- You generally must file and serve a response to family claim in Form F4 within 30 days after you were served.
- If you file no response, you are not entitled to notice of later court appearances, hearings, conferences or trial.
- A counterclaim and financial disclosure have their own forms and deadlines, so check them at the same time as your response.
Being served with a Notice of Family Claim can be stressful, especially when the paperwork comes with a deadline. In the British Columbia Supreme Court, the claim is the document that starts a family case, and the person who receives it is called the respondent.
This article explains the response deadline, what the response is, what else may be due around the same time, and what can happen if you do nothing. Your situation may have details that change the picture, so a lawyer can confirm how the rules apply to you.
This article covers the law of British Columbia.
How a family case starts in the Supreme Court
A family case in the Supreme Court starts when the claimant files a notice of family claim in Form F3 and then serves each named respondent. A notice of family claim must be served by personal service unless the court orders otherwise.
Service is usually proved by an affidavit of personal service in Form F15. The date you were served matters, because your deadline is counted from it.
The response deadline and the form
A respondent must file a response to family claim in Form F4 and serve it on the claimant and any other named respondents within 30 days after being served.
Other documents in the case may be served by ordinary service, which includes mail, fax and e-mail, and each party must have an address for service. The response is how you tell the court and the other side that you are taking part in the case.
- Write down the date and manner you were served as soon as you can.
- Count 30 days from that date and mark the deadline clearly.
- Complete Form F4, file it with the court, and serve it on the claimant and other named respondents.
- Keep a copy of everything you file and serve.
Other documents that may be due around the same time
If you disagree with the claim and want to ask for your own orders, a counterclaim is filed in Form F5 within 30 days after service of the notice of family claim. Financial disclosure may also be required, depending on what the claim is about.
| Document | Form | Timing |
|---|---|---|
| Response to family claim | F4 | Within 30 days after being served |
| Counterclaim | F5 | Within 30 days after service of the claim |
| Financial disclosure | F8 and income documents | Within 30 days after service of the claim; 60 days if you live outside Canada and the U.S. |
The timing above comes from the rules on responses, counterclaims and disclosure. Form F8 Part 1 and income documents are required when child support income information is required, and Parts 1, 2 and 3 are required when spousal support is sought, changed or ended. Part 3 is required for each party in a property division claim under Part 5 of the Family Law Act.
Parties who agree on the payor's annual income can sign a Form F9 agreement and file it with the referenced documents to meet the child support disclosure rule.
What happens if you miss the deadline
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 hearing about it.
If the deadline has already passed, or is close, speak with a lawyer promptly. What options exist depends on the facts and on where the case stands.
Fees and what to do next
The filing fee for a notice of family claim is $200. A person filing a notice of family claim or response to family claim need not pay the filing fee if they provide a Form F100 certificate of mediation from a qualified mediator, and they mediated with the other side or the mediator found mediation inappropriate.
- Confirm the date you were served and calendar the 30-day deadline.
- Read the claim closely and note what orders are being sought.
- Gather income documents and financial information in case Form F8 is required.
- Decide whether you need a counterclaim.
- Consider free help: Family Justice Centre services include mediation with a Family Justice Counsellor, legal information and referrals.
- Get legal advice before the deadline if you are unsure what to file.
Justice Access Centres also offer services and referrals for family law problems, including mediation with a Family Justice Counsellor if you are eligible.
Frequently asked questions
How long do I have to file a response to family claim in BC?
You must file a response in Form F4 and serve it on the claimant and other named respondents within 30 days after you were served. The clock runs from the date of service, so note that date carefully.
What if I do not file a response?
You are not entitled to notice of later court appearances, hearings, conferences or trial. That means the case can proceed without you being told about each step.
Can I file my own claim in response?
Yes, a counterclaim is filed in Form F5 within 30 days after service of the notice of family claim. A lawyer can help you decide whether one fits your situation.
Do I have to pay a fee to file my response?
You need not pay the filing 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. Otherwise, confirm the current fee with the court registry, since fees can change.
Sources
- 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
- gov.bc.ca – Mediation at Justice Access Centres — 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
An uncontested divorce with us is from $2,126.88, tax included. Third-party fees are extra.