Served With Family Court Papers in BC? How and When to Respond

Being served with court papers in a family case is stressful, and the clock starts running right away. The first job is working out which court the papers come from, because the forms, rules and extra steps differ between the Provincial Court and the Supreme Court of British Columbia.

This article walks through how to tell the two apart, what a respondent must file and by when, what happens if you stay silent, and where to find free help. It is general information, not advice on your situation, so a lawyer can confirm how it applies to you.

This article covers the law of British Columbia.

Which court are the papers from?

Both courts can hear family law matters. The Supreme Court has jurisdiction in all matters under the Family Law Act, while the Provincial Court has general jurisdiction under the Act, with some exceptions. One important exception is that the Provincial Court cannot make orders dividing property and debt between spouses, except about a companion animal, so those claims go to the Supreme Court.

The title of the document is the quickest clue. Look at the heading on the first page.

In a Provincial Court early resolution registry, the other side must first file a Notice to Resolve a Family Law Matter (Form 1) before an application follows. If you received that notice, read it carefully, as the application comes only after the early resolution requirements are met.

Responding in the Provincial Court

If you are served with an application, you must file a reply within 30 days after being served. If the application asks for child support or spousal support, your reply must come with a financial statement in Form 4.

The application should have been served personally by an adult who is not a party, who leaves the documents with you and completes a certificate of service in Form 7.

You must also 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. You may be exempt in situations such as these:

• 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.
• Literacy or a serious medical condition prevents you from taking it.
• All parties file a consent order.

PAS is free and online, and a Certificate of Completion is given to the Provincial Court. A Family Justice Counsellor can explain exemptions and how to register.

Responding in the Supreme Court

A notice of family claim must be served by personal service unless the court orders otherwise. After being served, you must file a response to family claim in Form F4 and serve it on the claimant and the other named respondents within 30 days.

If you want to make your own claim against the other side, you can file a counterclaim in Form F5 within 30 days after service of the notice of family claim.

Financial disclosure has its own deadline. Disclosure documents must be filed and served within 30 days after service of the claim, or 60 days if you live outside Canada and the U.S.. What you need depends on the claim:

• Child support: Form F8 Part 1 plus income documents, including personal tax returns and notices of assessment for the 3 most recent years.
• Spousal support: 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 both sides 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.

What happens if you do not respond

In the Provincial Court, a party who files no reply within 30 days is not entitled to receive notice of any part of the proceedings. In the Supreme Court, a person served with a notice of family claim who files no response is not entitled to notice of later court appearances, hearings, conferences or trial.

In practical terms, the case can move forward without you knowing about it. Responding on time keeps you informed and lets you put your side forward. This article does not cover default orders or emergency situations, so speak to a lawyer promptly if either applies.

Fees, time limits and free help

Supreme Court fees include $200 for a notice of family claim and $80 for a notice of application. You need not pay the filing fee for a notice of family claim or response to family claim if you provide a Form F100 certificate of mediation from a qualified mediator. The certificate must show that you mediated with the other side, or that the mediator found mediation inappropriate. Fees can be amended, so confirm the current amount before filing.

Time limits matter if you are thinking about your own claims. Spouses have a two-year limit to seek property or debt division, pension division or spousal support. It is measured from divorce judgment, nullity order or separation, depending on the relationship.

Family Justice Centre services are free. They include mediation with a Family Justice Counsellor, facilitated child support negotiation, legal information and referrals, and PAS. Virtual services are available at 1-844-747-3963. Justice Access Centres also offer services and referrals for family law problems.

What to do next

• Check the title of the document to confirm which court it is from.
• Note the date and manner you were served, and count 30 days from that day.
• Gather income documents, including tax returns and notices of assessment, if support or property is claimed.
• Decide whether you need a counterclaim in the Supreme Court.
• Register for PAS if the case is in the Provincial Court and no exemption applies.
• Contact a Family Justice Centre or a lawyer to confirm your next steps.

Frequently asked questions