How do I serve family court documents on my spouse in British Columbia?
This answer covers the law of British Columbia.
In the British Columbia Supreme Court, a notice of family claim must be served by personal service unless the court orders otherwise. Other documents may be served by ordinary service, including mail, fax and e-mail.
You prove personal service by filing an affidavit of personal service in Form F15. Each party must have an address for service, and Rule 6-2 sets when ordinary service is deemed complete. Once served, the respondent has 30 days to file a response in Form F4. A person who is served with a notice of family claim and files no response is not entitled to notice of later court appearances, hearings, conferences or trial. The original notice of family claim does not stay in force for more than 12 months unless renewed.
The Provincial Court works differently. The applicant must ensure personal service by an adult who is not a party, who leaves the documents with the person, and that adult completes a certificate of service in Form 7. In the Supreme Court, a named respondent may be served by personal service or a court-allowed alternative. How to ask for that depends on your situation, so speak with a lawyer.
Key takeaways
- A Supreme Court notice of family claim must be served by personal service unless the court orders otherwise.
- Personal service is proved by filing an affidavit of personal service in Form F15.
- Other Supreme Court documents may be served by ordinary service, including mail, fax and e-mail, and each party must have an address for service.
- In the Provincial Court, an adult who is not a party must personally serve the application and complete a certificate of service in Form 7.