- You generally have 30 days after being served with the application to file a reply in the Provincial Court.
- If the application is about child or spousal support, your reply must come with a Form 4 financial statement.
- If you file no reply within 30 days, you are not entitled to notice of any part of the proceedings.
Being handed a court document is stressful. If you have been personally served with an Application about a Family Law Matter in BC Provincial Court, the clock is already running, and what you do in the next few weeks matters.
This article walks through the usual steps for replying: the deadline, the financial statement, what happens if you do nothing, the Parenting After Separation course, and what the Provincial Court cannot decide. Your registry and your facts can change the details, so treat this as general information.
This article covers the law of British Columbia.
What you were served with
In the Provincial Court, outside early resolution registries, a case starts when one party files and serves an Application about a Family Law Matter in Form 3. The person who starts the case is the applicant, and you are the respondent.
The applicant must make sure the documents are personally served. That means an adult who is not a party to the case leaves the documents with you, and that adult then completes a certificate of service in Form 7.
Registries differ. In an early resolution registry, the applicant must first file a Notice to Resolve a Family Law Matter in Form 1 and give a copy to each other party, and the application follows only after the early resolution requirements are met. Requirements can also differ depending on your registry, so it is worth confirming with a lawyer or a Family Justice Counsellor which ones apply to you.
The 30-day deadline to file a reply
As a respondent, you must file a reply within 30 days after being served with the application. Note the date you were served as soon as the papers reach you. If you are unsure how the 30 days are counted in your situation, a lawyer or Family Justice Counsellor can confirm it.
The application may ask to change or cancel all or part of an existing final order. If so, a copy of that order or written agreement must be filed with the application. Read the application carefully so you know exactly what is being asked.
- Write down the date you were served and the date 30 days later.
- Read every page of the application and any attached order or agreement.
- Decide which requests you agree with and which you dispute.
- Gather income and expense records if support is involved.
- Get legal advice or Family Justice Centre help before the deadline, not after.
Form 4 financial statement for support claims
A reply to a child support or spousal support application also requires a Form 4 financial statement. Financial statements in the Provincial Court are filed in Form 4, and they are required for child support where income information is required and for spousal support.
Collect recent pay stubs, tax documents, bank statements and a list of your monthly expenses and debts before you start the form. Being accurate and complete matters, because the court relies on these figures when it looks at support.
What happens if you do not reply
A party who files no reply within 30 days is not entitled to receive notice of any part of the proceedings. In practice, the case can move ahead without you knowing about hearings or decisions.
If no reply is filed within 30 days, the applicant must file the certificate of service in Form 7. That is the document the applicant files in that situation.
| Situation | What follows |
|---|---|
| You file a reply within 30 days | You take part in the case and are entitled to notice |
| You file no reply within 30 days | You are not entitled to notice of any part of the case |
| No reply and service was by an adult non-party | The applicant files the Form 7 certificate |
Parenting After Separation and property claims
In the Provincial Court you must complete a Parenting After Separation (PAS) course before your first court date, the family management conference, unless you have an official exemption. This applies to applications about parenting arrangements, child support, spousal support, companion animal property or protection orders. The rules also require each party to complete a parenting education program, with exemptions including completion in the prior 2 years.
PAS is free and online, and a Certificate of Completion is given to the Provincial Court. You may be exempt in these situations:
- You finished PAS within the last two years.
- The matter is only companion animal property, or only spousal support with no children.
- Every child is 19 or older.
- You cannot access the course online or in your language, or literacy or a serious medical condition prevents it.
- All parties file a consent order.
Property and debt division between spouses cannot be decided in the Provincial Court, which cannot make orders under Part 5 of the Family Law Act except respecting a companion animal. Those claims go to the Supreme Court. How a property or debt issue should be handled alongside a Provincial Court reply depends on your situation, so it is worth confirming with a lawyer. Spouses also face a two-year limit for property or debt division, pension division or spousal support claims, measured from divorce judgment, nullity order or separation depending on the relationship, so ask about timing early.
What to do next
Act quickly and keep copies of everything. A Family Justice Counsellor can explain PAS exemptions and how to register. Family Justice Centre services are free and include mediation with a Family Justice Counsellor, facilitated child support negotiation, legal information and referrals; virtual services are available at 1-844-747-3963.
- Calendar your 30-day reply deadline.
- Register for and complete the PAS course, or confirm an exemption.
- Prepare your Form 4 financial statement if support is claimed.
- Call 1-844-747-3963 for information and referrals.
- Speak with a lawyer if you are unsure how to respond or if property is involved.
Frequently asked questions
How long do I have to reply to a Provincial Court family application?
You must file a reply within 30 days after being served with the application. If the claim is about child or spousal support, the reply also needs a Form 4 financial statement.
What if I miss the 30-day deadline?
A party who files no reply within 30 days is not entitled to receive notice of any part of the proceedings. A lawyer or Family Justice Counsellor can explain your options.
Do I have to take the Parenting After Separation course?
Generally yes, before your first court date, the family management conference, unless you have an official exemption. Exemptions include finishing PAS within the last two years or all parties filing a consent order.
Can I ask for a property division in my Provincial Court reply?
The Provincial Court cannot make Part 5 property division orders, except respecting a companion animal. Property and debt division between spouses therefore goes to the Supreme Court. How to raise a property issue alongside your reply depends on your situation, so it is worth confirming with a lawyer.
Sources
- Family Law Act, s.193(2) (BC Laws) — bclaws.gov.bc.ca
- Provincial Court Family Rules, B.C. Reg. 120/2020 — bclaws.gov.bc.ca
- gov.bc.ca – Do I have to take PAS? — www2.gov.bc.ca
- gov.bc.ca – Family Justice Centre services — www2.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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