Family Law Case Studies Canada

To proceed without notice, you will have to satisfy the judge that there is a real risk of some danger if notice were required before your application is heard.Find more information and a flowchart on Urgent Without Notice applications.

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BC also has some new resources to help families through separation.

Procedure The procedures for making applications under the statutes mentioned earlier are set out in the Provincial Court (Family) Rules, the Provincial Court (Child, Family and Community Service Act) Rules, and the Provincial Court (Adult Guardianship) Rules.

See Resources for Family Cases for information and resources on Provincial Court family matters.

Two Trial Courts People seeking court orders for guardianship of children, parenting arrangements, and child and spousal maintenance under the Family Law Act may go to either the Provincial Court or the Supreme Court of British Columbia, since the courts have “concurrent jurisdiction” in those matters.

However, only a judge appointed by the federal government can make orders about divorce and division of a family’s property, so the Supreme Court of BC has “exclusive jurisdiction” in those matters.

Family Law Case Studies Canada

All child protection matters under the Child, Family and Community Service Act are dealt with in the Provincial Court, although protective intervention orders and restraining orders can also be obtained in the Supreme Court.

Parenting After Separation and Family Justice Counsellor Under the Provincial Court (Family) Rules, in some locations people must attend a Parenting After Separation information session and/or meet with a Family Justice Counsellor who will assist them in resolving all or part of their dispute before they can appear in court.

Attending a Parenting After Separation programme in your community or using the online programme offered in English, Punjabi and Mandarin is recommended, even if it is not compulsory in your area, because the course offers valuable information on helping children adjust to their parents’ separation.

Usually, someone seeking a court order must deliver a copy of their application and other documents to the other party before any court appearance is set.

Applications should only be made without giving the other party the required notice if there are special circumstances like an emergency where the interests of justice or the protection of the person asking for the order (or a child) clearly demand an immediate court order.