What Is a Notice of Family Claim in BC and How Do I Fill One Out?
This answer covers the law of British Columbia.
A notice of family claim is the document that starts a family case in the BC Supreme Court. You file it in Form F3, then serve each named respondent by personal service or a method the court allows.
Which orders you claim depends on your situation. Property and debt division between spouses goes to the Supreme Court, and spouses generally have a two-year limit to seek property or debt division, pension division or spousal support. When a court or the parties decide guardianship, parenting arrangements or contact, they must consider only the best interests of the child. Gather your documents, including income records, before you begin.
Filing a notice of family claim costs $200, but you need not pay that fee if you provide a Form F100 certificate of mediation from a qualified mediator and you mediated with the other side, or the mediator found mediation inappropriate. The original notice does not stay in force for more than 12 months unless renewed. The respondent has 30 days after being served to file a response. A respondent who files no response is not entitled to notice of later court appearances, hearings, conferences or trial.
Key takeaways
- You start a Supreme Court family case by filing a notice of family claim in Form F3.
- A notice of family claim must be served by personal service unless the court orders otherwise, and service is proved by an affidavit of personal service in Form F15.
- The respondent has 30 days after service to file a response in Form F4, and a counterclaim is filed in Form F5 within 30 days after service of the notice of family claim.
- Financial disclosure documents must be filed and served within 30 days after service of the claim, or within 60 days if the party lives outside Canada and the U.S..