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BC also has some new resources to help families through separation.Procedure The procedures for making applications under the statutes mentioned earlier are set out in the Provincial Court (Family) Rules, the Provincial Court (Child, Family and Community Service Act) Rules, and the Provincial Court (Adult Guardianship) Rules.
For more information on Support Persons see this e News article and poster.
Without Notice applications Fairness requires that both parties have a chance to be heard, so it is unusual for a judge to grant an order without having heard both sides.
For more information and tips on preparing for a hearing (also called a trial) see: What can I expect at a family court trial or hearing?
How to prepare for a family court trial Guide to preparing for a family court trial in Provincial Court How to prepare financial documents for Family Court Find links to more information, help with court procedures, and ways to get legal advice at Resources for Family Court.
This website provides general information only and should not be used as a substitute for legal advice.
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Thank you for taking the time to send us your questions and comments.Usually, someone seeking a court order must deliver a copy of their application and other documents to the other party before any court appearance is set.Applications should only be made without giving the other party the required notice if there are special circumstances like an emergency where the interests of justice or the protection of the person asking for the order (or a child) clearly demand an immediate court order.The Family Law Act emphasizes ways to help families agree on parenting and support plans through parenting education, involvement of Family Justice Counsellors, and mediation by judges and other professionals.Before there is a hearing on any family application, the parties may attend a family case conference in which they sit around a table with a judge in a conference room to discuss their parenting plan, determine whether they can settle the dispute, and identify any issues that require a full hearing.Parenting After Separation and Family Justice Counsellor Under the Provincial Court (Family) Rules, in some locations people must attend a Parenting After Separation information session and/or meet with a Family Justice Counsellor who will assist them in resolving all or part of their dispute before they can appear in court.Attending a Parenting After Separation programme in your community or using the online programme offered in English, Punjabi and Mandarin is recommended, even if it is not compulsory in your area, because the course offers valuable information on helping children adjust to their parents’ separation.Many people make big mistakes in their family law case that they could have avoided, but you can stop that by letting them know about this page.the attention being paid to the United States Supreme Court nomination battle, one could be forgiven for overlooking the fact that our very own Supreme Court of Canada started a new term this month.See Resources for Family Cases for information and resources on Provincial Court family matters.Two Trial Courts People seeking court orders for guardianship of children, parenting arrangements, and child and spousal maintenance under the Family Law Act may go to either the Provincial Court or the Supreme Court of British Columbia, since the courts have “concurrent jurisdiction” in those matters.