Counterclaim in BC Family Court: When and How to File

If someone has started a family case against you in the Supreme Court of British Columbia, you generally need to file a response to family claim in Form F4 and serve it within 30 days after being served, or you lose the right to notice of later court appearances, hearings, conferences or trial. If you want orders of your own, such as support or parenting arrangements, you may be able to make your own claim in the same case.

That is what a counterclaim is. This article explains how it sits alongside a response, the forms and deadlines, and the related disclosure and fee points.

This article covers the law of British Columbia.

What a counterclaim is

A case in the Supreme Court starts when the claimant files a notice of family claim in Form F3 and serves each named respondent. A response tells the court and the other side how you answer that claim. A counterclaim goes further, because it asks the court for orders that you want.

Forms and deadlines

The response must be served on the claimant and other named respondents. The 30-day financial disclosure period is 60 days if the party lives outside Canada and the U.S.. How a counterclaim itself must be served is worth confirming with a lawyer.

If you file no response, you are not entitled to notice of later court appearances, hearings, conferences or trial. That is a serious consequence, so do not let the deadline pass.

How service works for the other documents

A notice of family claim must be served by personal service unless the court orders otherwise, and personal service is proved by an affidavit of personal service in Form F15. Other documents may be served by ordinary service, including mail, fax and e-mail, and each party must have an address for service.

Disclosure, fees and the next steps in the case

What you must disclose depends on what is claimed. Form F8 Part 1 and income documents are required when child support income information is required. Parts 1, 2 and 3 plus income documents are required when spousal support is sought, changed or ended, and Part 3 is required for each party in a property division claim. The income documents include personal tax returns and notices of assessment for the 3 most recent years.

The filing fee for a notice of family claim is $200. A person filing a notice of family claim or response need not pay the filing fee if they provide a Form F100 certificate of mediation from a qualified mediator, and mediated with the other side or the mediator found mediation inappropriate. Fees can change, so check the current schedule.

Unless a judicial case conference has been held, a party must not serve a notice of application or supporting affidavit. At that conference the court may identify issues, make consent orders and set timelines for documents.

A note on the Provincial Court, and what to do next

This article is about the Supreme Court. In the Provincial Court, a respondent must file a reply within 30 days after being served with the application. A reply to a child or spousal support application also requires a Form 4 financial statement.

• Note the date you were served and count 30 days from it.
• Decide which orders you want, then discuss with a lawyer whether to counterclaim.
• Prepare your Form F4 response and, if needed, Form F5 counterclaim.
• Gather tax returns, notices of assessment and other income documents.
• Confirm how to serve each document and set an address for service.

Frequently asked questions