What Is a Notice of Family Claim in BC and How to File It

A notice of family claim is the document that starts a family case in the BC Supreme Court. It tells the court and the other person what orders you want and sets the case in motion.

This article explains how it is filed, how it must be served, what the other person can do in response, and the financial disclosure that follows. Because the details matter, consider legal advice before filing.

This article covers the law of British Columbia.

What a notice of family claim does

In the Supreme Court, a family case starts by filing a notice of family claim in Form F3. In plain terms, it sets out who the parties are, what happened, and the orders you are asking the court to make, such as orders about parenting, support or property.

The Supreme Court has jurisdiction in all matters under the Family Law Act, subject to the federal Divorce Act. Property and debt division between spouses must be in the Supreme Court, because the Provincial Court cannot make those orders.

If your claim concerns children, remember that agreements and orders about guardianship, parenting arrangements or contact consider only the best interests of the child.

Filing and the fee

The filing fee for a notice of family claim is $200. Fees can be amended, so confirm the current amount with the court registry.

You need not pay the filing fee for a notice of family claim or response 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).

Be aware of timing. The original notice does not stay in force for more than 12 months unless renewed. Also, spouses 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.

Serving the other person

After filing, you must serve each named respondent by personal service or a court-allowed alternative. 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.

Other documents later in the case may be served by ordinary service, including mail, fax and e-mail, under Rule 6-2, which also sets when service is deemed complete. Each party must have an address for service.

What the other person can do

A respondent must file a response to family claim in Form F4 and serve it on the claimant and other named respondents within 30 days after being served. A person served who files no response is not entitled to notice of later court appearances, hearings, conferences or trial.

A respondent who wants to make their own claims files a counterclaim in Form F5 within 30 days after service of the notice of family claim.

Financial disclosure and the first conference

Financial disclosure is a major part of a Supreme Court family case. What you must provide depends on the issues:

• Child support where income information is required: Form F8 Part 1 plus income documents, such as personal 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.
• A Part 5 property division claim: Part 3 for each party.
• Special or extraordinary expenses: Part 4.

These 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.. If you and the other person agree on the payor's annual income, you can sign a Form F9 agreement and file it with the referenced documents for the child support rule.

Unless a judicial case conference has been held, a party must not serve a notice of application or supporting affidavit. At the conference the court may identify issues, make consent orders, mediate disputed issues, set timelines and give a non-binding opinion on the probable outcome.

What to do next

• Decide whether the Supreme Court is the right court for all of your issues.
• Gather three years of tax returns and notices of assessment, and other income documents.
• Consider mediation first, since a Form F100 certificate may remove the filing fee.
• Arrange personal service and keep the proof.
• Mark the 30-day deadlines for the response, counterclaim and financial disclosure.
• Use free Family Justice Centre services for information and referrals.

Frequently asked questions