- A Supreme Court notice of family claim must be served personally unless the court orders otherwise.
- In the Provincial Court, an adult who is not a party must personally serve the application and complete a Form 7 certificate of service.
- The other person generally has 30 days after service to file a reply or response.
Filing your claim or application is only half of starting a case. The other person must also be formally given the documents, which is called service, and you must be able to prove it happened.
The rules differ between the Supreme Court and the Provincial Court of British Columbia. This article walks through each, so you know who can serve, how, and what to file afterwards.
This article covers the law of British Columbia.
Serving in the Supreme Court
A Supreme Court family case starts with a notice of family claim in Form F3, which you then serve on each named respondent by personal service or by a method the court allows as an alternative. The rules say a notice of family claim must be served by personal service unless the court orders otherwise.
Timing matters. The original notice of family claim does not stay in force for more than 12 months unless it is renewed. Serve promptly so that you do not run into this limit.
If personal service is not realistic, for example because you cannot find the person, you would need to ask the court for an order allowing another method. A lawyer can explain how that request works.
Proving service in the Supreme Court
Personal service is proved by filing an affidavit of personal service in Form F15. Whoever handed over the documents should be ready to describe when, where and to whom they were given.
Other documents in the case do not always need personal service. They may be served by ordinary service, including mail, fax and e-mail, and the rules set when that service is treated as complete. For this to work, each party must have an address for service.
Serving in the Provincial Court
Outside early resolution registries, you start a Provincial Court case by filing and serving an Application about a Family Law Matter in Form 3. In an early resolution registry, you must first file a Notice to Resolve a Family Law Matter in Form 1 and give a copy to each other party before filing an application.
For the application, you must ensure personal service by an adult who is not a party. That adult leaves the documents with the person and completes a certificate of service in Form 7. If no reply is filed within 30 days, you must file that certificate.
Service by email in the Provincial Court should not be assumed. Check with the registry or a lawyer before relying on it.
What happens after service
| Court | Reply deadline | If no reply is filed |
|---|---|---|
| Supreme Court | 30 days after service, in Form F4 | Not entitled to notice of later appearances, hearings, conferences or trial |
| Provincial Court | 30 days after service | Not entitled to notice of any part of the proceedings |
In the Supreme Court, the respondent files a response to family claim in Form F4 and serves it within 30 days after being served. Someone who files no response is not entitled to notice of later court appearances, hearings, conferences or trial. A counterclaim is filed in Form F5 within 30 days after service of the notice of family claim.
In the Provincial Court, the respondent must file a reply within 30 days after being served. A reply to a child or spousal support application also requires a Form 4 financial statement. A party who files no reply in that time is not entitled to receive notice of any part of the proceedings.
What to do next
- Confirm which court your case is in and which forms apply.
- In the Provincial Court, choose an adult who is not a party to hand over the documents personally; in the Supreme Court, confirm with the registry or a lawyer who may serve.
- Write down the date, place and person served as soon as it happens.
- File the proof: an affidavit in Form F15 in the Supreme Court, or a Form 7 certificate in the Provincial Court.
- Diarize the 30-day reply period.
- Get legal advice if the other person is avoiding service.
Frequently asked questions
Can I serve the documents myself?
In the Provincial Court, personal service must be done by an adult who is not a party, so you cannot do it yourself. For the Supreme Court, confirm with the registry or a lawyer who may serve before you act.
Can I serve a notice of family claim by email?
A notice of family claim must be served by personal service unless the court orders otherwise. Other documents may be served by ordinary service, including mail, fax and e-mail.
How do I prove I served the other person?
In the Supreme Court you file an affidavit of personal service in Form F15. In the Provincial Court the person who served completes a certificate of service in Form 7.
What if the other person ignores the documents?
They have 30 days after service to reply or respond. If they do not, they are not entitled to notice of later steps, but you should still get advice on how to proceed.
Sources
- Provincial Court Family Rules, B.C. Reg. 120/2020 — bclaws.gov.bc.ca
- Supreme Court Family Rules, B.C. Reg. 169/2009, Rules 4-1, 4-2 — bclaws.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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