Done at ............................................................... |
| .................................................................. | ...........................[date]........................... |
| .................................................................. | |
| .................................................................. | Signature and/or stamp. |
| .................................................................. |
*Delete if inappropriate.
NOTICE AND SUMMARY OF DOCUMENT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| Identity and address of the addressee |
IMPORTANT
The enclosed document is of a legal nature and may affect your rights and obligations. The "summary of the document to be served" will give you some information about its nature and purpose. You should, however, read the document itself carefully. It may be necessary to seek legal advice.
If your financial resources are insufficient, you should seek information on the possibility of obtaining legal aid or advice either in the country where you live or in the country where the document was issued.
Inquiries about the availability of legal aid or advice in the country where the document was issued may be directed to:
Legal Services Society
Suite 400 — 510 Burrard Street
Vancouver, BC V6C 3A8
(Phone) (604) 601-6000
Summary of document to be served ...............................................................................................................
Name and address of the requesting authority ...............................................................................................
.......................................................................................................................................................................
*Particulars of the parties ..............................................................................................................................
.......................................................................................................................................................................
**Judicial document
Nature and purpose of the document .............................................................................................................
Nature and purpose of the proceedings and if appropriate the amount in dispute ........................................
.......................................................................................................................................................................
.......................................................................................................................................................................
**Date and place for entering appearance.....................................................................................................
.......................................................................................................................................................................
.......................................................................................................................................................................
**Court which has given judgment ...............................................................................................................
**Date of judgment .......................................................................................................................................
**Time limits stated in the document ............................................................................................................
.......................................................................................................................................................................
**Extrajudicial document
Nature and purpose of the document .............................................................................................................
.......................................................................................................................................................................
**Time limits stated in the document ............................................................................................................
.......................................................................................................................................................................
*If appropriate, identity and address of the person interested in the transmission of the document.
**Delete if inappropriate.
CERTIFICATE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
The undersigned authority has the honour to certify, in conformity with Article 6 of the Convention.
1 That the document has been served*
— the ....................[dd/mmm/yyyy]....................
— at ....................[place, street, number]....................
— in one of the following methods authorized by Article 5 —
(a) in accordance with the provisions of subparagraph (a) of the first paragraph of Article 5 of the Convention*
(b) in accordance with the following particular method*: ..............................................
(c) by delivery to the addressee, who accepted it voluntarily*.
The documents referred to in the request have been delivered to:
— [relationship of person to addressee (family, business or other)]*
2 That the document has not been served, by reason of the following facts*:
.............................................................................................................................................................
In conformity with the second paragraph of article 12 of the Convention, the applicant is requested to pay or reimburse the expenses detailed in the attached statement*.
Annexes
| Documents returned: | |
| ................................................................. | Done at ..................................................................... |
| .................................................................. | the...........................[dd/mmm/yyyy]............................ |
| In appropriate cases, documents establishing the service: ........................... | Signature and/or stamp. |
*Delete if inappropriate.
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
AFFIDAVIT OF PERSONAL SERVICE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:
1 On ........[dd/mmm/yyyy]........, at ........[time of day]........, I served ........[name of person served]........ with the ........[type of document, e.g. notice of family claim, petition, etc.]........ in this family law case, a copy of which is attached to this affidavit and marked as Exhibit A, by handing it to and leaving it with that person at ................[city and country]................ .
[In the case of service of a notice of family claim or counterclaim in which a divorce is claimed, check whichever one of the following boxes is correct and complete the required information.]
[ ] 2 I know the person served because ................[set out the means of knowledge]................ .
[OR]
[ ] 2 I know the person served because ................[set out the means of knowledge]................ and attached to this affidavit and marked as Exhibit B is a photograph that is a true likeness of the person I served.
[OR]
[ ] 2 I do not know the person served and [State the means by which the person who was served was identified by checking one or both of the following boxes and providing the required information.]
[ ] the person I served produced the following identification containing a photograph that was a true likeness of the person I served: ................[specify form of identification produced — e.g. "B.C. Drivers License No. XXX"]................, bearing the name of ................
[ ] attached to this affidavit and marked as Exhibit B is a photograph that is a true likeness of the person I served. [If this box is checked, there must be filed an affidavit that exhibits the same photograph and confirms that the person shown in the photograph is the person identified in section 1 of this affidavit as the person served.]
| 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]....
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
AFFIDAVIT OF ORDINARY SERVICE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, ................[name]................, of ....................[address]...................., ................[occupation]................, SWEAR (OR AFFIRM) THAT:
On ................[dd/mmm/yyyy]................, at ................[time of day]................, I served ................[name of person served]................ with the ................[type of document, e.g. notice of family claim, petition, etc.]................ in this family law case, a copy of which is attached to this affidavit and marked as Exhibit A, by ................[state means of service]................ .
| 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]....
Form F17 (Rules 6-6 (1), 7.1-1 (4), 7-2 (1), 10-6 (19.1) and (20), 15-1 (3.4), 10-9 (2), 15-6 (25), 17-1 (16.1) and (17), 20-5 (3), 22-2 (9) and 22-4 (10) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
REQUISITION — GENERAL
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: ........................[party(ies)]........................
Required:
This requisition is supported by the following:
[Include a description of supporting document(s). Each affidavit included on the list must be identified as follows: "Affidavit #.....[sequential number, if any, recorded in the top right hand corner of the affidavit]..... of ...............[name]..............., made ........[date]........".]
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2
| Date: ................[date]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name].....................
Court File No.: ........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
REQUISITION — FILING OF AGREEMENT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: ........................[party(ies)]........................
Required: The filing of the attached agreement under the Family Law Act.
[Attach the applicable agreement to this requisition and check the following box.]
[ ] The attached agreement is the most recent agreement between the parties in relation to the subject matter dealt with by this agreement.
[Check the following box if applicable.]
[ ] There is no court proceeding involving the parties to the agreement in which any of the following orders has been made or is being sought:
(a) an order under the Divorce Act (Canada);
(b) an order under the Family Law Act;
(c) an order for annulment of marriage;
(d) an order,
(i) based on unjust enrichment or other trust claims, for an interest in property, or
(ii) based on unjust enrichment, for compensation
if the claim for the interest or compensation arises out of a marriage-like relationship;
(e) an order for adoption.
| Date: ................[date]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name].....................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
REQUISITION — PARENTING COORDINATOR DETERMINATION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: ........................[party(ies)]........................
Required: The filing of the attached parenting coordinator determination, which determination was made under
[ ] an agreement dated ......[date]...... between .........[parties to agreement]..............[NOTE: If the determination was made under an agreement, the agreement must be filed before the determination can be filed.]
[ ] an order dated ......[date]......
| Date: ................[date]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name].....................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
REQUISITION — ARBITRATION AWARD
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: ........................[party(ies)]........................
Required: The filing of the attached arbitration award made under the Arbitration Act.
My address for service is [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
| Address for Service: Fax (optional) E-mail (optional) |
| Date: ................[date]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name].....................
CERTIFICATE OF SERVICE BY SHERIFF
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, ................................, certify that on ........[dd/mmm/yyyy]........, at ........[time of day]........, I left a copy of this document at ................[specify place of service]................ with ................................ .
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of sheriff or deputy sheriff |
[Style of Proceeding]
REQUISITION — GENERAL (APPLICATION)
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: ............... [party(ies)] ...............
Required:
[Set out order or relief sought]
This order/relief is sought because:
[Set out the reasons why the order or relief is sought]
This requisition is supported by the following documents:
[Include a description of supporting document(s), if any. An application pursuant to Rule 7-1 (5) should be supported, at minimum, by a copy of the proposed notice of application. If the requisition is supported by an affidavit, each affidavit included on the list must be identified as follows: "Affidavit #.....[sequential number, if any, recorded in the top right hand corner of the affidavit]..... of ...............[name]..............., made ........[date]........".]
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Position of the other party(ies):
[State whether other parties have a position with respect to this application]
| Date ...........[date]........... | ......................................................................... Signature of [ ] filing party [ ] lawyer for filing party(ies) ...........[type or print name]........... |
ORDER BY ENDORSEMENT (to be completed by a judge, associate judge or registrar)
Order granted [ ] / refused [ ]
Conditions or directions:
..............................................................................................................
..............................................................................................................
Endorsed:
Judge/Associate Judge/Registrar .....................
Date ..................... [date].....................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF JUDICIAL CASE CONFERENCE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: ........................[party(ies)]........................
TAKE NOTICE THAT a judicial case conference will be held at the following place, date and time:
| Address of courthouse: | |
| Date: [dd/mmm/yyyy] | |
| Time: |
The parties and their lawyers are required to attend.
The purpose of the judicial case conference is to consider matters, set out in Rule 7-1 (15) of the Supreme Court Family Rules, that may aid in the settlement or other disposition of the family law case.
At the judicial case conference, the judge or associate judge may give directions concerning the conduct of the family law case generally in accordance with Rule 7-1 (15) of the Supreme Court Family Rules.
TAKE NOTICE that no notice of application or affidavit in support of an application may be served on another party unless a judicial case conference has been conducted (except applications under section 91 of the Family Law Act, applications by consent, applications without notice and applications to change, suspend or terminate final orders).
| Date: ...............[dd/mmm/yyyy]............... | .............................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) ...............[type or print name]............... |
Form F19.1 (Rule 7-1 (13.1), 7.1-2 (4), 14-3 (7), 22-6 (5) and 22.1-1 (4) )
[Style of Proceeding]
REQUISITION — METHOD OF ATTENDANCE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: ........................[party(ies)]........................
Required:
[ ] Order to exempt ............... [name of party] ............... from attending:
[ ] judicial case conference on ............... [date]............... [Rule 7-1 (13.1)]
[ ] case planning conference on ............... [date] ............... [Rule 7.1-2 (4)]
[ ] trial management conference on ............... [date] ............... [Rule 14-3 (7)]
[ ] Order to permit attendance [ ] in person or by way of [ ] video conference or [ ] telephone by ..................... [name of lawyer or party] ..................... at the:
[ ] judicial case conference on ............... [date]...............
[ ] case planning conference on ............... [date] ...............
[ ] trial management conference on ............... [date] ............... [Rule 14-3 (7)]
[ ] Order that the following application be heard [ ] in person or by way of [ ] video conference [ ] telephone or [ ] other communication medium (please specify below):
............... [identify application (including filing date)] ............... [Rule 22-6 (5)]
[ ] Order that the following hearing before a registrar be heard [ ] in person or by way of [ ] video conference [ ] telephone or [ ] other communication medium (please specify below):
............... [identify hearing] ............... [Rule 22-6 (5)]
[ ] Order that the following application, conference or hearing be heard in person:
..............[identify application (including filing date), conference or hearing].............. [Rule 22.1-1 (4)]
This order/relief is sought because:
[Set out the reasons why the order or relief is sought]
Position of the other party(ies):
[State whether other parties have a position with respect to this application]
Contact information for any person whose participation is to be by video conference or telephone:
[provide email address (for video conference) or telephone number (for telephone]
| Date ...............[date]............... | .............................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) ...............[type or print name]............... |
ORDER BY ENDORSEMENT (to be completed by a judge, associate judge or registrar)
Order granted [ ] / refused [ ]
Conditions or directions:
..............................................................................................
..............................................................................................
Endorsed:
Judge/Associate Judge/Registrar ...............
Date ...............[date]...............
[Style of Proceeding]
NOTICE OF CASE PLANNING CONFERENCE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
A case planning conference has been set for this family law case:
[Check whichever one of the following boxes is correct and complete any required information.]
[ ] at the request of ...............[party(ies)]................
[ ] at the direction of the court
The case planning conference will be held at ..........[address of the registry in which the proceeding is being conducted]........... at ..........[time of day].......... on ..........[date].......... .
The parties will attend the case planning conference:
...... [Name of claimant's lawyer or claimant] ..... [ ] in person [ ] video conference [ ] telephone [ ] other communication medium (please specify below):
...... [Name of respondent's lawyer or respondent] ..... [ ] in person [ ] video conference [ ] telephone [ ] other communication medium (please specify below):
This case planning conference has been set to consider:
[Check whichever one of the following boxes is correct and complete any required information.]
[ ] [in the case of a first case planning conference] the matters set out in the parties' respective case plan proposals
[ ] [in the case of a subsequent case planning conference] ...........[Using numbered paragraphs, set out a brief summary of the matters to be considered.]...........
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Contact information for any person whose participation is to be by video conference or telephone:
[provide email address (for video conference) or telephone number (for telephone)]
| Date: ................[date]................. | .......................................................................................... Signature of [ ] filing party [ ] lawyer for filing party(ies) ........................[type or print name]........................ |
[Style of Proceeding]
CASE PLAN PROPOSAL
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Party submitting this case plan proposal: ..............................................
Indicate the party's proposal with respect to the following steps:
| Item | Step | If parties agree, step agreed to and its timing [set out details or refer to attachment] | If parties disagree, party's proposal respecting step and its timing [set out details or refer to attachment] |
| 1 | Discovery of documents [when list is to be produced, where documents are to be made available for inspection, electronic document protocol, etc.] | ||
| 2 | Examinations for discovery [person to be discovered, date of discovery, duration of discovery, etc.] | ||
| 3 | Obtaining the views of a child [views of the child reports] | ||
| 4 | Dispute resolution procedures under Part 11 of the Supreme Court Family Rules [what procedures to be used and when, etc.] | ||
| 5 | Expert witnesses [area of expertise of expert, date report to be served, etc.] | ||
| 6 | Witness Lists [date list to be served] | ||
| 7 | Trial Type | ||
| 8 | Estimated trial length | ||
| 9 | Preferred period(s) for trial date | ||
| 10 | Other [specify] |
| Date: ................[date]................. | ........................................................................................... Signature of [ ] filing party [ ] lawyer for filing party(ies) ...........................[type or print name].......................... |
[Style of Proceeding]
 | A JUDGE OF THE COURT | | ||
| BEFORE |  | or | | .....[date]..... |
 | AN ASSOCIATE JUDGE OF THE COURT | |
CASE PLAN ORDER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
AT A CASE PLANNING CONFERENCE conducted on ........[date]........ by ..........[judge/associate judge].......... in the presence of ..........[names of attending counsel and parties]..........;
THIS COURT ORDERS that the parties comply with the attached case plan.
THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER
[A signature line in the following form must be completed and signed by or for each approving party.]
..............................................................................
Signature of [ ] party
[ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
..............................................................................
Signature of [ ] party
[ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
| By the Court. | |
| ............................................................................. | |
| Registrar |
Case Plan
1 Dispute resolution procedures
The parties have discussed resolution options including those under Part 11 of the Supreme Court Family Rules and have agreed to the following:
[Check the box to the left of each step to be taken and fill in the agreed date.]
| Step | Date by which step to be completed | |
| Offer to settle | ||
| Mediation | ||
| Special Case | ||
| Proceeding on point of law | ||
| Summary trial | ||
| Summary judgment application | ||
| Other [identify] |
A party may undertake any of the steps provided for in Part 11 of the Supreme Court Family Rules whether or not the step is noted above.
2 Document production (Rule 9-1 of the Supreme Court Family Rules)
The following steps will be completed by the date set out next to each step:
| Step | Date by which step to be completed [if dates differ by party, indicate a date for each party] |
| Delivery of the lists of documents required under Rule 9-1 | |
| Completion of an electronic document protocol | |
| Other [identify] |
3 Examinations for discovery (Rule 9-2 of the Supreme Court Family Rules)
The following examinations for discovery will be conducted, not exceed the time limits indicated and be completed by the date indicated:
| Examination by (party name) | Examination of (party and person name) | Time Limit | Date by which step to be completed |
4 Applications
The following applications are anticipated:
[Identify each anticipated application and fill in the proposed date.]
| Application | Date by which application anticipated to be brought |
A party may bring any other application whether or not that application is noted above.
5 Expert witnesses (Part 13 of the Supreme Court Family Rules)
[For the following, complete the following Parts 1 and 2 for any expert evidence that the parties anticipate introducing at trial, and if the parties are unable to provide the information required under Part 1 or 2, complete the following Part 3.]
Part 1
Each party may tender the report of, or call to give oral opinion evidence, an expert with the following expertise:
| Name of party who intends to call the expert [if expert is being called jointly, specify "Joint"] | Area of Expertise |
Part 2
The following steps will be taken by the date set out next to each step:
| Step | Date by which step to be completed [if dates differ by party, indicate a date for each party] |
| Joint expert's report served | |
| Expert reports served | |
| Responding expert reports served | |
| Notices of objection to expert evidence served (Rule 13-6 (10) ) | |
| Experts confer and serve report summarizing points of difference | |
| Other [identify] | |
| Other [identify] |
Part 3
If the information set out in the foregoing Part 1 or 2 is incomplete, the parties will apply to amend this order to complete that information by ........[date]........ .
6 Witnesses (Rule 9-4 of the Supreme Court Family Rules)
The following steps will be completed by the date set out next to each step:
| Step | Date by which step to be completed [if dates differ by party, indicate a date for each party] |
| Serve lists of witnesses to be called at trial | |
| Other [identify] | |
| Other [identify] |
7 Trial (Part 14 of the Supreme Court Family Rules)
(a) Estimated length of the trial: ........[days]........;
(b) ................[party(ies)]................, will file a Notice of Trial in Form F44 to secure the trial date by ........[date]........ .
8 Other
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
LIST OF DOCUMENTS
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Prepared by: ................[party]................ (the "listing party")
Part 1: DOCUMENTS THAT ARE OR HAVE BEEN IN THE LISTING PARTY'S POSSESSION OR CONTROL AND THAT COULD BE USED BY ANY PARTY AT TRIAL TO PROVE OR DISPROVE A MATERIAL FACT
[Do not include documents listed under Part 2, 3 or 4.]
| No. | Date of document [dd/mmm/yyyy] | Description of document | Indicate by a check mark if the document is no longer in the listing party's possession or control | Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 9-1 (6), (9) or (11), the date on which the document was listed |
| 1.1 | [ ] | |||
| 1.2 | [ ] |
Part 2: OTHER DOCUMENTS TO WHICH THE LISTING PARTY INTENDS TO REFER AT TRIAL
[Do not include documents listed under Part 1, 3 or 4.]
| No. | Date of document [dd/mmm/yyyy] | Description of document | Indicate by a check mark if the document is no longer in the listing party's possession or control | Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 9-1 (6), (9) or (11), the date on which the document was listed |
| 2.1 | [ ] | |||
| 2.2 | [ ] |
Part 3: DOCUMENTS THAT RELATE TO A MATTER IN QUESTION IN THE ACTION
[List here all documents that are listed in response to a demand under Rule 9-1 (8) of the Supreme Court Family Rules, and all documents that are listed in response to a court order under Rule 9-1 (11) of the Supreme Court Family Rules, that have not been listed under Part 1 or 2. Do not include documents listed under Part 1, 2 or 4.]
| No. | Date of document [dd/mmm/yyyy] | Description of document | Indicate by a check mark if the document is no longer in the listing party's possession or control | Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 9-1 (6), (9) or (11), the date on which the document was listed |
| 3.1 | [ ] | |||
| 3.2 | [ ] |
Part 4: DOCUMENTS FOR WHICH PRIVILEGE FROM PRODUCTION IS CLAIMED
| No. | Date of document [dd/mmm/yyyy] | Description of document | Grounds on which privilege is claimed | Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 9-1 (6), (9) or (11), the date on which the document was listed |
| 4.1 | ||||
| 4.2 |
TAKE NOTICE that the documents listed in Part 1, 2 or 3 of this List of Documents that are not shown as no longer being in the listing party's possession or control may be inspected and copied, during normal business hours, at ................[specify location]................ .
| Date: ................[dd/mmm/yyyy]................. Implied undertaking to the court Documents produced are not to be used by the other party(ies) except for the purposes of this litigation unless and until the scope of the undertaking is varied by a court order or other judicial order, consent or statutory override or a situation of immediate and serious danger emerges. This implied undertaking continues despite settlement or completion of the litigation. | |
| ............................................................................. Signature of [ ] listing party [ ] lawyer for listing party ........................[type or print name]........................ | |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
APPOINTMENT TO EXAMINE FOR DISCOVERY
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ..........[name of person to be examined]..........
TAKE NOTICE that you are required to attend for your examination for discovery at the place, date and time set out below. If you are not a named party, or a representative of a named party, to this family law case, you must, unless the court otherwise orders, bring with you all documents in your possession or control, not privileged, relating to the matters in question in this family law case.
Place: .......................................................
Date: ................[dd/mmm/yyyy].................
Time: .......................................................
| Date: ................[dd/mmm/yyyy]................. Implied undertaking to the court Documents produced are not to be used by the other party(ies) except for the purposes of this litigation unless and until the scope of the undertaking is varied by a court order or other judicial order, consent or statutory override or a situation of immediate and serious danger emerges. This implied undertaking continues despite settlement or completion of the litigation. | |
| ............................................................................. Signature of [ ] party wishing to conduct examination [ ] lawyer for party(ies) wishing to conduct examination ........................[type or print name]........................ | |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
INTERROGATORIES
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Interrogatories on behalf of ................[party(ies)] ................ for the examination of ................[person(s) required to answer] ................:
[Set out numbered questions to be answered specifying the person to answer, if the questions are directed to more than one person.]
1
2
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] party serving interrogatories [ ] lawyer for party(ies) serving interrogatories |
...........................[type or print name]......................
Form F23 (Rules 9-4 (5), 9-7 (5) and 14-7 (32) and (36) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SUBPOENA TO WITNESS
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ......................[name and address]......................
TAKE NOTICE that you are required to attend to testify as a witness at the place, date and time set out below. You are also required to bring with you all documents in your possession or control relating to the matters in question in this family law case [and, if applicable, the following physical objects]:
Place: .......................................................
Date: .................................
Time: .......................................................
| Date: ................................. | .................................................................................. Signature of [ ] party serving subpoena [ ] lawyer for party(ies) serving subpoena |
...........................[type or print name]......................
Rule 14-7 (38) of the Supreme Court Family Rules states:
(38) On proof
(a) of the service of a subpoena on a witness who fails to attend or to remain in attendance in accordance with the requirements of the subpoena,
(b) that proper witness fees have been paid or tendered to that witness, and
(c) that the presence of that witness is material to the ends of justice,
the court, by its warrant in Form F50 directed to a sheriff or other officer of the court or to a peace officer, may cause that witness to be apprehended and promptly brought before the court and to be detained in custody or released on terms the court may order, and the court may order that witness to pay the costs arising from the witness's failure to attend or to remain in attendance.
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE TO ADMIT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ......................[party(ies)]......................
TAKE NOTICE that the ......................[party(ies)]......................, ......................[name(s) of party(ies)]......................, requests the ......................[party(ies)]......................, ......................[name(s) of party(ies)]......................, to admit, for the purpose of this family law case only, the facts set out below and the authenticity of the documents referred to below, copies of which are attached.
AND TAKE NOTICE that, unless the court otherwise orders, if the party to whom this notice is directed does not serve a written statement, as provided in Rule 9-6 (2) of the Supreme Court Family Rules, within 14 days after service of a copy of this notice on that party, then the truth of the facts and the authenticity of the documents will be deemed to be admitted.
| Date: ................................. | .................................................................................. Signature of [ ] party serving notice to admit [ ] lawyer for party(ies) serving notice to admit |
...........................[type or print name]..........................
The facts, the admission of which is requested, are: [Set out facts, using a separate numbered paragraph for each fact requested to be admitted.]
1
2
The documents, the authenticity of which admission is requested, are: [List documents and attach copies of the documents to this notice to admit.]
1
2
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ORDER FOR EXAMINATION OF PERSONS
OUTSIDE THE JURISDICTION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
 | THE HONOURABLE JUSTICE | | ||
| BEFORE |  | or | | .....[dd/mmm/yyyy]..... |
 | ASSOCIATE JUDGE | |
THE APPLICATION of ................[party(ies)]...................., coming on before me on ........[dd/mmm/yyyy]........, and on hearing ......................[name of party/lawyer]...................... and ......................[name of party/lawyer]......................;
THIS COURT ORDERS that:
1 ........................[name].......................... of ......................[address]......................... is appointed an examiner for the purpose of taking the examination, cross-examination and re-examination orally, on oath or affirmation, of ...........[name of person to be examined]............ of ...........[address]............ and ..........[name of person to be examined].............. of ......................[address]...................... and of any other persons as the lawyers or agents of the parties mutually request the examiner in writing to examine, at ............................... in ..........[name of the province, state, or county]..........;
2 the lawyer for the applicant give to the lawyer for each of the other parties ........... days' notice in writing of the date on which the lawyer proposes to send this order to the examiner for execution, and that ........... days after service of the notice the lawyers for the parties respectively exchange the names of their lawyers or agents at ............................... to whom notice relating to the examination of the persons may be sent;
3 ........... days' notice (exclusive of Saturday and Sunday) before the examination of any person must be given by the examiner to the lawyer for or agent of each of the parties and to each person to be examined unless the notice is waived;
4 the examination be conducted in accordance with the enclosed instructions, with such modifications as may be necessary;
5 the depositions, together with any document referred to in them, or certified copy of or extract from the document, be sent promptly by the examiner to the Registrar of the Supreme Court of British Columbia at the courthouse at ......................[address]......................, who must deliver the depositions and documents to the applicants and provide copies to any party on request.
By the Court.
..................................................................................
Registrar
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
INSTRUCTIONS TO EXAMINER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ......................[name and address]......................
You have been appointed Examiner to take the evidence of ........................ . A copy of the order appointing you is attached. The law of British Columbia will apply to the taking of this evidence.
The party wishing to examine ........[name of person to be examined]........ before you is required to serve that person with a subpoena and tender the proper fees not fewer than ......... days before the date you fix for the examination.
The witness and any interpreter will be sworn or affirmed in accordance with the form set out below.
After the examination has been held and the evidence transcribed and the transcript certified by you as correct, you are to send the deposition and other documents by registered mail to the registrar, courthouse ......................[address]....................... .
Oath (or Affirmation) of Witness
Do you swear that the evidence that you will give in these proceedings will be the truth, the whole truth, and nothing but the truth, so help you God?
OR
Do you affirm that the evidence that you will give in these proceedings will be the truth, the whole truth, and nothing but the truth?
Interpreter's Oath
Will you truly, faithfully and without partiality to any party in this proceeding, and to the best of your ability, interpret and translate any oath or affirmation that will be administered and all questions that may be asked of any witness and the witness's answers, so help you God?
| Date: ................................. | .................................................................................. Signature of [ ] party [ ] lawyer for party(ies) |
...........................[type or print name]..........................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ORDER FOR ISSUE OF A LETTER OF REQUEST TO
JUDICIAL AUTHORITY OF ANOTHER JURISDICTION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
BEFORE THE HONOURABLE JUSTICE ....[dd/mmm/yyyy]....
ON THE APPLICATION of ......................[party(ies)]......................, coming on before me on ........[dd/mmm/yyyy]........, and on hearing ......................[name of party/lawyer]...................... and ......................[name of party/lawyer]......................;
THIS COURT ORDERS that:
1 the attached letter of request be issued;
2 the registrar, on receipt of the deposition taken under the letter of request, must deliver them to the applicant and provide copies to any party on request.
By the Court.
..................................................................................
Registrar
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
LETTER OF REQUEST FOR EXAMINATION
OF WITNESS OUT OF JURISDICTION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To the judicial authority of .............................. in the .............................. of .................................... .
Whereas this proceeding is now pending in the Supreme Court of British Columbia in which the claimant claims .................................:
And whereas it appears to me that it is necessary for the purposes of justice and for the due determination of the matters in question between the parties that the following persons should be examined on oath or affirmation relating to those matters, namely ................................. of ................................., and ................................. of .............................., and such other persons as the lawyers or agents of the parties mutually request you in writing to examine, and it appears that persons are residents within your jurisdiction:
Now I, ................................., a Judge of the Supreme Court of British Columbia, hereby request that, for the assistance of the court, you will be pleased to summon the lawyers or agents of the parties and the witnesses to be examined, to attend at such time and place as you appoint, either before you or such other person as according to your procedure is competent to take the deposition examination of witnesses, and that you will cause the witnesses to be examined orally or by interrogatories relating to the matters in question, in the presence of the lawyers or agents of the parties or such of them as, on due notice given, attend the examination:
And I further request that you permit the lawyer or agent of any party present to examine any witness called by the lawyer or agent and the lawyer or agent of any opposing party to cross-examine the witness and the lawyer or agent of the party calling the witness to re-examine the witness:
And I further request that you will be pleased to cause the evidence of each witness to be recorded verbatim, and any document produced on the examination to be marked for identification, and that you will be further pleased to authenticate the depositions taken on the examination and any document, or certified copy of the same or any extract therefrom by the seal of your tribunal or in such other way as is in accordance with your procedure, and to return the same, together with any interrogatories and a note of the charges and expenses payable in respect of the execution of this request to the Under Secretary of State for External Affairs of Canada at Ottawa, Canada [or, if the judicial authority to whom the letter is addressed is in Canada, to the Deputy Attorney General for the Province of British Columbia, Parliament Buildings, Victoria, British Columbia], for transmission to the Registrar of the Supreme Court of British Columbia at the courthouse at .................................
| Dated: ................................................. | .................................................................................. A Judge of the Supreme Court of British Columbia |
Form F29 (Rule 9-7 (17), 10-7 (1) and 10-8 (1) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
REQUISITION FOR CONSENT ORDER OR FOR ORDER WITHOUT NOTICE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: ..............................[party(ies)]..............................
| Required: | [ ] An order by consent | |
| [OR] | ||
| [ ] An order without notice |
1 The rule or other enactment relied on is ......................[set out the rule or enactment relied on]...................... .
2 Attached to this requisition is a draft of the order required.
[Check whichever one of the following boxes is correct and complete any required information.]
3 [ ] Each party affected has consented to the order.
[ ] The evidence in support of the application is contained in the following documents that are filed with this requisition: ........................................................................................ .
[Check whichever one of the following boxes is correct and complete any required information.]
4 [ ] No party is under a legal disability.
[ ] .....................[name of party]..................... is under a legal disability, namely .....................[set out legal disability]..................... .
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]........................
Form F30 (Rule 10-4 (2) and (7) )
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
AFFIDAVIT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, ................[name]................, of ................[address]................, ........[occupation]........, SWEAR (OR AFFIRM) THAT:
1
2
3
| 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]....
[The following endorsement must be completed if required under Rule 10-4 (7) of the Supreme Court Family Rules.]
Endorsement of Interpreter
[if applicable]
I, ................[name]................, of ................[address]................, ................[occupation]................ certify that:
1 I have a knowledge of the English and ........................ languages and I am competent to interpret from one to the other.
2 I am advised by the person swearing or affirming the affidavit and believe that the person swearing or affirming the affidavit understands the ........................ language.
3 Before the affidavit on which this endorsement appears was made by the person swearing or affirming the affidavit I correctly interpreted it for the person swearing or affirming the affidavit from the English language into the ........................ language and the person swearing or affirming the affidavit appeared to fully understand the contents.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of interpreter |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF APPLICATION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Name(s) of applicant(s): ..................................................................
To: ..................[name(s) of party(ies) or person(s) affected]..................
TAKE NOTICE that an application will be made by the applicant(s) to the presiding judge or associate judge at the courthouse at ......................[address of registry in which the family law case is being conducted]...................... on ................[date].................at ........[time of day]........ for the order(s) set out in Part 1 below.
The applicant(s) estimate(s) that the application will take ...........[time estimate]........... .
[Check whichever one of the following boxes is correct.]
[ ] This matter is within the jurisdiction of an associate judge.
[ ] This matter is not within the jurisdiction of an associate judge.
Part 1: ORDER(S) SOUGHT
[Using numbered paragraphs, set out the order(s) that will be sought at the application and
indicate against which party(ies) the order(s) is(are) sought.]
1
2
Part 2: FACTUAL BASIS
[Using numbered paragraphs, set out a brief summary of the facts supporting the application.]
1
2
[If any party sues or is sued in a representative capacity, identify the party and describe the representative capacity.]
Part 3: LEGAL BASIS
[Using paragraphs numbered sequentially from Part 2 above, specify any rule or other enactment relied on and provide a brief summary of any other legal arguments on which the applicant(s) intend(s) to rely in support of the orders sought.]
3
4
Part 4: MATERIAL TO BE RELIED ON
[Using numbered paragraphs, list the affidavits served with the notice of application and
any other affidavits and other documents already in the court file on which the applicant(s) will
rely. Each affidavit included on the list must be identified as follows: "Affidavit #........
[sequential number, if any, recorded in the top right hand corner of the affidavit]........ of
......................[name]......................, made ........[date]........".]
1
2
TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to respond to this notice of application, you must, within the time for response to application described below,
(a) file an application response in Form 32,
(b) file the original of every affidavit, and of every other document, that
(i) you intend to refer to at the hearing of this application, and
(ii) has not already been filed in the family law case, and
(c) serve on the applicant 2 copies of the following, and on every other party one copy of the following:
(i) a copy of the filed application response;
(ii) a copy of each of the filed affidavits and other documents that you intend to refer to at the hearing of this application and that has not already been served on that person;
(iii) if this application is brought under Rule 11-3, any notice that you are required to give under Rule 11-3 (9).
Time for response to application
The documents referred to in paragraph (c) above must be served in accordance with that paragraph,
(a) unless one of the following paragraphs applies, within 5 business days after service of this notice of application,
(b) if this application is brought under Rule 11-3, within 8 business days after service of this notice of application, and
(c) if this application is brought to change, suspend or terminate a final order, to set aside or replace the whole or any part of an agreement filed under Rule 2-1 (2) or to change, suspend or terminate an arbitration award filed under Rule 2-1.2 (1), within 14 business days after service of this notice of application.
| Date: ................[date]................. | .................................................................................. Signature of [ ] applicant [ ] lawyer for applicant(s) |
...........................[type or print name]..........................
| To be completed by the court only: Order made [ ] in the terms requested in paragraphs ...................... of Part 1 of this notice of application [ ] with the following variations and additional terms: ............................................................................................................... ............................................................................................................... ............................................................................................................... | ||
| ||
Appendix
[The following information is provided for data collection purposes only and is of no legal effect.]
THIS APPLICATION INVOLVES THE FOLLOWING:
[Check the box(es) below for the application type(s) included in this application.]
[ ] discovery: comply with demand for documents
[ ] discovery: production of additional documents
[ ] other matters concerning document discovery
[ ] extend oral discovery
[ ] other matter concerning oral discovery
[ ] amend pleadings
[ ] add/change parties
[ ] summary judgment
[ ] summary trial
[ ] service
[ ] interim order
[ ] change order
[ ] adjournments
[ ] proceedings at trial
[ ] appointment of additional expert(s): financial matters
[ ] other matters concerning experts
[ ] none of the above
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
APPLICATION RESPONSE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Application response of: ......................[party(ies)]......................, (the "application respondent(s)")
THIS IS A RESPONSE TO the notice of application of ......................[party(ies)]......................, filed ........[date]........ .
The application respondent(s) estimate(s) that the application will take ...........[time estimate]........... .
Part 1: ORDERS CONSENTED TO
The application respondent(s) consent(s) to the granting of the orders set out in the following paragraphs of Part 1 of the notice of application on the following terms: ........[set out paragraph numbers and any proposed terms]........ .
Part 2: ORDERS OPPOSED
The application respondent(s) oppose(s) the granting of the orders set out in paragraphs ........[list paragraph numbers]........ of Part 1 of the notice of application.
Part 3: ORDERS ON WHICH NO POSITION IS TAKEN
The application respondent(s) take(s) no position on the granting of the orders set out in paragraphs ........[list paragraph numbers]........ of Part 1 of the notice of application.
Part 4: FACTUAL BASIS
[Using numbered paragraphs, set out a brief summary of the material facts on which the orders sought in
the application should not be granted.]
1
2
Part 5: LEGAL BASIS
[Using paragraphs numbered sequentially from Part 4 above, specify any rule or other enactment relied on and provide a brief summary of any other legal arguments on which the application respondent(s) intend(s) to rely in opposing the orders sought in the application.]
3
4
Part 6: MATERIAL TO BE RELIED ON
[Using numbered paragraphs, list the affidavits served with this application response and any other
affidavits and other documents already in the court file on which the application respondent(s) will rely.
Each affidavit included on the list must be identified as follows: "Affidavit #.........[sequential number,
if any, recorded in the top right hand corner of the affidavit]......... of ...................[name]....................,
made ...........[date]...........".]
1
2
[Check whichever one of the following boxes is correct and complete any required information.]
[ ] The application respondent has filed in this family law case a document that contains the application respondent's address for service.
[ ] The application respondent has not filed in this family law case a document that contains an address for service. The application respondent's ADDRESS FOR SERVICE is: ......................[Set out an address for service that complies with Rule 6-1 (1) of the Supreme Court Family Rules and any additional address(es) under Rule 6-1 (2) that the application respondent wishes to include.]...................... .
| Date: ................[date]................. | .................................................................................. Signature of [ ] application respondent [ ] lawyer for application respondent(s) ...........................[type or print name].......................... |
Form F32.001 (Rule 10-6 (14.6) )
[Style of Proceeding]
REQUISITION — CHAMBERS PRACTICE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: .........................[party(ies)].........................
Required:
[ ] Order granting leave to provide application record late [Rule 10-6 (14.3)]
[ ] Order to reinstate an application to today's hearing list [include date that the notice of application was filed] [Rule 10-6 (14.4)]
[ ] Order as to costs or other directions [Rule 10-6 (14.5)]
This order/relief is sought because:
[Set out the reasons why the order or relief is sought]
Position of the other party(ies):
[State whether other parties have a position with respect to this application]
| Date: ......................................... | .............................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) ........................[type or print name]........................ |
ORDER BY ENDORSEMENT (to be completed by a judge or associate judge)
Order granted [ ] / refused [ ]
Conditions or directions:
.................................................................................................................
.................................................................................................................
Endorsed:
Judge/Associate Judge ................................
Date …...............................
[Style of Proceeding]
REQUISITION — SHORT NOTICE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: ........................[party(ies)]........................
Required: An order pursuant to Supreme Court Family Rule 10-9 (1) that the main application be brought on short notice.
This requisition is supported by the following:
[Include a description of supporting document(s). Each affidavit included on the list must be identified as follows: Affidavit # ….. [sequential number, if any, recorded in the top right corner of the affidavit] …. of ……….[name]………, made …..[date]…..".]
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2
| Date ...............[date]................ | .............................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) ...............[type or print name]............... |
ORDER BY ENDORSEMENT (to be completed by a judge, associate judge or registrar)
[ ] Date set for hearing of main application: …...................................
Conditions for Service:
Service by application of Notice of Application and applicant's affidavits with this order on the respondent(s)
[ ] before …....................... a.m./p.m. on ............................................
Service of respondent(s)' Application Response and affidavits on applicant:
[ ] before ......................... a.m./p.m. on ............................................
Other Conditions:
[ ] applicant must file application record on or by ….........................
[ ] ……………………………….....................................................................................
Endorsed:
Judge/Associate Judge/Registrar ...............
Date ...............[date].....................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ORDER SIGNING INSTRUCTIONS
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Notice to: ......................................
You are requested to sign the attached draft order made by
Judge/Associate Judge ......... on .....................
I have drafted the order consistent with the terms prescribed by the judge/associate judge as stated on the court record.
[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] I have attached the clerk's notes relating to the order of the judge/associate judge
[ ] I have not attached the clerk's notes relating to the order of the judge/associate judge for the following reason(s): .....[briefly state the reasons].....
You are requested to return the signed order within 14 days of receipt. Signing the order does not preclude your right to appeal.
If you disagree with the accuracy of the terms in the order you are required to deliver your written objections to me within 14 days of receiving the order.
I will consider your objections and if we are unable to agree on terms to be included in the order an appointment to settle the order may be filed in accordance with Rule 15-1 (13).
If the signed order is not returned to me, or written objection(s) to any of the terms are not delivered to me, within 14 days of receipt, the order may be submitted for entry in accordance with Rule 15-1 (3.4).
Date Sent: .........[dd/mmm/yyyy].........
Form F33 (Rules 10-7 (1) and 15-1 (1) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
CONSENT ORDER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| [ ] | A JUDGE OF THE COURT | ||||
| or | | |||
| BEFORE | | [ ] | AN ASSOCIATE JUDGE OF THE COURT | | .....[dd/mmm/yyyy]..... |
| or | | |||
| [ ] | A REGISTRAR |
ON THE APPLICATION of ................................[party(ies)]................................, without a hearing and by consent;
THIS COURT ORDERS that:
[For each order, if any, made for parenting time, decision-making responsibility, contact, parenting arrangements, child support or spousal support, indicate whether the order is made under the Divorce Act or the Family Law Act.]
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2
3
THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS NOTED ABOVE.
[A signature line in the following form must be completed and signed by or for each consenting party.]
..............................................................................
Signature of [ ] party
[ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
..............................................................................
Signature of [ ] party
[ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
By the Court.
..................................................................................
Registrar
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ORDER MADE WITHOUT NOTICE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| [ ] | A JUDGE OF THE COURT | | ||
| BEFORE | | or | | .....[dd/mmm/yyyy]..... | |
| [ ] | AN ASSOCIATE JUDGE OF THE COURT | |
ON THE APPLICATION of ................................[party(ies)]................................;
AND ON THE COURT DETERMINING THAT a hearing is not required and notice is not required;
THIS COURT ORDERS that:
[For each order, if any, made for parenting time, decision-making responsibility, contact, parenting arrangements, child support or spousal support, indicate whether the order is made under the Divorce Act or the Family Law Act.]
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2
3
THE FOLLOWING PARTY[IES] APPROVE THE FORM OF THIS ORDER:
..............................................................................
Signature of
[ ] party [ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
By the Court.
..................................................................................
Registrar
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
REQUISITION — UNDEFENDED FAMILY LAW CASE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: ..............................[party(ies)]..............................
Required: final order, without a hearing, in the form attached
FILED WITH THIS REQUISITION ARE:
[Check all of the following boxes and file the following with this requisition.]
[ ] draft of the order sought;
[ ] proof that the case is an undefended family law case;
[ ] certificate of the registrar in Form F36;
[ ] filing fee.
[Check the following box and file the following with this requisition unless a response to family claim or response to counterclaim has been filed or unless this case is a joint family law case within the meaning of Rule 2-2 of the Supreme Court Family Rules.]
[ ] proof of service of the notice of family claim or counterclaim, as the case may be.
[Check the following box and file the following document with this requisition if
(a) the family law case includes a claim for divorce and the notice of family claim, response to family claim, counterclaim or response to counterclaim identifies a child of the marriage within the meaning of the Divorce Act (Canada), or
(b) the family law case includes a claim for child support.]
[ ] Child Support Affidavit in Form F37.
[Check the following box and file the following document with this requisition if a divorce is sought.]
[ ] affidavit in Form F38.
[Check the following box and file the following document with this requisition if corollary relief under the Divorce Act (Canada) is sought.]
[ ] the most current Form F102 statement of information for corollary relief proceedings, if any, filed by each party in accordance with Rule 10-10 (2) (h).
[If proof that this is an undefended family law case is being provided, check whichever one of the 3 following applies, file the document with this requisition and remove the boxes that have not been checked so that they do not appear in the form when the form is filed.]
[ ] signed consent order
[ ] notice of withdrawal
[ ] other [please provide details]........................
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
Form F36 (Rules 10-10 (2) and 14-4 (5) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
CERTIFICATE OF PLEADINGS
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I CERTIFY the pleadings and proceedings in this family law case are in order [add the following if applicable: except that ........................................................................................................................] .
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Registrar |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
CHILD SUPPORT AFFIDAVIT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]
I, ................[name]................, of ................................[address]................................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:
1 I am the ................[claimant/respondent]................ .
2 The following is true to the best of my information and belief:
(a) Parties:
| Claimant's name | Province of residence |
| Respondent's name | Province of residence |
(b) Children: [Where options are provided in the table to this paragraph, select whichever one of the options is correct and remove the option that has not been selected so that it does not appear in the form when the form is filed.]
| Child's name | Birthdate [dd/mmm/yyyy] | Age | Child now living with | Relationship to claimant | Relationship to respondent |
| claimant respondent | natural child step-child | natural child step-child | |||
| claimant respondent | natural child step-child | natural child step-child | |||
| claimant respondent | natural child step-child | natural child step-child | |||
| claimant respondent | natural child step-child | natural child step-child |
[Select whichever one of the 3 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]
3 The ........[notice of family claim/counterclaim]........ includes a claim for a child support order.
3 The ........[notice of family claim/counterclaim]........ included a claim for a child support order but that claim has been withdrawn.
3 The ........[notice of family claim/counterclaim]........ never included a claim for a child support order.
[Provide the information required under the child support guidelines (the "Guidelines") by selecting and completing one or more of sections 4a, 4b and 4c that relate to that information and removing any sections that do not relate to information required under the Guidelines so that that/those section(s) do not appear in the form when the form is filed.]
4a Claimant's annual income as determined under sections 15 to 20 of the Guidelines: $............. .
4b Respondent's annual income as determined under sections 15 to 20 of the Guidelines: $............. .
4c The claimant and the respondent have entered into an agreement as to income pursuant to section 15 (2) of the Guidelines, a copy of which agreement is attached. [Attach a copy of the agreement to this affidavit and provide explanation if the agreed amount is not in line with the Guidelines.]
[Select whichever one of the following 2 provisions is correct, complete the selected provision and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]
5 The monthly amount in Schedule 1 of the Guidelines is $............., payable by the ................[claimant/respondent]................ .
5 I have completed and attached to this affidavit .......... [Set out one or more of the following as applicable: Supplementary Child Support Fact Sheet B / Supplementary Child Support Fact Sheet C / Supplementary Child Support Fact Sheet D / Supplementary Child Support Fact Sheet E / Supplementary Child Support Fact Sheet F]
[Note: Attach Supplementary Child Support Fact Sheet B if the circumstances described in section 9 of the child support guidelines exist, attach Supplementary Child Support Fact Sheet C if the circumstances described in section 8 of the child support guidelines exist, attach Supplementary Child Support Fact Sheet D if one or more children is over the age of majority, attach Supplementary Child Support Fact Sheet E if undue hardship is alleged and attach Supplementary Child Support Fact Sheet F if at least one of the party's income exceeds $150,000. Do not attach any Supplementary Child Support Fact Sheet unless it is one required by this note to be attached.]
[Select whichever one of the 5 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]
6 The proposed order sets out that $................ is the amount of child support payable by the ........[claimant/respondent]........, which amount accords with the child support guidelines.
6 The proposed order by consent, pursuant to section 15.1 (7) of the Divorce Act (Canada) or section 150 (2) of the Family Law Act, sets out that $................ is the amount of child support payable by the ........[claimant/respondent]........, which amount is different than the amount required by the Guidelines.
6 The proposed order sets out that $................ is the amount of child support payable by the ........[claimant/respondent]........, which amount is different than the amount required by the Guidelines, but the following special provisions, within the meaning of section 15.1 (5) of the Divorce Act (Canada), have been made: .................................. .
6 The proposed order sets out that $.............. is the amount of child support payable by the ........[claimant/respondent]........, in accordance with the agreement referred to in section 4 (c) of this affidavit.
6 The proposed order does not include child support but the following arrangements have been made for the support of the child: ................................................................................ .
[Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]
7 The expenses under section 7 of the Guidelines are not included in the proposed order.
7 I have completed and attached to this affidavit Supplementary Child Support Fact Sheet A, and the amount set out in the proposed order for the expenses under section 7 of the Guidelines ("section 7 expenses") is $............. .
[Select whichever one or more of the 3 following provisions is/are correct and remove the provision(s) that has/have not been selected so that it/they do(es) not appear in the form when the form is filed.]
8a Medical coverage is available for the children under the claimant's medical insurance plan.
8b Medical coverage is available for the children under the respondent's medical insurance plan.
8c Medical coverage is not available for the children under either of the party's medical insurance plans.
[Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]
9 There is no order of any court in force dealing with support of the children.
9 Attached as Exhibit(s) ..........[A, B, C, D, as the case may be]...............[is/are]..... the order(s) in force that deal(s) with the support of the children.
[Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]
10 There is no agreement dealing with support of the children.
10 Attached as Exhibit(s) ....[A, B, C, D, as the case may be].... .....[is/are].... the written agreement(s) that deal(s) with the support of the children.
11 The amount of arrears of child support, as at ........[dd/mmm/yyyy]........, under any existing order or written agreement is .......[nil/ $.....]....... .
| 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]....
SUPPLEMENTARY CHILD SUPPORT FACT SHEET A —
SPECIAL OR EXTRAORDINARY EXPENSES
Section 7 expenses (net of tax credits and contributions from child(ren), etc.)
| Annual | Monthly | ||
| (a) | Child care expenses | ||
| (b) | Portion of medical and dental premiums attributable to the child(ren) | ||
| (c) | Health related expenses that exceed insurance reimbursement by at least $100 | ||
| (d) | Extraordinary primary, secondary or other educational expenses | ||
| (e) | Post-secondary school expenses | ||
| (f) | Extraordinary extracurricular activities expenses | ||
| (g) | Total Section 7 expenses |
Parties' respective proportionate shares of the total net monthly Section 7 expenses referred to at line (g) above:
| % | Amount | |
| Claimant's proportionate share | ||
| Respondent's proportionate share |
Total monthly child support payable by the ..........[claimant/respondent].......... after taking into account the monthly Guidelines table amount under Schedule 1 of the Guidelines and the Section 7 expenses is $.......... .
SUPPLEMENTARY CHILD SUPPORT FACT SHEET B — IF THE CIRCUMSTANCES DESCRIBED IN SECTION 9 OF THE CHILD SUPPORT GUIDELINES EXIST
| Claimant | Respondent | |
| Number of children = .......... | ||
| Approximate percentage of time children spend with each parent | % | % |
| Annual Guidelines income [determine amount under sections 15 to 20 of the Guidelines] | $ | $ |
| Guidelines table amount [use applicable amount from Schedule 1 of the Guidelines] | $ | $ |
| Difference between the Guidelines table amount of the claimant and the Guidelines table amount of the respondent $.......... | ||
| Section 7 expenses paid directly by each party | $ | $ |
Any other relevant information regarding the conditions, means, needs and other circumstances of each spouse or of any child for whom support is sought: ....................................................................................
It is proposed that child support in the amount of $......... per month be paid by the...............[claimant/respondent]............... .
SUPPLEMENTARY CHILD SUPPORT FACT SHEET C — IF THE CIRCUMSTANCES DESCRIBED IN SECTION 8 OF THE CHILD SUPPORT GUIDELINES EXIST
| (a) Number of children principally resident with claimant for whom support is claimed | |
| (b) Respondent's annual Guidelines income [determine amount under sections 15 to 20 of the Guidelines] | $ |
| (c) Guidelines table amount payable by respondent for ..........[insert number from paragraph (a)].......... children | $ |
| (d) Number of children principally resident with respondent for whom the claimant is obliged to pay support | |
| (e) Claimant's annual Guidelines income [determine amount under sections 15 to 20 of the Guidelines] | $ |
| (f) Guidelines table amount payable by claimant for ..........[insert number from paragraph (d)].......... children | $ |
Difference between Guidelines table amounts: ..........[difference between paragraphs (c) and (f)]..........
SUPPLEMENTARY CHILD SUPPORT FACT SHEET D — CHILD 19 YEARS OR OLDER
(a) Number of child(ren) 19 years of age or older for whom support is claimed: ..........
(b) Child support is to be paid by the ..........[claimant/respondent] .......... (the "payor")
(c) Monthly Guidelines table amount of the payor under Schedule 1 of the Guidelines: $.........
[Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]
The person swearing this affidavit says that the Guidelines table amount is appropriate.
The person swearing this affidavit says that the Guidelines table amount is inappropriate and that the appropriate amount would be $...... for the following reasons: ................[Give reasons to justify the proposed amount, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each parent and the child to contribute to the support of the child.]................ .
SUPPLEMENTARY CHILD SUPPORT FACT SHEET E — UNDUE HARDSHIP
[Complete this form only if it applies to you under section 10 (3) and (4) of the Guidelines.]
| 1 Responsibility for unusually high debts reasonably incurred to support the family before separation or in order to earn a living | ||
| Owed to | Terms of debt | Monthly Amount |
| • [list] | • [provide details] | $................. $................. |
| 2 Unusually high expenses for exercising parenting time or contact with, or access to, a child | ||
| Details of expense | ||
| • [list] | $................. $................. | |
| 3 Legal duty under a court order or separation agreement to support another person | ||
| Name of person | Relationship | Nature of duty |
| 4 Legal duty to support a child, other than a child for whom support is claimed, who is (a) under age 19, or (b) 19 or older but unable to be self-supporting because of illness, disability or other cause | ||
| Name of person | Relationship | Nature of duty |
| 5 Legal duty to support a person who is unable to be self-supporting because of illness or disability | ||
| Name of person | Relationship | Nature of duty |
| 6 Other undue hardship circumstances [provide details] | ||
INCOME OF OTHER PERSONS IN HOUSEHOLD
| Name of person | Annual income |
| Total |
SUPPLEMENTARY CHILD SUPPORT FACT SHEET F — INCOME OVER $150,000
| 1 | Total number of children for whom support is claimed = .......... | |
| 2 | Guidelines table amount for $150,000 = | $.......... |
| 3 | Plus ..........% of income over $150,000 [determine applicable percentage from the Guidelines table] = | $.......... |
| 4 | Guidelines table amount [Total amount of lines 2 and 3] | $.......... |
[Select whichever one of the 4 following provisions is correct, provide any required information and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]
We have agreed on the Guidelines table amount set out in line 4 above as the amount of child support.
We have agreed on an amount of child support that differs from the Guidelines table amount and the amount of child support agreed on
(a) is $ ............., and
(b) differs from the Guidelines table amount because ..........[provide details, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each parent and the child to contribute to the support of the child]......... .
We have not agreed on an amount of child support and the amount of child support the claimant is claiming is the Guidelines table amount set out in line 4 above.
We have not agreed on an amount of child support and the amount of child support the claimant is claiming
(a) is $............. , and
(b) differs from the Guidelines table amount because ..........[provide details, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each parent and the child to contribute to the support of the child] .......... .
This is the ......[1st/2nd/3rd/etc.]...... affidavit
of ..............[name].............. in this case
and was made on .........[dd/mmm/yyyy].........
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Claimant 1 [joint family law case]:
Respondent:
Claimant 2 [joint family law case]:
AFFIDAVIT — DESK ORDER DIVORCE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]
I, ................[name]................, of ................[address]................................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:
1 I am ..........[the claimant/the respondent/Claimant 1/Claimant 2].......... .
2 There is no possibility of reconciliation between my spouse and me.
[Select whichever one of the 2 following provisions is correct and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]
3 I believe that the facts set out in the notice of family claim are true.
3 I believe that the facts set out in the response to family claim and counterclaim are true.
[Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]
4 The certificate of marriage or certified copy of the registration of marriage filed in this family law case fully and correctly describes the true particulars of the marriage.
4 It is impossible to obtain a certificate of marriage or a certified copy of the registration of marriage and instead, in accordance with section 52 (1) (a) of the Evidence Act, I refer to the affidavit of ................[name]................, a person who was present at the marriage ceremony, which affidavit is filed in this family law case.
[Select whichever one of the 4 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]
5 [Select this provision if the grounds for divorce are separation for more than one year.] I was living separate and apart from my spouse at the start of this family law case and I have lived separate and apart from my spouse since ........ [dd/mmm/yyyy]........, except: ................[provide dates of any periods of attempted reconciliation]................ .
5 [Select this provision if the grounds for divorce are adultery of a spouse and there has been an admission of adultery.] My spouse has admitted to me that .....[he/she]..... committed the acts of adultery alleged in Schedule 1 of the ................[notice of family claim/counterclaim]................ and
(a) as corroboration I refer to ..........[Set out whichever one of the following is applicable: the affidavit(s) of ................[name(s)]................, / the transcript of the examination for discovery of ................[name]................ marked as Exhibit "A" to this affidavit] .......... ,
(b) I have not condoned the conduct of my spouse that is alleged as the grounds for divorce in that I have not forgiven my spouse for that conduct, nor have I encouraged or acquiesced in that conduct.
5 [Select this provision if the grounds for divorce are adultery of a spouse and there has been no admission of adultery.] I have no personal knowledge of the acts of adultery alleged in Schedule 1 of the ..........[notice of family claim/counterclaim].......... and
(a) in proof of the adultery committed by my spouse I refer to ..........[Set out whichever one of the following is applicable: the affidavit(s) of ................[name(s)]................, / the transcript of the examination for discovery of ................[name]................ marked as Exhibit "A" to this affidavit].......... ,
(b) I have not condoned the conduct of my spouse that is alleged as the grounds for divorce in that I have not forgiven my spouse for that conduct, nor have I encouraged or acquiesced in that conduct.
5 [Select this provision if the grounds for divorce are physical or mental cruelty of a spouse.] My spouse has treated me with physical or mental cruelty since the date of the marriage as follows: ................[provide details]................ .
6 I am neither directly nor indirectly a party to an agreement or conspiracy for the purpose of subverting the administration of justice, or to any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court.
[Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]
7 There are no children of the marriage as defined by the Divorce Act (Canada).
7 There are children of the marriage as defined by the Divorce Act (Canada) and
(a) those children are ..........[provide the full name, age and birth date of each child of the marriage]................,
(b) I have sworn a child support affidavit in Form F37, and
(c) the following arrangements for parenting have been made: ................[provide details]................ .
[Select and complete the following provision if you are seeking a change of name for yourself. If you are not seeking a change of name for yourself, remove this provision so that it does not appear in the form when the form is filed.]
8 Pursuant to section 5 of the Name Act, I am seeking to change my name from ............................................ to .......................................... . This application for a name change relates only to myself.
[Select and complete the following provision if you are seeking a change of name for one or more minor children. If you are not seeking a change of name for one or more minor children, remove this provision so that it does not appear in the form when the form is filed. Renumber this provision as section 8 if you are seeking a change of name for one or more minor children and have not included a section 8 immediately before this provision.]
9 Pursuant to section 5 of the Name Act, I am seeking to change the name(s) of the minor child(ren) of the marriage as follows, and a copy of the consent(s) to the change(s) of name referred to in this section of .....................[name]................. who is/are ...............[relationship to child(ren)]................. is/are attached to this affidavit and marked as Exhibit(s) ....[A, B, C, D, as the case may be].... . [Complete the following for each minor child of the marriage for whom a name change is sought.]
from ................................................ to: .................................................
| 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]....
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF DISCONTINUANCE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: .................[party(ies)].................
TAKE NOTICE that .................[party(ies)].................
[Check whichever one of the following boxes is correct and complete the required information.]
[ ] discontinue(s) this family law case against .................[party(ies)].................
[ ] discontinue(s) the following claims(s) in this family law case against .............[party(ies)].............:
(a)
(b)
(c)
[Check the correct box(es).]
[ ] Notice of trial has not been filed
[ ] Notice of trial has been filed and this discontinuance is
[ ] with the consent of all parties
[ ] by leave of the court
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF WITHDRAWAL
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: .........................[party(ies)].........................
TAKE NOTICE that the respondent(s), ..............................[name(s)]..............................,
[Check whichever one of the following boxes is correct and complete the required information.]
[ ] withdraw(s) ........[his/her/their]........ response to family claim in this family law case
[ ] withdraw(s) ........[his/her/their]........ response to family claim in respect of the following claim(s) in this family law case:
(a)
(b)
(c)
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SECURITY FOR RECEIVER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Date of this guarantee: ........[dd/mmm/yyyy]........
Name and address of receiver: ...................................................................
Name and registered office of surety: .......................................................
Liability of surety under this guarantee: $......................
Annual premium: $......................
This guarantee is made between the RECEIVER, THE SURETY AND HER MAJESTY THE QUEEN in right of British Columbia.
1 The receiver and the surety hereby jointly and severally covenant with Her Majesty the Queen in right of British Columbia that the receiver will, from time to time, duly account for what the receiver has already received since the date of the order appointing the receiver and will hereafter receive or for what since the date of the order the receiver has or will hereafter become liable to pay or account for as receiver [and manager] and will pay every sum of money and deliver every property that the court may direct.
2 If the receiver does not, for every successive 12 months computed from the date of the receiver's appointment, pay at the office of the surety the annual premium noted above, then the surety may apply to be relieved from all further liability under this guarantee, except in respect of any damage or loss occasioned by any act or default of the receiver in relation to the receiver's duties as receiver [and manager] prior to the hearing and determination of the application.
3 A statement under the hand of the registrar of the amount that the receiver is liable to pay and has not paid under paragraph 1 and that the loss or damage has been incurred through the act or default of the receiver is conclusive evidence in any action by Her Majesty against the receiver and surety, or either of them, or by the surety against the receiver, of the truth of the contents of the statement and constitutes a binding charge not only against the receiver and the receiver's personal representatives, but also against the surety and its funds and property without it being necessary for Her Majesty to take any proceedings against the surety and the surety's funds and property and without it being necessary for Her Majesty to take any proceedings against the receiver for the recovery thereof and without any further or other proof being given in that behalf in any action to enforce this guarantee.
4 The liability of the surety under this guarantee is limited to the sum noted above, provided that the registrar may approve, in writing, the reduction of the liability of the surety, in which event the surety's maximum liability with respect to any acts or omissions of the receiver subsequent to the date of the approval is reduced accordingly and provided further that an endorsement executed by the surety increasing the liability of the surety will be binding on the surety with respect to any acts or omissions of the receiver subsequent to the date of that endorsement.
5 The receiver will, on being discharged from office or on ceasing to act as receiver [and manager], promptly give written notice of that discharge to the surety, and also within 7 days after the notice give the surety a copy of any order discharging the receiver.
6 The receiver and the receiver's personal representatives will at all times hereafter indemnify the surety against all loss, damage, costs, and expenses that the surety sustains by reason of the surety having executed this guarantee.
In witness whereof, the receiver has hereunder set the receiver's hand and seal and the surety has caused its common seal to be affixed ........[dd/mmm/yyyy]........ .
SURETY [SEAL]
RECEIVER [SEAL]
| Date: ................[dd/mmm/yyyy]................. | Approved: ............................................................... Registrar |
Endorsement to Guarantee No.
The liability of the surety under this guarantee has been increased from $...................... to $......................, effective ........[dd/mmm/yyyy]........ with respect to any acts or omissions of the receiver subsequent to that date.
SURETY [SEAL]
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SECURITY OF RECEIVER BY UNDERTAKING
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, .............................., of .............................., in the .............................. of .............................., the receiver [and manager] appointed by order made on ........[dd/mmm/yyyy]........ by ........................... in this family law case, hereby undertake to the court duly to account for all money and property received by me as receiver [and manager] or for which I may be held liable, and to pay the balance from time to time found due from me and to deliver any property received by me as receiver [and manager] at such times and in such manner as the court directs.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Receiver [Manager] |
And we ..............................[names and addresses of sureties].............................. hereby jointly and severally undertake to the court to be answerable for any default by .........................[name of receiver]......................... as receiver [and manager] and on such default to pay as the court directs any amounts not exceeding in the whole $.................... that may from time to time be certified by the registrar to be due from the receiver, and we submit to the jurisdiction of the court to determine any claim made under this undertaking.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Surety |
| ................[dd/mmm/yyyy]................. | .................................................................................. Surety |
| ................[dd/mmm/yyyy]................. | Approved: ............................................................... Registrar |
Endorsement to Security
The liability of the surety under this guarantee has been increased from $.................... to $...................., effective ........[dd/mmm/yyyy]........ with respect to any acts or omissions of the receiver subsequent to that date.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Surety |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE TO CROSS-EXAMINE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ....................[party]....................
And to: ..........[name of person who prepared report under section 15 of the Family Relations Act or section 211 of the Family Law Act]..........
TAKE NOTICE THAT:
I, ..........[name of party giving notice].........., require ..........[name of person who prepared section 15 report or section 211 report].......... to attend at the trial of this family law case at the place, date and time set out below to be cross-examined on the report dated ..........[dd/mmm/yyyy].......... .
Place of trial: ..........................[address]..........................
Date attendance is required: ..........[dd/mmm/yyyy]..........
Time attendance is required: ...........[time of day]............
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] party giving notice [ ] lawyer for party(ies) giving notice |
...........................[type or print name]..........................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF TRIAL
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by:....................[party]....................
TAKE NOTICE that the trial of this family law case has been set down at the following place, date and time:
| City | |
| Address of Courthouse | |
| Date [dd/mmm/yyyy] | |
| Time |
..................................................................................
Registrar
[Check whichever one of the following boxes is correct and complete any required information.]
The place of trial set out above is the place of trial set out in
[ ] the notice of family claim.
[ ] the order dated ........[dd/mmm/yyyy]........ .
[Check whichever one of the following boxes is correct and complete the required information.]
[ ] All parties agree that not more than .................... is a reasonable time for the hearing of all evidence and argument in this family law case.
[ ] There is a disagreement as to the estimate of a reasonable time for the hearing of all evidence and argument in this family law case. The estimates of the parties are as follows:
| Name of party | Time Estimate |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) ...........................[type or print name].......................... |
Contact information for the parties and their lawyers is as follows:
[Set out the full names, addresses and telephone numbers of all lawyers having conduct of this family law case and of all parties who are not represented by a lawyer and, in addition, any email addresses or fax numbers that may be used for contact purposes.]
Form F45 (Rule 14-2.1 (1), (2) and (3) )
[Style of Proceeding]
TRIAL BRIEF
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: .................[party]................. (the "filing party")
[The pages of this trial brief must be consecutively numbered.]
[Check the following box, if applicable] [ ] This is an amended trial brief of the filing party.
The trial of this family law case is scheduled for .............[number of days scheduled for trial].............. days and is scheduled to begin on .........[insert date]........ . The total time needed respecting items 3, 4, 6, 9 and 11 (b), as applicable, is ........[total, in hours, of all times indicated in items 3, 4, 6, 9 and 11 (b) below]........
[Check whichever one of the following boxes is correct and complete any required information.]
[ ] The filing party expects the trial to complete within the scheduled time.
[ ] The filing party expects the trial to require ........[number]........ days, and the filing party and counsel are available to continue for ........[number]........ consecutive days following the currently scheduled completion date.
The total time needed for orders or directions sought at the trial management conference is _________, if proceeding [total time of all applications in item 1 (c)].
1 Trial Management Conference
(a) The filing party is represented by legal counsel and anticipates being represented by counsel at the trial: [ ] yes [ ] no
(b) The trial is set for hearing for more than 15 days: [ ] yes [ ] no
[See Rule 14-3 (1) for when trial management conference is required.]
(c) The following orders or directions will be applied for at the trial management conference:
| Nature of order or direction | Time in hours needed for application |
If a trial management conference is not held, the parties are encouraged to engage in pretrial communication that will result in the efficient conduct of the trial, including provisions for joint book of authorities, agreed statement of facts, and common book of documents.
2 Summary of Issues and Positions
The following is a list, in numbered paragraphs, of the issues in dispute and the filing party's position on each:
| Issue in dispute | Filing party's position |
| 1 | 1 |
| 2 | 2 |
3 Witnesses to Be Called
The following are the names and addresses of the lay and expert witnesses the filing party intends to call at trial, the issue(s) each will address, an estimate of the time each will need for giving direct evidence, and the filing party's opinion on whether, if the court so orders or the parties all consent, the witness's direct evidence could conveniently be given by affidavit:
| Name | Address | Issue(s) | Evidence expected at trial: (a) attached as a schedule or (b) to be provided 14 days before trial | Time in hours needed | Direct evidence by affidavit (Y/N) | Video Attendance Proposed by Filing Party (Y/N) |
4 Witnesses to be Cross-Examined
The following are the names of the witnesses the filing party anticipates cross-examining at trial, and an estimate of the time the filing party will need for each:
| Name | Time in hours needed |
5 Expert Reports
The following are the expert reports the filing party intends to offer as evidence at trial:
| Name of expert | Area of Expertise | Date of report |
6 Objection to Admissibility
The filing party intends to object to the admissibility of all or a part of the following expert reports:
| Name of expert | Area of expertise | Date of report | Basis of objection | Time in hours needed |
7 Documents, Exhibits and Authorities
(a) The parties [ ] have agreed on [ ] have not agreed on [ ] have not yet discussed a common book of documents.
(b) The filing party [ ] is in favour or [ ] is not in favour of having a common book of documents. If not, provide reasons:
(c) The parties [ ] have reached [ ] have not reached [ ] have not yet discussed an agreement governing the use and admissibility of documents.
(d) The filing party [ ] is in favour or [ ] is not in favour of proceeding with an agreement governing the use and admissibility of documents.
If yes, attach proposed form of document agreement.
If not, provide reasons:
(e) The filing party [ ] expects [ ] does not expect that there will be a joint book of authorities.
8 Admissions
The filing party will admit the following facts at trial (attach schedule if more space required):
1
2
9 Time Required for Submissions
The filing party estimates that ........[time estimate, in hours]........ will be needed for the filing party's opening statement and ........[time estimate, in hours]........ will be needed for that party's final submissions.
10 Orders That May Affect the Conduct of the Trial
The following orders may affect the conduct of the trial:
| Date of order | Nature of order |
11 Applications Anticipated
(a) The following applications are anticipated to be made prior to trial:
| Name of application | Time estimate |
(b) The following applications are anticipated to be made during the trial:
| Name of application | Time estimate |
12 Trial Logistics
(a) Does this trial involve/require:
(i) out of town witnesses? yes [ ] no [ ]
If so, indicate where witnesses are traveling from: __________________
(ii) interpreters? yes [ ] no [ ]
If so, indicate language[s] required for which witnesses: __________________
(iii) security concerns? yes [ ] no [ ]
If so, indicate whether sheriff required in the courtroom: __________________
(iv) special equipment/courtroom arrangements? yes [ ] no [ ]
Videoconferencing: yes [ ] no [ ]
Teleconferencing: yes [ ] no [ ]
Evidence Presentation System: yes [ ] no [ ]
Large courtroom: yes [ ] no [ ]
Other requirements: __________________
(b) How many people do you anticipate to be in attendance in person at the trial?
[________] number of party attendees
[________] number of non-party attendees
13 Readiness
Are further amendments to the pleadings, applications, examinations for discovery, interrogatories, admissions or expert reports required before the trial?
[ ] yes [ ] no
| Date: ................[date]................. | .............................................................................. Signature of [ ] filing party [ ] lawyer for filing party ...............[type or print name]............... |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
TRIAL CERTIFICATE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: .........................[party].........................
I, ....................[name]...................., ........[the claimant/lawyer for the claimant/respondent/lawyer for the respondent]........, CERTIFY THAT:
1 I will be ready to proceed on the scheduled trial date, ........[date trial is scheduled to begin — date]........ at ..............[place of trial]................ .
2 My current estimate is that the trial will last ................ days.
3 I have completed all examinations for discovery.
4 A trial management conference has been conducted in this family law case or was not required.
5 If the family law case is settled before trial, I will give the registrar prompt notice of the settlement.
6 I will give the registrar prompt notice of any proposed adjournment of the trial.
| Date: ................[date]................. | .............................................................................. Signature of [ ] filing party [ ] lawyer for filing party ...............[type or print name]............... |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE TO PRODUCE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ......................[party(ies)]......................
TAKE NOTICE that ....................[party(ies)].................... require(s) you to produce at ........[the trial of this family law case/the deposition examination of ....................[name]....................]........ all documents in your possession or control relating to the matters in question [and, if applicable, the following physical objects: .........................................................................................................................................................] .
| Date: ................[dd/mmm/yyyy]................. | ................................................................................ Signature of [ ] party requiring production [ ] lawyer for party(ies) requiring production |
..........................[type or print name]..........................
Form F48 (Rules 14-7 (15) and 21-2 (4) and (5) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF INTENTION TO PROCEED
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: .........................[party(ies)].........................
To: .........................[party(ies)].........................
TAKE NOTICE that ....................[party(ies)].................... intend(s) to proceed with this family law case.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
..........................[type or print name]..........................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF INTENTION TO CALL ADVERSE PARTY AS A WITNESS
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: .......................[name and address].......................
TAKE NOTICE that ........................[party(ies)]........................ require(s) you to appear at the trial of this family law case at ........[time of day]........ on ........[dd/mmm/yyyy]........ at ..............[place of trial]............... for the purpose of being called as a witness under Rule 14-7 (20), (21) or (22) of the Supreme Court Family Rules.
| Date: ................[dd/mmm/yyyy]................. | ............................................................ Signature of [ ] party requiring appearance [ ] lawyer for party requiring appearance |
..........................[type or print name]..........................
Rule 14-7 (25) states:
(25) If a person called as a witness in accordance with subrule (21) or (22) refuses or neglects to attend at the trial, to be sworn or to affirm, to answer a proper question put to the person or to produce a document that the person is required to produce, the court may do one or more of the following:
(a) grant judgment in favour of the party who called the witness;
(b) adjourn the trial;
(c) make an order as to costs;
(d) make any other order it considers will further the object of these Supreme Court Family Rules.
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
WARRANT AFTER SUBPOENA
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To any Peace Officer
WHEREAS ....................[name and address of person].................... was subpoenaed to give evidence at the trial of this family law case and failed to attend [or failed to remain in attendance]; THIS COURT ORDERS you to apprehend and bring that person promptly before the court at ............................................................ and, after that, to deal with that person as directed.
| Date: ................................. | .................................................................................. A Judge of the Supreme Court of British Columbia |
..........................[type or print name]..........................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ORDER MADE AFTER APPLICATION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]
| THE HONOURABLE JUSTICE | ||||
| or A JUDGE OF THE COURT | | ||
| BEFORE | | or | | .....[dd/mmm/yyyy]..... |
| ASSOCIATE JUDGE | | ||
| or AN ASSOCIATE JUDGE OF THE COURT |
[Select whichever one of the 2 following provisions is correct, complete the selected provision and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]
ON THE APPLICATION of ......................[party(ies)]......................coming on for hearing at
...................... on ........[dd/mmm/yyyy]........ and on hearing ................[name of party/lawyer]................ and ................[name of party/lawyer]................;
ON THE APPLICATION of ......................[party(ies)]......................without notice coming on for hearing at
...................... on ........[dd/mmm/yyyy]........ and on hearing ................[name of party/lawyer]................;
THIS COURT ORDERS that:
[If any of the following orders are by consent, indicate that fact by adding the words "By consent," to the beginning of the description of the order.] [If this order is to change, suspend or terminate a final order, identify the judge by whom and the date on which that order was made.] [For each order, if any, made for parenting time, decision-making responsibility, contact, parenting arrangements, child support or spousal support, indicate whether the order is made under the Divorce Act or the Family Law Act.]
1
2
3
THE PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:
[A signature line in the following form must be completed and signed by or for each approving party.]
..............................................................................
Signature of [ ] party [ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
..............................................................................
Signature of [ ] party [ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
By the Court.
..................................................................................
Registrar
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ORDER MADE AT JUDICIAL CASE CONFERENCE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]
| THE HONOURABLE JUSTICE | | ||
| BEFORE | | or | | .....[dd/mmm/yyyy]..... |
| ASSOCIATE JUDGE | | ||
AT A JUDICIAL CASE CONFERENCE in this family law case at ......................................................, on ........[dd/mmm/yyyy]........, and on hearing ......................[name of party/lawyer]...................... and ......................[name of party/lawyer]......................;
THIS COURT ORDERS that:
[If any of the following orders are by consent, indicate that fact by adding the words "By consent," to the beginning of the description of the order.]
1
2
3
THE PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:
[A signature line in the following form must be completed and signed by or for each approving party.]
..............................................................................
Signature of
[ ] party [ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
..............................................................................
Signature of
[ ] party [ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
| By the Court. | |
| .................................................................................. | |
| Registrar |
[Style of Proceeding]
ORDER MADE AT TRIAL MANAGEMENT CONFERENCE
| THE HONOURABLE JUSTICE | | ||
| BEFORE | | or | | .....[insert date of hearing]..... |
| ASSOCIATE JUDGE | |
THIS MATTER coming on for a Trial Management Conference at [insert location of registry] Law Courts on [insert date of hearing] and on hearing [insert name of person appearing], [insert description of person appearing, i.e., counsel for the claimant(s), appearing on their own behalf], and [insert name of person appearing], [insert description of person appearing, i.e., counsel for the respondent(s)/appearing on their own behalf];
THIS COURT ORDERS that:
1 [set out details]
2
THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER:
[A signature line in the following form must be completed and signed by or for each approving party.]
..............................................................................
Signature of [ ] party
[ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
..............................................................................
Signature of [ ] party
[ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................ .
| By the Court | |
| Registrar |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
FINAL ORDER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]
| THE HONOURABLE JUSTICE | ||||
| or A JUDGE OF THE COURT | | ||
| BEFORE | | or | | .....[dd/mmm/yyyy]..... |
| ASSOCIATE JUDGE | | ||
| or AN ASSOCIATE JUDGE OF THE COURT |
[Select whichever one of the 4 following provisions is correct, provide any required information and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]
This family law case coming on for trial at ................................, on ........[dd/mmm/yyyy]........, and on hearing ................, [add the following if applicable: the lawyer for] the claimant and ................, [add the following if applicable: the lawyer for] the respondent, and on considering the evidence put forward [add the following if applicable: AND JUDGMENT being reserved to this date];
This family law case coming on for hearing at ...................... on ........[dd/mmm/yyyy]........ and on hearing ................[name of party/lawyer]................ and ................[name of party/lawyer]................, and on considering the evidence put forward;
This family law case coming on for summary trial under Rule 11-3 of the Supreme Court Family Rules at .................... on .......[dd/mmm/yyyy]........, and on hearing ..............[name of party/lawyer].............. and ..............[name of party/lawyer].............., and on considering the evidence put forward;
This family law case coming on as an undefended family law case without an oral hearing under Rule 10-10 of the Supreme Court Family Rules, and on considering the evidence put forward;
THIS COURT ORDERS that
[If a divorce is granted, select whichever one of the 2 following provisions is correct, complete the selected provision and remove the provision that has not been selected so that it does not appear in the form when the form is filed. If a divorce is not granted, remove both of the following provisions so that they do not appear in the form when the form is filed.]
Subject to section 12 of the Divorce Act (Canada), the claimant, ................[name]................, and the respondent, ................[name]................, who were married at ................[place]................ on ........[dd/mmm/yyyy]........, are divorced from each other, the divorce to take effect on the 31st day after the date of this order.
Subject to section 12 of the Divorce Act (Canada), the claimant, ................[name]................, and the respondent, ................[name]................, who were married at ................[place]................ on ........[dd/mmm/yyyy]........, are divorced from each other, the divorce to take effect on ........ [dd/mmm/yyyy]........ .
THIS COURT ORDERS that
[If orders other than or in addition to divorce orders are made, set out, in numbered paragraphs, the terms of all orders other than divorce orders.] [If any of the following orders are by consent, indicate that fact by adding the words "By consent," to the beginning of the description of the order.] [For each order, if any, made for parenting time, decision-making responsibility, contact, parenting arrangements, child support or spousal support, indicate whether the order is made under the Divorce Act or the Family Law Act.] [If no orders other than divorce orders are made, remove this provision so that it does not appear in the form when the form is filed.]
1
2
3
THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:
[A signature line in the following form must be completed and signed by or for each approving party.]
..............................................................................
Signature of
[ ] party [ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
..............................................................................
Signature of
[ ] party [ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
| By the Court. | |
| .................................................................................. | |
| Registrar |
Repealed. [B.C. Reg. 119/2010, Sch. B, s. 39.]
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
PROTECTION ORDER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| THE HONOURABLE JUSTICE | | ||
| BEFORE | | or | | .....[dd/mmm/yyyy]..... |
| ASSOCIATE JUDGE | |
| Name of applicant: | ................................................ | ||
| Persons appearing: | ................................................ | Lawyer: | ................................................ |
| ................................................ | Lawyer: | ................................................ |
[Select one or more of the 10 following provisions, as applicable, complete the selected provision(s) and remove the provision(s) that is/are not selected so that it/they do(es) not appear in the draft order when submitted for filing.]
THIS COURT ORDERS, under section 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 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 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 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 ........[dd/mmm/yyyy]........ .
[Add any further terms of protection order.]
By the Court.
..................................................................................
Registrar
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 for the purpose of enforcing the order, 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 unless the court otherwise orders in relation to this order, this order expires one year after the date it is made.
Court File No.: .........................
Court Registry: .........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ORDER TERMINATING A PROTECTION ORDER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| THE HONOURABLE JUSTICE | | ||
| BEFORE | | or | | .....[dd/mmm/yyyy]..... |
| ASSOCIATE JUDGE | |
| Name of applicant: | ................................................ | ||
| Persons appearing: | ................................................ | Lawyer: | ................................................ |
| ................................................ | Lawyer: | ................................................ |
THIS COURT ORDERS, under section 187 of the Family Law Act, that the order dated ........[dd/mmm/yyyy]........ made by [name of justice or associate judge who made the order being terminated] is terminated on ........[dd/mmm/yyyy]..........
By the Court.
..................................................................................
Registrar
Note: This order will be sent to the Protection Order Registry to advise them to remove the terminated order from their registry.
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
RESTRAINING ORDER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| THE HONOURABLE JUSTICE | | ||
| BEFORE | | or | | .....[dd/mmm/yyyy]..... |
| ASSOCIATE JUDGE | |
| Name of applicant: | ................................................ | ||
| Persons appearing: | ................................................ | Lawyer: | ................................................ |
| ................................................ | Lawyer: | ................................................ |
THIS COURT ORDERS, under section 46 (1) (a) of the Family Maintenance Enforcement Act, that ........[full name and date of birth of person restrained]........ is restrained from molesting, annoying, harassing or communicating with, or attempting to molest, annoy, harass or communicate with ........[set out name of creditor, debtor, director or other person]........ .
[Add any further terms of restraining order.]
By the Court.
..................................................................................
Registrar
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.
Form F55 (Rules 15-1 (13), 16-1 (20), (23) and (24) and 18-1 (6) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
APPOINTMENT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I appoint:
Time: .......................................................
Date: ................[dd/mmm/yyyy].................
Place: .......................................................
as the time and place for the: [Check the correct box(es) and complete any required information.]
[ ] assessment of the bill of costs of .........................[party(ies)].........................
[ ] assessment of the expenses of .........................[party(ies)].........................
[ ] settlement of the terms of the order of ........[Justice or Associate Judge]........ made ........[dd/mmm/yyyy]........
[ ] passing of accounts of ..........[executor, administrator, receiver or other]..........
[ ] reference under the Court Order Enforcement Act
[ ] reference ordered by........[Justice or Associate Judge]........
[ ] assessment of sheriff's fee
[ ] other
Attached to this Appointment ......[is/are]...... the [ ] bill(s) of costs [ ] sheriff's bill(s) [ ] order(s) that ......[is/are]...... the subject of this Appointment.
| Date: ................[dd/mmm/yyyy]................. | ................................................................................. Associate Judge, Registrar or Special Referee |
To: ........................[name]........................
TAKE NOTICE of the above appointment.
The person seeking appointment believes the matter for which this appointment was sought:
[Check all of the following boxes that are correct and complete the required information.]
[ ] is [ ] is not of a time consuming or contentious nature
[ ] will require approximately ........[time estimate]........ to complete
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] person seeking appointment [ ] lawyer for person seeking appointment |
...........................[type or print name]..........................
Address and telephone number of person seeking appointment or lawyer for person seeking appointment:
Name: .......................................................
Address: ...................................................
..................................................................
Telephone: ................................................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
CERTIFICATE OF DIVORCE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
This is to certify that ................[name]........ and ........[name]........, who were married at ................[place]................ on ........[dd/mmm/yyyy]........, were divorced under the Divorce Act (Canada) by an order of this court which took effect and dissolved the marriage on ........[dd/mmm/yyyy]......... .
GIVEN under my hand and the seal of this court
Date: ......................[dd/mmm/yyyy].......................
..............................................................................
Registrar
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
WRIT OF SEIZURE AND SALE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Name and address of lawyer or person causing this writ to be issued: ................................................
To the Sheriff
You are commanded promptly to seize and sell at public auction or by tender for the best available price sufficient of the goods and chattels of the undermentioned person to realize the sums set out on the back of this writ, that are payable by virtue of the attached order of this Honourable Court, together with your costs, fees and expenses for executing this writ.
After carrying out the above instructions, you must pay to the person specified on the back of this writ from the amount realized the sum or sums that are payable to that person and account therefor by return to the court.
| Date: ................................. | .................................................................................. Registrar |
[Back]
Name and address of person whose goods and chattels are to be seized: .......................................................
Amount remaining due and payable on judgment: $...............
Amount of costs remaining due and payable: $...............
Amount of interest on judgment and costs remaining due and payable: $...............
Costs of party entitled to execution: $...............
Sheriff's costs [to be filled in by Sheriff]: $...............
Total [to be filled in by Sheriff]: $...............
Identity of person entitled to payment of judgment: ................................................
Form F58 (Rule 15-4 (2) and (4) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
WRIT OF SEQUESTRATION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Name and address of lawyer or person causing this writ to be issued: ................................................
To the Sheriff
You are authorized and commanded to enter on and take possession of all the real and personal estate of ................[name of person]................ and to collect and receive the rents and profits of that person's real and personal estate and keep the same under sequestration in your hands until you are satisfied that that person has complied with the attached order and has paid the costs, fees and expenses of execution of the person entitled to execution and the costs, fees and expenses for executing this writ.
| Date: ................................. | .................................................................................. Registrar |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
WRIT OF POSSESSION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Name and address of lawyer or person causing this writ to be issued: ................................................
To the Sheriff
WHEREAS it was ordered, on ........[dd/mmm/yyyy]........, that
[Check whichever one of the following boxes is correct and complete the required information.]
[ ] the respondent, .............................., deliver to the claimant, ......................................,
[ ] the claimant, ................................., recover from the respondent, ..............................,
possession of ....................[set out address and, if available, legal description of land].................... (the "land");
YOU ARE COMMANDED promptly to enter the land and cause ....................[name].................... to have possession of it;
AND YOU ARE ALSO COMMANDED promptly to seize and sell at public auction or tender for the best price available sufficient of the goods and chattels of ....................[name].................... to realize the claimant's costs, fees and expenses of execution and the costs, fees and expenses for executing this writ.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Registrar |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
WRIT OF DELIVERY
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Name and address of lawyer or person causing this writ to be issued: ................................................
To the Sheriff
WHEREAS it was, on ........[dd/mmm/yyyy]........, ordered that the respondent, ................................, deliver to the claimant, ................................, the following goods: ................................[describe the goods]................................;
YOU ARE COMMANDED promptly to cause the goods to be delivered to ...............................;
AND YOU ARE ALSO COMMANDED promptly to seize and sell at public auction or tender for the best price available sufficient of the goods and chattels of ................................ to realize the claimant's costs, fees and expenses of execution and the costs, fees and expenses for executing this writ.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Registrar |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
WRIT OF DELIVERY OR ASSESSED VALUE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Name and address of lawyer or person causing this writ to be issued: ................................................
To the Sheriff
WHEREAS it was, on ........[dd/mmm/yyyy]........, ordered that the respondent, ................................, deliver to the claimant, ................................, the following goods: ................................[describe the goods]................................;
YOU ARE COMMANDED promptly to cause the goods to be delivered to ................................;
AND YOU ARE ALSO COMMANDED promptly to seize and sell at public auction or tender for the best price available sufficient of the goods and chattels of ................................ to realize the claimant's costs, fees and expenses of execution and the costs, fees and expenses for executing this writ;
If the goods that you are to have delivered to ................................ cannot be found within British Columbia, then you are commanded to realize, in addition to any other sums referred to in this writ, from the goods and chattels of ................................, the sum of $..............., together with your costs, fees and expenses of so doing and pay the sum to the claimant together with the claimant's costs, fees and expenses of execution.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Registrar |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ACKNOWLEDGMENT OF PAYMENT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I ACKNOWLEDGE PAYMENT of $................... in [ ] full [ ] partial satisfaction of the judgment dated ........[dd/mmm/yyyy]........ .
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of party receiving payment |
...........................[type or print name]..........................
Signed ........[dd/mmm/yyyy]........ in the presence of
................................[name]....................................
................................[address].................................
................................[occupation]............................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant/Creditor/Petitioner/Other:
Respondent/Debtor/Petition Respondent/Other:
SUMMONS TO A DEFAULT HEARING
UNDER THE FAMILY MAINTENANCE ENFORCEMENT ACT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ............................[name and address]............................
It appears you have defaulted in a payment required under a support order.*
........[An affidavit/A statement of arrears]........ is attached.
YOU ARE REQUIRED to appear before the Supreme Court of British Columbia, at ................[address]................, under the Family Maintenance Enforcement Act, on ........[dd/mmm/yyyy]........ at ........[time of day]........ or so soon after that as this matter may be heard, to show cause why the order should not be enforced.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Registrar |
TAKE NOTICE:
If you do not appear at the default hearing, the court may issue a warrant for your arrest or make an order in your absence.
*"Order" includes an agreement filed in the court under section 148 (2) or 163 (3) of the Family Law Act.
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant/Creditor/Petitioner/Other:
Respondent/Debtor/Petition Respondent/Other:
SUMMONS TO A COMMITTAL HEARING
UNDER THE FAMILY MAINTENANCE ENFORCEMENT ACT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ............................[name and address]............................
It appears you have defaulted in a payment you were required to make under section 21 (1) (e) of the Family Maintenance Enforcement Act. ........[An affidavit/A statement of arrears]........ is attached.
YOU ARE REQUIRED to appear before the Supreme Court of British Columbia at ................[address]................, under the Family Maintenance Enforcement Act, on ........[dd/mmm/yyyy]........ at ........[time of day]........ or so soon after that as this matter may be heard, to show cause why an order should not be made for your imprisonment.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Registrar |
TAKE NOTICE:
If you do not appear at the committal hearing, the court may issue a warrant for your arrest or make an order in your absence.
Court File No.: ........................ .
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant/Creditor/Petitioner/Other:
Respondent/Debtor/Petition Respondent/Other:
ARREST WARRANT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To any Peace Officer
WHEREAS this court is of the opinion that
[ ] ................................[name and address of person]................................
[ ] did not comply with a summons issued under the Family Maintenance Enforcement Act
[ ] did not comply with an order issued under the Family Maintenance Enforcement Act
[ ] there are reasonable grounds to believe that ................[name of person]................ is about to leave British Columbia in order to evade or hinder the enforcement of a support order.
YOU are hereby ordered to apprehend ................[name of person]................ and promptly bring that person before a judge of the Supreme Court, and, after that, to deal with that person as directed.
| Date: ................................. | .................................................................................. A Judge of the Supreme Court of British Columbia |
...........................[type or print name]..........................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SUBPOENA TO DEBTOR
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ............................[name]............................
TAKE NOTICE that the amount set out in the endorsement below is now owing by the debtor ....................[name].................... on the order dated ........[dd/mmm/yyyy]........, a copy of which is attached.
YOU ARE REQUIRED TO APPEAR PERSONALLY at the courthouse at .................[address]................. at ........[time of day]........ on ........[dd/mmm/yyyy]........ to be examined on oath as to:
(a) the income and property of the debtor,
(b) the debts owed to and by the debtor,
(c) the disposal the debtor has made of any property, and
(d) the means the debtor has, or has had, or in future may have, of satisfying the order.
WARNING: Failure to attend at the hearing of this subpoena can result in your arrest and committal to prison WITHOUT DELIVERY TO YOU OF ANY FURTHER NOTICE OR DOCUMENT.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] creditor [ ] lawyer for creditor(s) |
...........................[type or print name]..........................
Address for service of creditor(s): ................................................................................
Endorsement of Amount Payable
[Set out, in the form of an account, the amount of the debt or instalment owing, the costs incurred on the order and of proceedings subsequent to the order, the amounts paid and dates of payment, the interest owing and how computed.]
| Subtotal | $................ |
| Add Expenses of service by sheriff [to be endorsed by officer serving at the time of service] | $................ |
| Total amount payable | $................ |
If the total amount payable is paid to the creditor or into court for the account of the creditor before the date of the hearing, you are excused from attending.
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
EXAMINER'S REPORT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, .................................., a registrar designated as an examiner by the Chief Justice of the Supreme Court of British Columbia under Rule 15-6 (5) (c) of the Supreme Court Family Rules, report:
1 that a subpoena was issued under Rule 15-6 (1) directed to .................................. . A copy of the subpoena is attached;
2 that the subpoena was served in accordance with the provisions of Rule 15-6 (3) and proof of service filed;
3 that the person subpoenaed:
[Check the correct box(es).]
[ ] did not attend as required at the hearing;
[ ] refused to be sworn or to affirm or to answer any question put to the person at the hearing;
[ ] after an order to that effect, refused or neglected to produce or permit to be inspected any document or property;
[ ] did not give answers that were to the satisfaction of the examiner;
4 that the lawyer for the creditor appeared at the time and place and on the date fixed for the hearing;
5 that under Rule 15-6 (8) I have fixed ........[dd/mmm/yyyy]........ at ........[time of day]........ at the courthouse at ....................[address].................... as the time and place for appearance before the court.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Examiner |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF APPLICATION FOR COMMITTAL
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ....................[name of person]....................
WHEREAS on ........[dd/mmm/yyyy]........ the creditor, ....................[name]...................., obtained against you an order to pay ....................[set out terms of order]...................., and the creditor alleges that you have failed or neglected to make payment in accordance with the order and that you knew of the order;
TAKE NOTICE that an application will be made by the creditor at the courthouse at ....................[address].................... at ........[time of day]........ on ........[dd/mmm/yyyy]........ for an order committing you to prison;
AND TAKE NOTICE that the creditor will rely on the following affidavit(s) in support of the application:
[Using numbered paragraphs, list the affidavits on which the creditor will rely. Each affidavit included on the list must be identified as follows: "Affidavit #.......... [sequential number, if any, recorded in the top right hand corner of the affidavit].......... of ....................[name]...................., made ........[dd/mmm/yyyy]........".]
1
2
WARNING: Failure to attend at the hearing of this application can result in your arrest and committal to prison WITHOUT SERVICE ON YOU OF ANY FURTHER NOTICE OR DOCUMENT.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] creditor [ ] lawyer for creditor(s) |
...........................[type or print name]..........................
Address for service of creditor(s): ................................................................
Endorsement of Amount Payable
[Set out, in the form of an account, the amount of the debt or instalment owing, the costs incurred on the order and on proceedings subsequent to the order, the amounts paid and the dates of payment and the interest owing and how it was computed.]
| Subtotal | $................ |
| Add Expenses of service | $................ |
| Total amount payable | $................ |
If the total amount payable is paid to the creditor or into court for the account of the creditor before the date of the hearing, you are excused from attending.
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ORDER OF COMMITTAL
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
BEFORE THE HONOURABLE JUSTICE ....[date]....
THIS COURT ORDERS that:
1 by reason of ...........................[grounds of committal]..........................., .................[person to be committed]................. be committed to prison for .......... days;
2 the sheriff and all peace officers arrest .................[person to be committed]................. and bring that person promptly before this court at ..............................[address].............................. and, unless otherwise ordered, deliver that person to the warden of ....................[name of prison]....................;
3 the warden receive .................[person to be committed].............. and keep that person for .......... days from the date of that person's arrest under this order or until that person is sooner discharged by due process of law.
By the Court.
..................................................................................
Registrar
This order is in force for one year only from the date of the order.
Endorsement of Amount Payable
[Set out, in the form of an account, the amount of the debt or instalment owing, the costs incurred on the order and on the proceedings subsequent to the order, the amounts paid and the dates of payment and the interest owing and how it was computed.]
| Subtotal | $................ |
| Add — | |
| 1 Expenses of service | $................ |
| 2 Maintenance money [to be endorsed by warden at the time payment is tendered] | $................ |
| Total amount payable | $................ |
If the total amount payable is paid to the registrar, or to the sheriff or peace officer or warden who has you in custody, then this order will be discharged.
This is the ......[1st/2nd/3rd/etc.]...... affidavit
of ..............[name].............. in this case
and was made on .........[dd/mmm/yyyy].........
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
CERTIFICATE OF RESULT OF SALE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| Property Sold | Name of Purchaser | Price | Amount Received | Date of Sale |
| Totals | ||||
I, ...............[name]..............., of ....................[address]...................., ....................[occupation]...................., SWEAR (OR AFFIRM) THAT:
1 I did, in accordance with the provisions of the order of this court dated ........[dd/mmm/yyyy]........, sell by ........[auction or as the case may be]........ the property described in the certificate on the day shown in the certificate.
2 The result of the sale is truly set forth in the certificate.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| ) | Person conducting sale | |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) |
....[print name or affix stamp of commissioner]....
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
BILL OF COSTS
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
This is the bill of costs of: ........................[name(s)]........................
| PART A — SCALE OF DIFFICULTY | |||||||||||||||
| |||||||||||||||
| PART B — TARIFF ITEMS | ||||
| Item | Description | Basis of calculation | Amount | |
| 1 | Correspondence, conferences, instructions, investigations or negotiations and preparation, filing and service of pleadings and petitions and responses to petitions | Scale of difficulty — from Part A of this bill of costs: | ||
| less than ordinary difficulty [claim $1 000] | ||||
| ordinary difficulty [claim $3 000] | ||||
| more than ordinary difficulty [claim $5 000] | ||||
| 2 | Process for discovery and inspection of documents | Scale of difficulty — from Part A of this bill of costs: | ||
| less than ordinary difficulty [claim $750] | ||||
| ordinary difficulty [claim $2 000] | ||||
| more than ordinary difficulty [claim $5 000] | ||||
| 3 | Preparation for and attendance at each examination for discovery | Number of days attendance at examinations for discovery: ..........(x $1 000) | ||
| 4 | Preparation for and attendance at each contested application | Number of 1/2 days attendance at contested applications: ..........(x $1 000) | ||
| 5 | Preparation for and attendance at each judicial case conference or settlement conference | Number of 1/2 days attendance at judicial case conferences and settlement conferences: ..........(x $1 000) | ||
| 6 | Preparation for and attendance at each uncontested application or trial management conference | Number of uncontested applications and trial management conferences: .......... (x $500) | ||
| 7 | Preparation for and attendance at trial of family law case or of an issue in a family law case | Number of days attendance at trial for each day of trial up to and including the 5th day of trial: ..........(x $2 000) | ||
| Number of days attendance at trial for each day of trial after the 5th day of trial: ..........(x $3 000) | ||||
| 8 | Preparation for and attendance at each examination in aid of execution and subpoena to debtor | $250 | ||
| 9 | All process relating to execution on or enforcement of an order — other than applications to court | $250 | ||
| TOTAL | ||||
| PART C — OTHER COSTS AWARDED THE PARTY PRESENTING THE BILL | |||
| Description of costs awarded | Date of order by which award of costs was made | Costs allowed | |
| TOTAL OTHER COSTS | |||
| PART D — TOTAL COSTS | ||
| TOTAL COSTS ALLOWED: TOTAL from Part B + TOTAL OTHER COSTS from Part C = | ||
| Applicable taxes = | ||
| TOTAL COSTS AND TAX | ||
| PART E — DISBURSEMENTS | ||||||
| Description | Claimed | Allowed | Applicable taxes | Total | ||
| TOTAL DISBURSEMENTS AND TAX | ||||||
| TOTAL COSTS AND DISBURSEMENTS: | |
| TOTAL COSTS AND TAX from Part D + | |
| TOTAL DISBURSEMENTS AND TAX from Part E = | |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of assessing officer |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
LIST OF EXPENSES
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
This is the list of expenses of: ........................[name(s)]........................
| Description | Amount Claimed | Amount Allowed |
| TOTAL EXPENSES |
| Date: ................[dd/mmm/yyyy]................. | ............................................................................... Signature of assessing officer |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
CERTIFICATE OF COSTS OR EXPENSES
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I CERTIFY
[ ] by consent of the parties
[ ] following assessment
that on ........[dd/mmm/yyyy]........, the .......[costs/expenses]....... of ....................[party(ies)].................... have been allowed against ....................[party(ies)].................... in the amount of $............. .
Consented to:
[If this certificate is filed by consent, a signature line in the following form must be completed and signed by or for each consenting party.]
..............................................................................
Signature of [ ] party [ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
..............................................................................
Signature of [ ] party [ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Registrar |
[This certificate may be set out in a separate document or may be endorsed on the bill of costs or list of expenses.]
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Petitioner:
Respondent:
PETITION TO THE COURT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
ON NOTICE TO:
............................[name and address of each person to be served]............................
The address of the registry is:
The petitioner(s) estimate(s) that the hearing of the petition will take ...........[time estimate]........... .
This family law case is brought, for the relief set out in Part 1 below, by
[Check whichever one of the following boxes is correct and complete any required information.]
[ ] the person(s) named as petitioner(s) in the style of proceedings above
[ ] .........[name(s)]................. (the petitioner(s) )
If you intend to respond to this petition, you or your lawyer must
(a) file a response to petition in Form F74 of the Supreme Court Family Rules in the above-named registry of this court within the time for response to petition described below, and
(b) serve on the petitioner(s)
(i) 2 copies of the filed response to petition, and
(ii) 2 copies of each filed affidavit on which you intend to rely at the hearing.
Orders, including orders granting the relief claimed, may be made against you, without any further notice to you, if you fail to file the response to petition within the time for response.
Time for response to petition
A response to petition must be filed and served on the petitioner(s),
(a) if you were served with the petition anywhere in Canada, within 21 days after that service,
(b) if you were served with the petition anywhere in the United States of America, within 35 days after that service,
(c) if you were served with the petition anywhere else, within 49 days after that service, or
(d) if the time for response has been set by order of the court, within that time.
| (1) | The ADDRESS FOR SERVICE of the petitioner(s) is: ..........[Set out the street address of the address for service for each petitioner. One or both of a fax number and an e-mail address may be given as additional addresses for service.].......... Fax number address for service (if any) of the petitioner(s): E-mail address for service (if any) of the petitioner(s): |
| (2) | The name and office address of the petitioner's(s') lawyer is: |
Claim of the Petitioner(s)
Part 1: ORDER(S) SOUGHT
[Using numbered paragraphs, set out the order(s) that will be sought at the hearing of the petition and
indicate against which respondent(s) the order(s) is(are) sought.]
1
2
Part 2: FACTUAL BASIS
[Using numbered paragraphs, set out the material facts on which this petition is based.]
1
2
Part 3: LEGAL BASIS
[Using paragraphs numbered sequentially from Part 2 above, specify any rule or other enactment relied on and provide a brief summary of any other legal bases on which the petitioner(s) intend(s) to rely in support of the orders sought.]
3
4
Part 4: MATERIAL TO BE RELIED ON
[Using numbered paragraphs, list the affidavits served with the petition. Each affidavit included on the list
must be identified as follows: "Affidavit #..........[sequential number, if any, recorded in the top right hand
corner of the affidavit].......... of ..........[name].........., made ........[date]........".]
1
2
| Date: ................[date]................. | .................................................................................. Signature of [ ] petitioner [ ] lawyer for petitioner(s) |
...........................[type or print name].........................
| To be completed by the court only: Order made [ ] in the terms requested in paragraphs ...................... of Part 1 of this petition [ ] with the following variations and additional terms: .............................................................................................................. .............................................................................................................. .............................................................................................................. | |
| Date: .......[date]........ | .................................................... Signature of [ ] Judge [ ] Associate Judge |
| The following certificate must be completed by each party to a divorce claim. |
PARTY'S CERTIFICATE (Divorce Act (Canada), s. 7.6)
| [ ] | By checking this box, I, ................[name of party]................, certify that I am aware of my duties under sections 7.1 to 7.5 of the Divorce Act (Canada), which say: | |
| 7.1 | A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child. | |
| 7.2 | A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding. | |
| 7.3 | To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process. | |
| 7.4 | A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act. | |
| 7.5 | For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect. | |
| The following certificate must be completed for each party to a divorce claim who is represented by a legal adviser. |
LEGAL ADVISER'S CERTIFICATE (Divorce Act (Canada), s. 7.7 (3))
| [ ] | By checking this box, I, ................................, legal adviser for ................[name of party]................, certify that I have complied with section 7.7 of the Divorce Act (Canada), which says: | |||
| 7.7 | (1) Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse's behalf in a divorce proceeding | |||
| (a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and | ||||
| (b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation. | ||||
| (2) It is also the duty of every legal adviser who undertakes to act on a person's behalf in any proceeding under this Act | ||||
| (a) to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so; | ||||
| (b) to inform the person of the family justice services known to the legal adviser that might assist the person | ||||
| (i) in resolving the matters that may be the subject of an order under this Act, and | ||||
| (ii) in complying with any order or decision made under this Act; and | ||||
| (c) to inform the person of the parties' duties under this Act. | ||||
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Petitioner:
Respondent:
RESPONSE TO PETITION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: .........................[party(ies)]......................... (the "petition respondent(s)")
THIS IS A RESPONSE TO the petition filed ........[date]........ .
The petition respondent(s) estimate(s) that the application will take ........[time estimate]........ .
Part 1: ORDERS CONSENTED TO
The petition respondent(s) consent(s) to the granting of the orders set out in the following paragraphs of Part 1 of the petition: ........[set out paragraph numbers]........ .
Part 2: ORDERS OPPOSED
The petition respondent(s) oppose(s) the granting of the orders set out in paragraphs ........[list paragraph numbers]........ of Part 1 of the petition.
Part 3: ORDERS ON WHICH NO POSITION IS TAKEN
The petition respondent(s) take(s) no position on the granting of the orders set out in paragraphs ........[list paragraph numbers]........ of Part 1 of the petition.
Part 4: FACTUAL BASIS
[Using numbered paragraphs, set out a brief summary of the material facts on which the orders sought in
the petition should not be granted.]
1
2
Part 5: LEGAL BASIS
[Using paragraphs numbered sequentially from Part 4 above, specify any rule or other enactment relied on and provide a brief summary of any other legal bases on which the petition respondent(s) intend(s) to rely in opposing the orders sought in the petition. In addition, a written argument may be provided to the court in opposition to the petition.]
3
4
Part 6: MATERIAL TO BE RELIED ON
[Using numbered paragraphs, list the affidavits served with this response to petition and any other
affidavits and other documents already in the court file on which the petition respondent(s) will rely. Each
affidavit included on the list must be identified as follows: "Affidavit #..........[sequential number, if any,
recorded in the top right hand corner of the affidavit].......... of ..........[name].........., made ........
[date]........".]
1
2
| Date: ................[date]................. | .................................................................................. Signature of [ ] petition respondent [ ] lawyer for petition respondent(s) |
...........................[type or print name]..........................
Petition respondent's(s') address for service: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
Fax number address for service (if any):
E-mail address for service (if any):
Name of the petition respondent's(s') lawyer, if any:
| The following certificate must be completed by each party to a divorce claim. |
PARTY'S CERTIFICATE (Divorce Act (Canada), s. 7.6)
| [ ] | By checking this box, I, ................[name of party]................, certify that I am aware of my duties under sections 7.1 to 7.5 of the Divorce Act (Canada), which say: | |
| 7.1 | A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child. | |
| 7.2 | A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding. | |
| 7.3 | To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process. | |
| 7.4 | A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act. | |
| 7.5 | For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect. | |
| The following certificate must be completed for each party to a divorce claim who is represented by a legal adviser. |
LEGAL ADVISER'S CERTIFICATE (Divorce Act (Canada), s. 7.7 (3))
| [ ] | By checking this box, I, ................................, legal adviser for ................[name of party]................, certify that I have complied with section 7.7 of the Divorce Act (Canada), which says: | |||
| 7.7 | (1) Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse's behalf in a divorce proceeding | |||
| (a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and | ||||
| (b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation. | ||||
| (2) It is also the duty of every legal adviser who undertakes to act on a person's behalf in any proceeding under this Act | ||||
| (a) to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so; | ||||
| (b) to inform the person of the family justice services known to the legal adviser that might assist the person | ||||
| (i) in resolving the matters that may be the subject of an order under this Act, and | ||||
| (ii) in complying with any order or decision made under this Act; and | ||||
| (c) to inform the person of the parties' duties under this Act. | ||||
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Petitioner:
Respondent:
NOTICE OF HEARING
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ................[name(s) of petition respondent(s), if any]................
TAKE NOTICE that the petition of ................[party(ies)]........ dated ........[dd/mmm/yyyy]........ will be heard at the courthouse at ................[address]................ on ........[dd/mmm/yyyy]........ at ........[time of day]........ .
1 Date of hearing
[Check whichever one of the following boxes is correct.]
[ ] The parties have agreed as to the date of the hearing of the petition.
[ ] The parties have been unable to agree as to the date of the hearing but notice of the hearing will be given to the petition respondents in accordance with Rule 17-1 (8) (b) of the Supreme Court Family Rules.
[ ] The petition is unopposed, by consent or without notice.
2 Duration of hearing
[Check the correct box(es) and complete the required information.]
[ ] It has been agreed by the parties that the hearing will take ........[time estimate]........ .
[ ] The parties have been unable to agree as to how long the hearing will take and
(a) the time estimate of the petitioner(s) is ............. minutes, and
(b) [ ] the time estimate of the petition respondent(s) is ............. minutes.
[ ] the petition respondent(s) has(have) not given a time estimate.
3 Jurisdiction
[Check whichever one of the following boxes is correct.]
[ ] This matter is within the jurisdiction of an associate judge.
[ ] This matter is not within the jurisdiction of an associate judge.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] petitioner [ ] lawyer for petitioner(s) |
...........................[type or print name]..........................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF ORDER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ................[name and address of each person to be served]................
TAKE NOTICE of the order of ................ dated ........[dd/mmm/yyyy]........, a copy of which is attached.
You may apply to court within 28 days after service of this notice on you to discharge, vary or add to the order.
Alternatively, you may file a form entitled "Notice of Interest" in the above registry of this court and serve a copy of the "Notice of Interest" on each of the following parties at their respective addresses for service set out below, following which you are entitled to take part in the proceeding taken under the order.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] party serving this notice [ ] lawyer for party(ies) serving this notice |
...........................[type or print name]..........................
Name and address for service of each party serving this notice: [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.]
Fax number address for service (if any):
E-mail address for service (if any):
Form F77 (Rules 18-1 (22) and 18-3 (8) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF INTEREST
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
TAKE NOTICE that I have an interest in this family law case.
Name: ................................................................
Address for service: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
Fax number address for service (if any):
E-mail address for service (if any):
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing person [ ] lawyer for filing person(s) |
...........................[type or print name]..........................
Form F78 (Rule 18-2 (1) and (3) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
JURISDICTIONAL RESPONSE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
The respondent, ........................[name]........................,
[Check one or both of the following boxes as applicable.]
[ ] disputes that this court has jurisdiction over this respondent
[ ] submits that this court ought not to exercise its jurisdiction over this respondent
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] respondent [ ] lawyer for respondent |
...........................[type or print name]..........................
Respondent's address for service: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
Fax number address for service (if any):
E-mail address for service (if any):
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Appellant:
Respondent:
NOTICE OF APPEAL IF DIRECTIONS REQUIRED
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ................[name of person or body appealed from]................
And to: ................[name(s) of all other persons who may be affected by the order sought]................
WHEREAS on ........[dd/mmm/yyyy]........, ................[name of person or body from whose decision/direction/order appeal is brought]................ made the following [ ] decision [ ] direction [ ] order [add, if applicable, in ........[Action Number/File Number]........]: ................[state concisely the decision, direction or order]................;
AND WHEREAS an appeal lies to [ ] this court [ ] a judge of this court under ................[name and section of enactment allowing appeal]................;
TAKE NOTICE that ................[name(s) of appellant(s)]................ appeal(s) from the [ ] decision [ ] direction [ ] order on the following grounds: ................[concisely set out grounds of appeal]................;
AND TAKE NOTICE that on ........[dd/mmm/yyyy]........, at the courthouse at ................[address]................, an application will be made to the presiding judge at ........[time of day]........ for directions as to the conduct of the appeal [or as the case may be].
The appellant(s) estimate(s) that the hearing of the appeal will take ...........[time estimate]........... .
IF YOU INTEND to oppose the appeal, YOU MUST GIVE NOTICE of your intention by filing in the above registry of this court a form entitled Notice of Interest and YOU MUST ALSO SERVE a copy of the Notice of Interest on the appellant's(s') address for service set out in this Notice of Appeal.
YOU OR YOUR LAWYER may file the Notice of Interest. You may obtain a form of Notice of Interest at the registry.
Time for Notice of Interest
A Notice of Interest must be filed and served on the appellant(s),
(a) if you were served with the notice of appeal anywhere in Canada, within 7 days after that service,
(b) if you were served with the notice of appeal anywhere in the United States of America, within 14 days after that service,
(c) if you were served with the notice of appeal anywhere else, within 28 days after that service, or
(d) if the time for Notice of Interest has been set by order of the court, within that time.
The appellant's(s') address for service is: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
Fax number for service (if any):
E-mail address for service (if any):
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] appellant [ ] lawyer for appellant(s) |
...........................[type or print name]..........................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Appellant:
Respondent:
NOTICE OF APPEAL — STANDARD DIRECTIONS
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ........[name of person or body appealed from]........
And to : ........[name(s) of all other persons who may be affected by the order sought]........
WHEREAS on ........[dd/mmm/yyyy]........, ................[name(s) of person or body from whose decision/direction/order appeal is brought]................ made the following [ ] decision [ ] direction [ ] order [add, if applicable, in ........[Action Number/File Number]........]: ........[state concisely the decision, direction, or order]........;
AND WHEREAS an appeal lies to [ ] this court [ ] a judge of this court under ...................[name and section of enactment allowing appeal]....................;
TAKE NOTICE that ....................[name(s) of appellant(s)].................... appeal(s) from the [ ] decision [ ] direction [ ] order on the following grounds: ................[concisely set out grounds of appeal]................ .
ATTACHED is the standard set of directions, in the form directed by the Chief Justice of the Supreme Court of British Columbia, governing the conduct of the appeal.
The appellant(s) estimate(s) that the hearing of the appeal will take ...........[time estimate]........... .
IF YOU INTEND to oppose the appeal, YOU MUST GIVE NOTICE of your intention by filing in the above registry of this court a form entitled Notice of Interest and YOU MUST ALSO SERVE a copy of the Notice of Interest on the appellant's(s') address for service set out in this Notice of Appeal.
YOU OR YOUR LAWYER may file the Notice of Interest. You may obtain a form of Notice of Interest at the registry.
Time for Notice of Interest
A Notice of Interest must be filed and served on the appellant(s),
(a) if you were served with the notice of appeal anywhere in Canada, within 7 days after that service,
(b) if you were served with the notice of appeal anywhere in the United States of America, within 14 days after that service,
(c) if you were served with the notice of appeal anywhere else, within 28 days after that service, or
(d) if the time for Notice of Interest has been set by order of the court, within that time.
The appellant's(s') address for service is: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
Fax number address for service (if any):
E-mail address for service (if any):
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] appellant [ ] lawyer for appellant(s) |
...........................[type or print name]..........................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Appellant:
Respondent:
NOTICE OF HEARING OF APPEAL
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
TAKE NOTICE that this appeal will be heard at ........[time of day]........ on ........[dd/mmm/yyyy]........, at ........................[address]........................ .
...........................................................................
Registrar
Time estimate: ........................
..................................................................................
Signature of [ ] appellant [ ] lawyer for appellant(s)
...........................[type or print name]..........................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Appellant:
Respondent:
NOTICE OF ABANDONMENT OF APPEAL
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
TAKE NOTICE that the appellant, ...........[name]............., abandons this appeal.
[Check the correct box and complete any required information.]
[ ] This appeal has not yet been set for hearing.
[ ] The date scheduled for the hearing of this appeal is ........[dd/mmm/yyyy]........ .
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] appellant [ ] lawyer for appellant(s) |
...........................[type or print name]..........................
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ORDER TO REGISTER FOREIGN JUDGMENT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| THE HONOURABLE JUSTICE | | ||
| BEFORE | | or | | .....[dd/mmm/yyyy]..... |
| ASSOCIATE JUDGE | |
ON THE APPLICATION of ................[party(ies)]................ coming on before me on ........[dd/mmm/yyyy]........ and on hearing ................[name of party/lawyer]................ and ................[name of party/lawyer]................;
THIS COURT ORDERS that the judgment dated ........[dd/mmm/yyyy]........ of ................[name of court]................, by which it was adjudged that ........[name and address of judgment creditor]........ recover from ................[judgment debtor]................ the sum of $................ for debt [or as the case may be] and [ ] costs to be assessed [ ] $................ for costs, be registered in this court.
By the Court.
..................................................................................
Registrar
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
AFFIDAVIT OF ATTAINMENT OF MAJORITY
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, ................[name]................, of ................[address]................, ........[occupation]........, SWEAR (OR AFFIRM) THAT:
1 I attained the age of majority on ........[dd/mmm/yyyy]........ .
2 I am under no other legal disability.
3 I intend to act in this family law case without a litigation guardian.
| 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]....
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ORDER TO WAIVE FEES
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]
| THE HONOURABLE JUSTICE | | ||
| BEFORE | | or | | .....[dd/mmm/yyyy]..... |
| ASSOCIATE JUDGE | |
ON THE APPLICATION of ................[name]................ [add the following if applicable: coming on before me on ........[dd/mmm/yyyy]........ and on hearing ................[name of party/lawyer]................ and ................[name of party/lawyer]................];
[Select whichever one of the 4 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]
THIS COURT ORDERS that no fee is payable by ................[name of person]................ to the government under Schedule 1 of Appendix C of the Supreme Court Family Rules in relation to this family law case [add the following if applicable: subject to the following: ................[set out any conditions on this order]................] .
THIS COURT ORDERS that no fee is payable by ................[name of person]................ to the government under Schedule 1 of Appendix C of the Supreme Court Family Rules in relation to the following part(s) of this family law case: ................[describe part(s)]................ [add the following if applicable: subject to the following: ................[set out any conditions on this order]................] .
THIS COURT ORDERS that no fee is payable by ................[name of person]................ to the government under Schedule 1 of Appendix C of the Supreme Court Family Rules in relation to this family law case during the following period(s): ................[describe period(s)]................ [add the following if applicable: subject to the following: ................[set out any conditions on this order]................] .
THIS COURT ORDERS that no fee is payable by ................[name of person]................ to the government under Schedule 1 of Appendix C of the Supreme Court Family Rules in relation to the following steps in this family law case: ................[describe step(s)]................ [add the following if applicable: subject to the following: ................[set out any conditions on this order]................] .
By the Court.
..................................................................................
Registrar
This is the ......[1st/2nd/3rd/etc.]...... affidavit
of ..............[name].............. in this case
and was made on .........[dd/mmm/yyyy].........
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
AFFIDAVIT IN SUPPORT OF ORDER TO WAIVE FEES
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:
1 I am the ................[party]................ in this family law case.
2 I make this affidavit in support of my application for an order that I be declared impoverished with respect to the payment of fees set out in Schedule 1 of Appendix C of the Supreme Court Family Rules.
3 I am ................ years old.
4 I have the following dependants: [List all the dependants in the household.]
........................................................................................................................................................
........................................................................................................................................................
........................................................................................................................................................
5 The following persons contribute to my household expenses: [List all in the household who contribute to expenses.]
...................................................................................................................................................... .
6 I am [ ] employed [ ] unemployed.
7 Attached as Exhibit A is [Check whichever one of the following boxes is correct and attach the required exhibit.]
[ ] a financial statement that accurately sets out the monthly income, expenses and assets of my household.
[ ] proof that I receive benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act.
8 Attached as Exhibit B is an accurate description of my educational and employment history.
9 Attached as Exhibit C is an accurate description of my workplace skills.
10 Attached as Exhibit D is a copy of the document I wish to file or with which I wish to proceed.
| 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]....
This is Exhibit A referred to in the affidavit of
........................................, sworn (or affirmed)
before me on ...............[dd/mmm/yyyy]..............
.........................................................................
A commissioner for taking affidavits for
British Columbia
FINANCIAL STATEMENT
ESTIMATED NET MONTHLY INCOME
[Attach proof — i.e. most recent pay stubs or payment advice, etc., if available.]
| Estimated net monthly income from all sources: | |
| Employment | $.................... |
| Pension | $.................... |
| Dividends | $.................... |
| Interest | $.................... |
| Other | $.................... |
| TOTAL (Estimated net monthly income) | $.................... |
ESTIMATED MONTHLY EXPENSES
[Attach receipts for the following, if available.]
| Estimated monthly expenses related to housing | $.................... |
| Estimated monthly expenses related to transportation | $.................... |
| Estimated monthly expenses related to household expenses | $.................... |
| Estimated monthly expenses related to medical and dental expenses | $.................... |
| Estimated monthly expenses, not included in above, related to dependent children | $.................... |
| Estimated monthly debt payments [specify]............................................................... | $.................... |
| Estimate of other monthly expenses [specify]............................................................... | $.................... |
| TOTAL (Estimated monthly expenses) | $.................... |
ASSETS
[Specify assets and set out their estimated value.]
| ........................................................................................................................... | $.................... |
| ........................................................................................................................... | $.................... |
| ........................................................................................................................... | $.................... |
| ........................................................................................................................... | $.................... |
| ........................................................................................................................... | $.................... |
| TOTAL (Estimated asset values) | $.................... |
This is Exhibit B referred to in the affidavit of
........................................, sworn (or affirmed)
before me on ...............[dd/mmm/yyyy]..............
.........................................................................
A commissioner for taking affidavits for
British Columbia
EDUCATIONAL AND EMPLOYMENT HISTORY
[Set out details of education and employment history.]
| 1 Highest level of education attained and date completed: | ||
| ................................................................................................................................................................. | ||
| ................................................................................................................................................................. | ||
| ................................................................................................................................................................. | ||
| 2 Employment history: | ||
| Employer | Dates | Position |
| ......................................................... | .......................................... | ........................................................... |
| ......................................................... | .......................................... | ........................................................... |
| ......................................................... | .......................................... | ........................................................... |
This is Exhibit C referred to in the affidavit of
........................................, sworn (or affirmed)
before me on ...............[dd/mmm/yyyy]..............
.........................................................................
A commissioner for taking affidavits for
British Columbia
WORKPLACE SKILLS
[specify]
| ................................................................................................................................................................. | ||
| ................................................................................................................................................................. | ||
| ................................................................................................................................................................. |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF APPOINTMENT OR CHANGE OF LAWYER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
TAKE NOTICE that ................[name of new lawyer]................ has been appointed to act as the lawyer for ................[party(ies)]................ in place of ........[name of former lawyer, or, if the party was previously acting personally, omit reference to previous lawyer]........ .
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. | |
| Signature of new lawyer | ||
Party's address for service: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
Fax number address for service (if any):
E-mail address for service (if any):
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF INTENTION TO ACT IN PERSON
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
TAKE NOTICE that I now intend to act personally in this proceeding in place of ................[name of lawyer]................ .
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. | |
| Signature of party | ||
| ...........................[type or print name].......................... | ||
My address for service is: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
Fax number address for service (if any):
E-mail address for service (if any):
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF INTENTION TO WITHDRAW AS LAWYER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
TAKE NOTICE that ................[name of lawyer]................ intends to withdraw as lawyer of record for ................[name of party]................ in this family law case.
Notice to the client and to all parties
If you object to the lawyer withdrawing from this family law case you may, within 7 days after service of this notice, file in the registry and serve on the lawyer an objection in Form F90.
Notice to the client
If you do not object to the lawyer withdrawing from the family law case, then you may file in the registry and serve on the other parties a notice of change of lawyer in Form F87, or a notice of intention to act in person in Form F88.
If you fail either to object or to file a notice in Form F87 or Form F88, service of all further documents on you may be made by other parties to the family law case by mail to your last known address which is ........[set out last known address of the client]........ .
Lawyer's address for service: [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
Fax number address for service (if any):
E-mail address for service (if any):
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. |
| Signature of lawyer intending to withdraw |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
OBJECTION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
........................[party(ies)]........................ object(s) to ................[name of the lawyer]................ withdrawing from this family law case.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. | |
| Signature of [ ] objecting party [ ] lawyer for objecting party(ies) | ||
| ...........................[type or print name].......................... | ||
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF WITHDRAWAL OF LAWYER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
TAKE NOTICE that ................[name of lawyer]................ has ceased to be the lawyer acting for ........................[party(ies)]................ and that for purposes of Rule 6-2 (7) of the Supreme Court Family Rules the last known address of ........................[party(ies)]................ is ........[set out last known address of each party for whom the lawyer has ceased to act]........ .
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. | |
| Signature of lawyer | ||
Form F92 (Rule 21-7 (5) and (7) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
WARRANT — CONTEMPT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To any Peace Officer
WHEREAS this court is of the opinion that ................[name and address of person or corporation]................ may be guilty of contempt of court;
YOU are hereby ordered to apprehend ................[name and address of person or director, officer, or employee of corporation]................ and promptly bring that person before a judge of the Supreme Court, and, after that, to deal with that person as directed.
| Date: ................................. | .................................................................................. | |
| Signature of a Judge of the Supreme Court of British Columbia | ||
| ...........................[type or print name].......................... | ||
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
UNDERTAKING
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, ................[name]................, of ................[address]................, understand that I have been apprehended and placed in custody on an allegation that I have failed to obey the attached order of the Supreme Court, dated ........[dd/mmm/yyyy]........ .
To be released from custody, I give the following undertaking to the court:
(a) I promise that I will attend before a judge of the Supreme Court on ........[dd/mmm/yyyy]........ at ........[time of day]........ at ................[location]................ and will attend at the other times required by the court to be dealt with according to law,
(b) I promise that I will strictly comply with the terms of the attached order and will otherwise keep the peace, and
(c) I promise that [add conditions here].
[OR]
(c) I promise that I will obey the attached conditions.
I understand that if I breach any of the promises made in this undertaking I may be arrested and brought before the court to be imprisoned or otherwise dealt with according to the law.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. | |
| Signature of person being released | ||
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
RELEASE ORDER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
BEFORE THE HONOURABLE JUSTICE ....[dd/mmm/yyyy]....
ON THE APPLICATION of ........................[name]........................ who has been apprehended on an allegation that ....[he/she].... violated an order of the Supreme Court dated ........[dd/mmm/yyyy]........;
THIS COURT ORDERS that ........................................................ be released from custody on ....[his/her].... undertaking made and dated ........[dd/mmm/yyyy]........, a copy of which undertaking is attached to this order.
| By the Court. | |
| .................................................................................. | |
| Registrar |
[Style of Proceeding]
REQUISITION — LEAVE (VEXATIOUS LITIGANT)
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: .........................[requesting person(s)].........................
Required:
| 1. | Leave to file the attached documents. | |||
| The reasons why the Court should grant leave to file these documents are: | ||||
| ........................................................................................................................... | ||||
| ........................................................................................................................... | ||||
| ........................................................................................................................... | ||||
| 2. | [ ] The requesting person is not under a legal disability | |||
| [ ] The requesting person is under a legal disability, namely | ||||
| ........................................................................................................................... | ||||
| ........................................................................................................................... | ||||
| 3. | [ ] A copy of the order that requires the requesting person to seek leave of the court to file the attached documents is attached to this requisition | |||
| Contact information of requesting person: | ||||
| [address and phone number of requesting person] | ||||
| ........................................................................................................................... | ||||
| ........................................................................................................................... | ||||
| Date: ......................................... | .............................................................................. Signature of person requesting leave ........................[type or print name]........................ |
To be completed by the court only: [ ] Request granted [ ] Request denied [ ] Hearing required without notice to intended respondent(s) [ ] Hearing required on notice to intended respondent(s) (directions for service if any) ..................................................... Signature of Judge or Associate Judge ..................................................... Name of Judge/Associate Judge (please print) Date: ............................................. |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ELECTRONIC FILING STATEMENT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
[Check whichever one of the following boxes is correct and complete the required information.]
[ ] I, ...............[name]................, am the lawyer acting for the ................[party(ies)]................ ................[name(s) of party(ies)]................ .
[ ] I, ................[name]................, am the ................[party]................ and I 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.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. | |
| Signature of [ ] party [ ] lawyer for party(ies) | ||
| ...........................[type or print name].......................... | ||
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
DECLARATION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Re Application for Payment out of Infant's Funds
I, ................[current name in full]................, of ................[address]................, DO SOLEMNLY DECLARE:
| 1 | that I am the person for whom funds are held in court and I am the person named in the order of ................................ made on ........[dd/mmm/yyyy]........ |
| 2 | that I attained the full age of 19 years on ........[dd/mmm/yyyy]........ and submitted with this declaration is a copy of my birth certificate [or] my birth certificate for examination by the registry |
| 3 | that I am entitled to payment of the funds |
| [If the applicant's name has changed since the date of the order referred to in paragraph 1 of this declaration, check the following and provide the required proof.] | |
| 4 | [ ] that my name has been changed from that shown on the original court order. Proof is attached |
I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.
| DECLARED BEFORE ME at | ) | ||
| ...................................., British Columbia | ) | ||
| on ..............[dd/mmm/yyyy].............. . | ) | ........................................................................ | |
| ) | |||
| ...................................................................................... | ) | ||
| A commissioner for taking | ) | ||
| affidavits for British Columbia | ) | ||
| .....[print name or affix stamp of commissioner]..... |
If cheque is to be mailed to other than above address, state here: ..........................................................................
Authorization for Payment Out
[to be completed by the registry]
Original name [if changed]: ...................................................................
Registry: ......................................................... Proceeding No.: ...............................................
Date paid into court: ......................[dd/mmm/yyyy]........................ Treasury No.: ..............................................
Amount (including accrued interest): $..................................................
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. | |
| Registrar | ||
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF APPEAL FROM ASSOCIATE JUDGE, REGISTRAR OR SPECIAL REFEREE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
WHEREAS on ........[dd/mmm/yyyy]........ ........[name of associate judge, registrar or special referee]........ made the following [ ] decision [ ] order: ........................[state concisely the decision or order]........................;
TAKE NOTICE that ........[party(ies)]........ appeal(s) from that [ ] decision [ ] order on the following grounds: ..........[set out concisely the grounds of appeal]..........;
This appeal will be heard at ........[time of day]........ on ........[dd/mmm/yyyy]........ at the courthouse at ................................ by the presiding judge.
The appellant(s) estimate(s) that the hearing of the appeal will take ...........[time estimate]........... .
| Date: ................[dd/mmm/yyyy]................. | ............................................................................... | |
| Signature of | ||
| [ ] appellant [ ] lawyer for appellant(s) | ||
| ........................[type or print name]........................ |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Appellant:
Respondent:
APPELLANT'S STATEMENT OF ARGUMENT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
[Not to exceed 10 pages]
Part 1: STATEMENT OF FACTS
The facts of this case are as follows:
[Using numbered paragraphs, set out a concise statement of the material facts giving rise to the appellant's statement of argument.]
1
2
Part 2: ISSUES ON APPEAL
The appellant agrees with the order appealed from except as follows:
[Using paragraphs numbered sequentially from Part 1 above, set out a concise statement of the legal bases from the decision or order that give rise to the appellant's appeal.]
3
4
Part 3: STANDARD OF REVIEW
[Using paragraphs numbered sequentially from Part 2 above, this part must set out the standard of review that the appellant says governs the appeal.]
5
Part 4: ARGUMENT
The decision or order appealed from is opposed because:
[Using paragraphs numbered sequentially from Part 3 above, set out a concise statement of the appellant's argument in opposition to the decision or order.]
6
7
Part 5: ORDER SOUGHT
[This part must set out the order sought by the appellant.]
| Date: ................[date]................. | .............................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) ........................[type or print name]........................ |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Appellant:
Respondent:
RESPONDENT'S STATEMENT OF ARGUMENT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
[Not to exceed 10 pages]
Part 1: STATEMENT OF FACTS
The respondent's position on the appellant's statement of facts is as follows:
[Using numbered paragraphs, set out a concise statement of the opposed material facts in the appellant's statement of argument and a concise statement of any other relevant facts to be considered.]
1
2
Part 2: ISSUES ON APPEAL
The respondent's position on the appellant's statement of issues on appeal is as follows:
[Using paragraphs numbered sequentially from Part 1 above, set out a concise statement of the opposed legal bases in the decision or order.]
3
4
Part 3: STANDARD OF REVIEW
[Using paragraphs numbered sequentially from Part 2 above, this part must set out the standard of review that the respondent says governs the appeal.]
5
Part 4: ARGUMENT
The appellant's argument is opposed because:
[Using paragraphs numbered sequentially from Part 3 above, set out a concise statement of the respondent's argument in opposition to the decision or order sought by the appellant.]
6
7
Part 5: ORDER SOUGHT
[This part must set out the order sought by the respondent.]
| Date: ................[date]................. | .............................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) ........................[type or print name]........................ |
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
DEMAND
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ........................[party]........................
YOU ARE HEREBY REQUIRED to amend the ........[specify document to be amended — e.g. notice of family claim, response to family claim, etc.]........ in accordance with Rule 23-1 (11) of the Supreme Court Family Rules.
| Date: ................[dd/mmm/yyyy]................. | ................................................................................. | |
| Signature of [ ] party making demand [ ] lawyer for party(ies) making demand | ||
| ...........................[type or print name].......................... | ||
Rule 23-1 (11) of the Supreme Court Family Rules states:
Demand for amendment
| (11) | Subject to subrule (14) of this rule, a party to a family law case referred to in this rule may, by demand in Form F99, demand that a document that is deemed under this rule to be a notice of family claim, response to family claim, counterclaim, response to counterclaim, petition or response to petition be amended by the party who filed it to make it accord with these Supreme Court Family Rules. |
Form F100 (Appendix C, Schedule 1, Section 2 (2) )
CERTIFICATE OF MEDIATION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, .................[name of mediator].................., certify that I am a qualified mediator within the meaning of Schedule 1 of Appendix C of the Supreme Court Family Rules and that
[ ] I conducted a mediation session in which the following persons participated: .............................[if a participant in the mediation attended in a representative capacity, indicate that and identify the person(s) on whose behalf the representative participated]........................... and
[ ] the parties to the mediation were unable to resolve all of the issues at the mediation session and I terminated the mediation.
[OR]
[ ] the parties to the mediation were able to resolve all of the issues at the mediation session and are now seeking an order from the court.
[OR]
[ ] I determined that mediation was not appropriate between ........................... and ........................... and therefore did not conduct a mediation session.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. | |
| Signature of mediator | ||
| ................................[type or print name, address and phone number of mediator]............................... | ||
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
AFFIDAVIT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, ................[name]................, of ................[address]................, ........[occupation]........, SWEAR (OR AFFIRM) THAT:
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 is/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 section 1 of this affidavit is as follows:
| Name of child | Nature of relationship [specify if parent, step-parent, grandparent, parent's sibling, family friend, etc.] | Length of relationship |
4 The current living arrangements applicable to the child(ren) referred to in section 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 section 1 of this affidavit as follows: .......[set out detailed plans for how the child(ren) is/are to be cared for]....................................... .
[Select whichever one of the 2 immediately following section 6's is correct, provide any required information and remove the section 6 that has not been selected so that it does not appear in the form when the form is filed.]
6 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 section 1 of this affidavit.
6 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 section 1 of this affidavit: ...........................[describe the incidents of family violence of which you are aware]......................... .
[Select whichever one of the 2 immediately following section 7's is correct, provide any required information and remove the section 7 that has not been selected so that it does not appear in the form when the form is filed.]
7 I am not a parent, step-parent or guardian of any children except that child/those children referred to in section 1 of this affidavit.
7 I am the parent, step-parent or guardian of the following child(ren) who is/are not referred to in section 1 of this affidavit:
| Full name of child | Birth date of child | Nature of relationship to child [specify whether parent, step-parent or guardian] |
[Select whichever one of the 2 immediately following section 8's is correct, provide any required information and remove the section 8 that has not been selected so that it does not appear in the form when the form is filed.]
8 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.
8 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 ....[A, B, etc.].... to this affidavit.
(b) the order dated ......[dd/mmm/yyyy]...... referred to in ....[Item 1, 2, etc.].... above is attached as Exhibit ....[A, B, etc.].... to this affidavit.
9 Attached to this affidavit and marked as Exhibit ....[A, B, etc.].... is a copy of a British Columbia Ministry of Children and Family Development records check dated .......[dd/mmm/yyyy]....... .
[Note that under Rule 15-2.1, this records check must be dated within 60 days of the date of the hearing or, if there is to be no hearing, within 60 days of the date on which this affidavit is filed.]
10 Attached to this affidavit and marked as Exhibit ....[A, B etc.].... is a copy of a Protection Order Registry protection order records check dated ....[dd/mmm/yyyy].... . [Note that under Rule 15-2.1, this records check must be dated within 60 days of the date of the hearing or, if there is to be no hearing, within 60 days of the date on which this affidavit is filed.]
11 Attached to this affidavit and marked as Exhibit ....[A, B etc.].... 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 15-2.1, this records check must be dated within 60 days of the date of the hearing or, if there is to be no hearing, within 60 days of the date on which this affidavit is filed.]
[Select whichever one of the 2 immediately following section 12's is correct, provide any required information and remove the section 12 that has not been selected so that it does not appear in the form when the form is filed.]
12 There are no criminal offences, other than those, if any, specified in the criminal records check referred to in section 11 of this affidavit, of which I have been convicted and not pardoned.
12 In addition to the convictions, if any, specified in the criminal records check referred to in section 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].......................... .
[Select whichever one of the 2 immediately following section 13's is correct, provide any required information and remove the section 13 that has not been selected so that it does not appear in the form when the form is filed.]
13 I am not currently charged with any criminal offences.
13 I am currently charged with criminal offences: The particulars of each charge are set out below:
| Name 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]....
Form F102 (Rule 15-2.2 (1) and (2) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
STATEMENT OF INFORMATION FOR
COROLLARY RELIEF PROCEEDINGS
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: .........................[party(ies)].........................
| 1 Civil Protection Orders or Proceedings |
| [A civil protection order is any order made against a person for the purposes of protecting another person's safety] | ||
| A civil protection order may restrict or restrain a person from doing certain things, such as • contacting another person, • being a certain distance from another person or a specific place, • harassing or threatening another person, or • living in the family home | ||
| YES | NO | |
| Are you aware of any active protection order about you, or any other people involved in this family law case? | [ ] | [ ] |
| Are you or others involved in this family law case also involved in any protection order matter? | [ ] | [ ] |
| If you answered yes, provide more detail: | ||
| 2 Child Protection Orders or Proceedings |
| [Child protection services ("child welfare") protect children from harm. Child protection services might use a supervision or custody order to protect children from harm. Child protection services may exist under a different name in another province.] | ||
| YES | NO | |
| Are you or others involved in this family law case also involved with child protection services? | [ ] | [ ] |
| If you answered yes, provide more detail: | ||
| 3 Criminal Proceedings |
| [Criminal offences are offences under the Criminal Code and other federal laws, including the Controlled Drugs and Substances Act (Canada). Criminal offences or matters do not include bylaw offences, traffic tickets, or consumer issues.] | ||
| YES | NO | |
| Are you or others involved in this family law case facing a criminal charge? | [ ] | [ ] |
| Are you or others involved in this family law case required to follow a court order because of a criminal matter? (Such as release / bail order, probation order, peace bond / recognizance, parole order, warrant, or required to follow conditions) | [ ] | [ ] |
| Are you or others involved in this family law case required to follow demands because of a criminal matter? (Such as a promise to appear or a summons) | [ ] | [ ] |
| Are you or others involved in this family law case in prison? | [ ] | [ ] |
| If you answered yes, provide more detail: | ||
| Date: ................[dd/mmm/yyyy]................. | .................................................................................... Signature of [ ] filing party [ ] lawyer for filing party(ies) ..........................[type or print name].......................... |
Contents | Parts 1 to 9 | Parts 10 to 14 | Parts 15 to 23 | Appendix A | Appendix B | Appendix C
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