- A respondent must file a response in Form F4 and serve it within 30 days after being served.
- Someone who files no response is not entitled to notice of later hearings, conferences or trial.
- Financial disclosure is also due within 30 days after service of the claim.
If someone has handed you a Notice of Family Claim, a clock has started. The Supreme Court of British Columbia sets a short time to respond, and missing it can leave you out of the process.
This article explains the deadline, what to file, the financial documents that go with it, and what can happen if you do nothing. It is general information, and a lawyer can confirm your own dates.
This article covers the law of British Columbia.
The deadline and what to file and serve
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 notice of family claim must be served by personal service unless the court orders otherwise. Exactly how the 30 days are counted depends on your situation, so note the date you were handed the documents and confirm your deadline with a lawyer. Write it down on the day.
- A response to family claim in Form F4, filed and served within 30 days.
- A counterclaim in Form F5, if you want to ask for your own orders, within 30 days after service of the notice of family claim.
- Financial disclosure, filed and served within 30 days after service of the claim, or 60 days if you live outside Canada and the U.S..
Each party must have an address for service. Other documents may then be served by ordinary service, including mail, fax and e-mail.
Financial disclosure to prepare
| Type of claim | Disclosure required |
|---|---|
| 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 | Part 3 for each party |
| Special or extraordinary expenses | Part 4 |
If you and the other side agree on the payor's annual income, you can sign a Form F9 agreement and file it with the referenced documents to meet the child support disclosure rule.
A party whose Form F8 was served more than 91 days before a trial or hearing must serve an updated Form F8 at least 28 and not more than 63 days before it.
Risks of not responding
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. That means the case can move forward without you knowing about it.
Whether any cost applies to your response depends on your situation, so it is worth confirming with a lawyer. Filing a response need not cost a fee 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.
If you have missed the 30 days, speak with a lawyer promptly about your options.
After you respond: the judicial case conference
Unless a judicial case conference (JCC) has been held, a party must not serve a notice of application or supporting affidavit. A JCC may be requested at any time. The notice (Form F19) must be served at least 30 days before the conference, and the original Form F8 filed at least 7 days before it.
At a JCC, the court may do several things:
- Identify the issues and make consent orders.
- Mediate disputed issues.
- Direct a party to the Parenting after Separation program.
- Set timelines for documents and discovery.
- Reserve a trial date and set a trial management conference.
- Give a non-binding opinion on the probable outcome without hearing witnesses.
The Parenting after Separation program is not mandatory in the Supreme Court, although a judge may suggest it.
Court fees and which court you are in
Supreme Court fees include $200 for a notice of family claim, $80 for a notice of application and $200 for a notice of trial. The first 3 trial days are nil, 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.
An original notice of family claim does not stay in force for more than 12 months unless it is renewed.
Not every family case is in the Supreme Court. If your papers are an Application about a Family Law Matter from the Provincial Court, different rules apply. A respondent must file a reply within 30 days after being served, and a reply to a child or spousal support application also needs a Form 4 financial statement. A party who files no reply within 30 days is not entitled to receive notice of any part of the proceedings. Property and debt division between spouses goes to the Supreme Court. Check which court your documents come from.
What to do next
- Record the date and manner of service.
- Calculate the 30-day deadline and put it in your calendar.
- Read the claim and list which orders you agree with and which you dispute.
- Gather tax returns, notices of assessment and other income documents.
- Decide whether you need a counterclaim.
- Get legal advice before the deadline, not after.
Free Family Justice Centre services include mediation with a Family Justice Counsellor, legal information and referrals.
Frequently asked questions
How long do I have to respond to a notice of family claim?
You must file a response in Form F4 and serve it within 30 days after being served. Exactly how the 30 days are counted can depend on your situation, so it is worth confirming your deadline with a lawyer.
What if I do not respond?
You are not entitled to notice of later court appearances, hearings, conferences or trial. Get legal advice quickly if the deadline has passed.
Can I ask for my own orders?
Yes, by filing a counterclaim in Form F5 within 30 days after service of the notice of family claim.
Do I have to provide financial documents with my response?
Disclosure documents must be filed and served within 30 days after service of the claim. What is needed depends on whether child support, spousal support or property division is claimed.
Sources
- Family Law Act, s.193(2) (BC Laws) — bclaws.gov.bc.ca
- Provincial Court Family Rules, rule 28 — bclaws.gov.bc.ca
- gov.bc.ca – Do I have to take PAS? — www2.gov.bc.ca
- Supreme Court Family Rules, B.C. Reg. 169/2009, Rules 4-1, 4-2 — bclaws.gov.bc.ca
- Supreme Court Family Rules, Appendix C (Schedule 1) — bclaws.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.
This is a family law question
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