What Is a Notice of Family Claim in BC Supreme Court?

A Notice of Family Claim is the document that starts a family case in the Supreme Court of British Columbia. You may be the person who needs to file one, or you may have just been handed one by someone else.

This article explains what the document is, how it is filed and served, the money and disclosure that follow, and what happens next. Every family situation is different, so a lawyer can confirm how this applies to yours.

This article covers the law of British Columbia.

What a notice of family claim is

In the Supreme Court, a family case starts by filing a notice of family claim in Form F3. The claimant then serves each named respondent. The Supreme Court has jurisdiction over all matters under the Family Law Act, subject to the federal Divorce Act.

In plain terms, the document sets out the orders the claimant is asking for, such as parenting arrangements, support or division of property and debt. Spouses generally have a two-year limit to seek property or debt division, pension division or spousal support, measured from divorce judgment, nullity order or separation depending on the relationship.

If the claim involves children, the court considers only the best interests of the child, including health and emotional well-being, views, relationships, history of care, stability and the effect of family violence.

The Supreme Court is not the only court that hears family matters. Property and debt division between spouses goes to the Supreme Court, because the Provincial Court cannot make orders under Part 5 of the Family Law Act, except respecting a companion animal. A Provincial Court case outside early resolution registries starts instead with an Application about a Family Law Matter in Form 3.

Filing, fees and service

Filing a notice of family claim costs $200. The fee need not be paid 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.

A 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. The original notice does not stay in force for more than 12 months unless renewed.

Other Supreme Court fees may come later. A notice of application is $80 and a notice of trial is $200. The first 3 trial days have no fee, the 4th to 10th days are $500 per day, and each day over 10 is $800 per day. Fees can be amended, so confirm the current amounts before you file.

Financial disclosure that follows

Financial disclosure documents must be filed and served within 30 days after service of the claim, or 60 days if the party lives outside Canada and the U.S.. What you provide depends on the claim:

• Child support: Form F8 Part 1 plus income documents, including tax returns and notices of assessment for the 3 most recent years.
• Spousal support sought, changed or ended: Form F8 Parts 1, 2 and 3 plus income documents.
• Property division under Part 5 of the Family Law Act: Part 3 for each party.
• Special or extraordinary expenses: Part 4.

If the parties agree on the payor's annual income, they can sign a Form F9 agreement and file it with the referenced documents to meet the child support disclosure rule.

Disclosure can need updating. A party whose Form F8 was served more than 91 days before the trial or hearing must serve an updated F8 at least 28 and not more than 63 days before it.

What happens after the claim is served

The respondent has 30 days after being served to file and serve a response in Form F4. A counterclaim is filed in Form F5 within 30 days after service of the notice. A person who files no response is not entitled to notice of later appearances, hearings, conferences or trial.

Unless a judicial case conference (JCC) has been held, a party must not serve a notice of application or supporting affidavit. At a JCC the court may identify issues, make consent orders, mediate disputed issues, set timelines and reserve a trial date.

A JCC may be requested at any time. The notice in Form F19 must be served at least 30 days before the conference, and the original Form F8 filed at least 7 days before it. The Parenting after Separation program is not mandatory in the Supreme Court, although a judge may suggest it.

What to do next

• Write down the orders you want and the facts supporting them.
• Gather three years of tax returns and notices of assessment.
• Check whether a mediation certificate could save the filing fee.
• Arrange personal service and keep proof of it.
• If you have been served, note the date and count 30 days right away.
• Get legal advice early, especially if property, support or children are involved.

Free Family Justice Centre services include mediation, legal information and referrals, and virtual services are available at 1-844-747-3963.

Looking further ahead, a court may change a parenting order if satisfied that the needs or circumstances of the child have changed since the order was made. An appeal from a Supreme Court judgment goes to the Court of Appeal for British Columbia, and the notice of appeal is due within 30 days after the order is pronounced, unless another enactment sets a different period. How these steps apply depends on your situation, so it is worth confirming with a lawyer.

Frequently asked questions