| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada |
IMPORTANT INFORMATION |
| B.C. Reg. 169/2009 O.C. 303/2009 |
Deposited July 7, 2009 effective July 1, 2010 |
[includes amendments up to B.C. Reg. 241/2010, July 30, 2010]
Appendix A – List of Forms
Form F1 - Notice of Joint Family Claim
Form F2 - Notice of Withdrawal from Joint Family Law Case
Form F3 - Notice of Family Claim [am. B.C. Reg. 119/2010, s. 27.]
Form F4 - Response to Family Claim
Form F6 - Response to Counterclaim [am. B.C. Reg. 119/2010, s. 28.]
Form F7 - Notice of Withdrawal in Family Law Case in Which a Divorce Is Claimed
Form F9 - Agreement as to Annual Income
Form F10 - Notice of Address for Service
Form F11 - Notice for Publication
Form F13 - Notice and Summary of Document
Form F15 - Affidavit of Personal Service
Form F16 - Affidavit of Ordinary Service
Form F17 - Requisition [am. B.C. Reg. 119/2010, s. 29.]
Form F18 - Certificate of Service by Sheriff
Form F19 - Notice of Judicial Case Conference [am. B.C. Reg. 119/2010, s. 30.]
Form F20 - List of Documents [en. B.C. Reg. 119/2010, s. 31.]
Form F21 - Appointment to Examine for Discovery
Form F23 - Subpoena to Witness
Form F25 - Order for Examination of Persons Outside the Jurisdiction
Form F26 - Instructions to Examiner
Form F27 - Order for Issue of a Letter of Request to Judicial Authority of Another Jurisdiction
Form F28 - Letter of Request for Examination of Witness out of Jurisdiction
Form F29 - Requisition for Consent Order or for Order Without Notice
Form F31 - Notice of Application [am. B.C. Regs. 119/2010, s. 32; 241/2010, Sch. B, s. 3.]
Form F32 - Application Response
Form F33 - Consent Order [am. B.C. Reg. 119/2010, s. 33.]
Form F34 - Order Made Without Notice
Form F35 - Requisition [am. B.C. Reg. 119/2010, s. 34.]
Form F37 - Child Support Affidavit [am. B.C. Reg. 119/2010, s. 35.]
Form F38- Affidavit — Desk Order Divorce [am. B.C. Reg. 119/2010, s. 36.]
Form F39 - Notice of Discontinuance
Form F40 - Notice of Withdrawal
Form F41 - Security for Receiver
Form F42 - Security of Receiver by Undertaking
Form F43 - Notice to Cross-examine
Form F44 - Notice of Trial[am. B.C. Reg. 119/2010, s. 37.]
Form F46 - Trial Certificate [am. B.C. Reg. 119/2010, s. 38.]
Form F48 - Notice of Intention to Proceed
Form F49 - Notice of Intention to Call Adverse Party as a Witness
Form F50 - Warrant After Subpoena
Form F51 - Restraining Order [en. B.C. Reg. 119/2010, s. 39.]
Form F52 - Final Order [en. B.C. Reg. 119/2010, s. 39.]
Form F53 - Repealed. [B.C. Reg. 119/2010, s. 39.]
Form F54 - Order Made After Application [en. B.C. Reg. 119/2010, s. 39.]
Form F56 - Certificate of Divorce
Form F57 - Writ of Seizure and Sale
Form F58 - Writ of Sequestration
Form F61 - Writ of Delivery or Assessed Value
Form F62 - Acknowledgment of Payment
Form F63 - Summons to a Default Hearing Under the Family Maintenance Enforcement Act
Form F64 - Summons to a Committal Hearing Under the Family Maintenance Enforcement Act
Form F68 - Notice of Application for Committal
Form F70 - Certificate of Result of Sale
Form F71 - Bill of Costs [am. B.C. Reg. 119/2010, s. 40.]
Form F72 - Certificate of Costs
Form F73 - Petition to the Court
Form F74 - Response to Petition
Form F78 - Jurisdictional Response
Form F79 - Notice of Appeal if Directions Required [am. B.C. Reg. 119/2010, s. 41.]
Form F80 - Notice of Appeal – Standard Directions [am. B.C. Reg. 119/2010, s. 42.]
Form F81 - Notice of Hearing of Appeal
Form F82 - Notice of Abandonment of Appeal
Form F83 - Order to Register Foreign Judgment
Form F84 - Affidavit of Attainment of Majority
Form F85 - Order for Indigent Status [am. B.C. Reg. 119/2010, s. 43.]
Form F86 - Affidavit in Support of Indigent Application
Form F87 - Notice of Appointment or Change of Lawyer
Form F88 - Notice of Intention to Act in Person
Form F89 - Notice of Intention to Withdraw as Lawyer
Form F91 - Notice of Withdrawal of Lawyer
Form F96 - Electronic Filing Statement>
Form F98 - Notice of Appeal from Master, Registrar or Special Referee[am. B.C. Reg. 119/2010, s. 44.]
Form F100 - Certificate of Mediation [am. B.C. Reg. 119/2010, s. 45.]
Appendix A – Forms
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant 1:
Claimant 2:
NOTICE OF JOINT FAMILY CLAIM
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
1 Relationship history [Check the correct box(es) and complete the required information.]
| We: | |
| [ ] began to live together in a marriage-like relationship on ................[dd/mmm/yyyy]................. | |
| [ ] were married on ................[dd/mmm/yyyy]................. | |
| [ ] separated on ................[dd/mmm/yyyy]................. | |
| [ ] were divorced from each other by order made on ................[dd/mmm/yyyy]................. | |
| [ ] were never married | |
2 Divorce[Complete if you are asking for a divorce order.]
| [ ] We are asking for a divorce order. | ||
| A Personal information: | ||
| Claimant 1 | Claimant 2 | |
| Birthdate: [dd/mmm/yyyy] | ||
| Ordinarily resident in British Columbia since: [dd/mmm/yyyy] | ||
| Surname at birth: | ||
| Surname immediately before marriage: | ||
| Marital status immediately before marriage: | [ ] never married [ ] divorced [ ] widowed |
[ ] never married [ ] divorced [ ] widowed |
| Place of marriage: [city or town; province or state; country] | ||
| B Grounds for our claim for divorce: | |
| [If divorce is claimed as a result of having lived separate and apart, complete paragraph (i).] | |
| (i) [ ] We have lived separate and apart since ................[dd/mmm/yyyy]................. | |
| AND | |
| [Check whichever one of the following boxes is correct and complete the required information.] | |
| [ ] we have not lived together since then | |
| [ ] we have lived together again during the following period(s), in an unsuccessful attempt to reconcile: ...............[give dates of period(s)]............... | |
| [OR] | |
| [If divorce is claimed on grounds other than having lived separate and apart, complete paragraph (ii) by checking both of the following boxes and completing the required information.] | |
| (ii) [ ] Other grounds, under section 8 (2) (b) of the Divorce Act (Canada): ...............[state the grounds]............... | |
| AND | |
| [ ] There has been no condonation of any act relied on under section 8 (2) (b) of the Divorce Act (Canada) as a ground for divorce. | |
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| C We confirm that: [Check both of the following boxes.] | |
| [ ] There is no possibility of reconciliation. | |
| [ ] There has been no collusion, as defined in section 11 (4) of the Divorce Act (Canada), in relation to this claim for divorce. | |
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| D Proof of marriage: [Check whichever one of the following boxes is correct and complete any required information.] | |
| [ ] A certificate of marriage or registration of marriage has been filed. | |
| [ ] A certificate of marriage or registration of marriage is not being filed with this notice of joint family claim because ...............[state the reasons]............... and the certificate will be filed before this claim is set down for trial or an application is made for an order of divorce. | |
| [ ] It is impossible to obtain a certificate of marriage or registration of marriage because: ...............[state the reasons]............... . | |
3 Information concerning children
| A Children: [Check whichever one of the following boxes is correct.] | ||
| [ ] There are no children of the marriage, as defined by the Divorce Act (Canada), or children of whom we are parents within the meaning of the Family Relations Act. | ||
| [OR] | ||
| [ ] There are children of the marriage, as defined by the Divorce Act (Canada), or children of whom we are parents within the meaning of the Family Relations Act, and those children are: | ||
| Full name: | Birth date: [dd/mmm/yyyy] | Resides with: |
4 Orders asked for in relation to children [Complete the following for those children in relation to whom you are asking for an order.]
| A [ ] We are asking for the following order respecting parenting arrangements: ...............[set out terms of proposed order and include proposals for custody, guardianship and access]............... | |
| B [ ] We are asking for an order for child support as follows: ...............[set out terms of proposed order]............... | |
| C [ ] We are asking for the orders under paragraphs A and B of this section under the following statute(s): [Check one or both of the following boxes, as applicable.] | |
| [ ] the Divorce Act (Canada) [ ] the Family Relations Act |
5 Spousal support [Complete if you are asking for an order for spousal support.]
| [ ] We are asking for an order for spousal support as follows: ...............[set out terms of proposed order]............... | |
| [ ] We are asking for an order for spousal support under [Check one or both of the following boxes, as applicable.] | |
| [ ] the Divorce Act (Canada) [ ] the Family Relations Act |
6 Property [Complete if you are asking for an order in relation to property.]
| A Property claims under theFamily Relations Act | ||
| [ ] We are married and we are asking for a declaration under section 57 of the Family Relations Act that we have no reasonable prospect of reconciling with each other. | ||
| [ ] We are asking for an order for: | ||
| [Check whichever one of the following boxes is correct and complete any required information.] | ||
| [ ] an equal division of family assets, under the Family Relations Act | ||
| [ ] a reapportionment of family assets, as follows: ............[set out details of proposed reapportionment]............. | ||
| B Other property claims | ||
| [ ] We ask for an order respecting an interest in property or for compensation instead of an interest in that property, as follows: .......................................................................................... | ||
7 Other [Complete if you are asking for any other order.]
| [ ] We are asking for an order in the following terms: ...............[set out terms of proposed order] ............... |
8 Claimants' addresses for service [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
| Claimant 1: Fax (optional) E-mail (optional) |
Claimant 2: Fax (optional) E-mail (optional) |
| Date: ................[dd/mmm/yyyy]................. | ..................................................... Signature of [ ] claimant 1 [ ] lawyer for claimant 1 |
...........................[type or print name]..........................
| Date: ................[dd/mmm/yyyy]................. | ..................................................... Signature of [ ] claimant 2 [ ] lawyer for claimant 2 |
...........................[type or print name]..........................
The following certificate must be completed for each party to a divorce claim who is represented by a lawyer.
LAWYER'S CERTIFICATE (DIVORCE ACT (CANADA), s. 9)
I, ................................, lawyer for ................[name of party]................ certify that I have complied with section 9 of the Divorce Act (Canada), which says:
9 (1) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding
(a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses, and
(b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to him or her that might be able to assist the spouses to achieve a reconciliation, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so.
(2) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding to discuss with the spouse the advisability of negotiating the matters that may be the subject of a support order or a custody order and to inform the spouse of the mediation facilities known to him or her that might be able to assist the spouses in negotiating those matters.
| Date: ................[dd/mmm/yyyy]................. | ............................................................ Signature of lawyer |
...........................[type or print name]..........................
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant 1:
Claimant 2:
NOTICE OF WITHDRAWAL FROM JOINT FAMILY LAW CASE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
TAKE NOTICE that ................[party]................ withdraws from this joint family law case.
| Date: ................[dd/mmm/yyyy]................. | ................................................................. Signature of [ ] filing party [ ] lawyer for filing party |
...........................[type or print name]..........................
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Court File No:........................
Court Registry:........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF FAMILY CLAIM
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
This family law case has been started by the claimant(s) for the relief set out in section 4 below.
If you intend to respond to this family law case, you or your lawyer must
(a) file a response to family claim in Form F4 in the above-named registry of this court within 30 days after the date on which this copy of the filed notice of family claim was served on you, and
(b) serve a copy of the filed response to family claim on the claimant.
If you intend to make a counterclaim, you or your lawyer must
(a) file a response to family claim in Form F4 and a counterclaim in Form F5 in the above-named registry of this court within 30 days after the date on which this copy of the filed notice of family claim was served on you, and
(b) serve a copy of the filed response to family claim and counterclaim on the claimant and on any new parties named in the counterclaim.
Orders, including orders granting the relief claimed, may be made against you if you fail to file the response to family claim within the 30 day period referred to above.
1 Information about the parties
| [Complete the following for each claimant.] |
| The claimant, ................[name]................, is ...............[briefly indicate this person's relationship to other parties to this family law case]............... |
| [Complete the following for each respondent.] |
| The respondent, ................[name]................, is ...............[briefly indicate this person's relationship to other parties to this family law case]............... |
2 Spousal relationship history [Complete this section if a claimant and a respondent are or have been married or are or have been in a marriage-like relationship.]
| [Check the correct box(es) and complete the required information.] | |
| The claimant ..................[name of claimant].................. and the respondent ...................[name of respondent] ................. | |
| [ ] began to live together in a marriage-like relationship on ................[dd/mmm/yyyy]................. | |
| [ ] were married on ................[dd/mmm/yyyy]................. | |
| [ ] separated on ................[dd/mmm/yyyy]................. | |
| [ ] were divorced from each other by order made on ................[dd/mmm/yyyy]................. | |
3 Prior court proceedings and agreements [Check the correct box(es) and complete the required information.]
| [ ] There is no prior agreement, court order or court proceeding relating to any of the claims made in this notice of family claim | |
| [OR] | |
| [ ] One or more of the following relates to claims made in this notice of family claim: | |
| [ ] a written agreement dated ................[dd/mmm/yyyy]................. | |
| [ ] a court order dated ................[dd/mmm/yyyy]................. | |
| [ ] a prior court proceeding: ..........[file number and court registry].......... | |
4 My Claims [Check the correct box(es) and complete and attach the required Schedules.]
| I am asking for the following: | |
| [ ] An order for divorce – [complete and attach Schedule 1] | |
| [ ] An order respecting child(ren) – [complete and attach Schedule 2] | |
| [ ] An order for spousal support – [complete and attach Schedule 3] | |
| [ ] An order relating to property – [complete and attach Schedule 4] | |
| [ ] Another order – [complete and attach Schedule 5] | |
| [ ] An order for costs | |
5 Place of trial will be: ................[name of registry]................
6 The address of the registry is: ................[address of registry]................ .
7 My address for service is [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
| Address for Service: Fax (optional) E-mail (optional) |
| Date: ................[dd/mmm/yyyy]................. | ..................................................... Signature of [ ] claimant [ ] lawyer for claimant(s) |
...........................[type or print name]..........................
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SCHEDULE 1 – DIVORCE
This is Schedule 1 to the claimant's notice of family claim.
1 Personal Information
| Claimant | Respondent | |
| Birthdate: [dd/mmm/yyyy] | ||
| Ordinarily resident in British Columbia since: [dd/mmm/yyyy] | ||
| Surname at birth: | ||
| Surname immediately before marriage: | ||
| Marital status immediately before marriage: | [ ] never married [ ] divorced [ ] widowed |
[ ] never married [ ] divorced [ ] widowed |
| Place of marriage: [city or town; province or state; country] | ||
2 Grounds for my claim for divorce
| [ ] I ask for an order for divorce on these grounds: | |
| [If divorce is claimed as a result of having lived separate and apart, complete paragraph (i).] | |
| (i) [ ] My spouse and I have lived separate and apart since ................[dd/mmm/yyyy]................. | |
| AND | |
| [Check whichever one of the following boxes is correct and complete any required information.] | |
| [ ] we have not lived together since then. | |
| [ ] we have lived together again during the following period(s), in an unsuccessful attempt to reconcile: ................[give dates of period(s)]................ | |
| [OR] | |
| [If divorce is claimed on grounds other than having lived separate and apart, complete paragraph (ii) by checking both of the following boxes and completing the required information.] | |
| (ii) [ ] Other grounds, under section 8 (2) (b) of the Divorce Act (Canada): ...............[state the grounds]............... | |
| AND | |
| [ ] I have not condoned any act relied on under section 8 (2) (b) of the Divorce Act (Canada) as a ground for divorce. | |
3 I confirm that: [The claimant seeking an order for divorce must check both of the following boxes.]
| [ ] There is no possibility of reconciliation. | |
| [ ] There has been no collusion, as defined in section 11 (4) of the Divorce Act (Canada), in relation to this claim for divorce. |
4 Proof of marriage [Check whichever one of the following boxes is correct and complete any required information.]
| [ ] A certificate of marriage or of registration of marriage has been filed | |
| [ ] A certificate of marriage or of registration of marriage is not being filed with this notice of family claim because ...............[state the reasons]..............., and the certificate will be filed before this claim is set down for trial or an application is made for an order of divorce | |
| [ ] It is impossible to obtain a certificate of marriage or of registration of marriage because: ...............[state the reasons]............... |
5 Children [Check whichever one of the following box(es) is correct and complete any required information.]
| [ ] There are no children of the marriage as defined by the Divorce Act (Canada) | ||
| [ ] The children of the marriage are: | ||
| Full name: | Birth date: [dd/mmm/yyyy] | Resides with: |
| Date: ................[dd/mmm/yyyy]................. | ............................................................ Signature of [ ] claimant [ ] lawyer for claimant(s) |
| ...........................[type or print name].......................... |
If a party to a divorce claim is represented by a lawyer, the following certificate must be completed.
LAWYER'S CERTIFICATE (DIVORCE ACT (CANADA), s. 9)
I, ................................, lawyer for ................[name of party]................ certify that I have complied with section 9 of the Divorce Act (Canada), which says:
9 (1) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding
(a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses, and
(b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to him or her that might be able to assist the spouses to achieve a reconciliation, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so.
(2) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding to discuss with the spouse the advisability of negotiating the matters that may be the subject of a support order or a custody order and to inform the spouse of the mediation facilities known to him or her that might be able to assist the spouses in negotiating those matters.
| Date: ................[dd/mmm/yyyy]................. | ......................................................... Signature of lawyer |
...........................[type or print name]..........................
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SCHEDULE 2 — CHILDREN
This is Schedule 2 to the claimant's notice of family claim.
1 Identification of child(ren)
I am asking for an order in respect of the following child or children:
| Child's name | Child's
birthdate [dd/mmm/yyyy] |
Child's relationship to the claimant |
Child's relationship to the respondent |
Child habitually resident in BC since [dd/mmm/yyyy] |
Child now living with |
2 Orders sought
| I am asking for the following order(s): [Check the correct box(es) and complete the required information.] |
| (a) [ ] an order respecting parenting arrangements for a child or children [Complete sections 3 and 4 below.] |
| (b) [ ] an order for child support [Complete sections 5 to 7 below.] |
3 Current parenting arrangements
| Current parenting arrangements for the child(ren)
are: |
4 Proposed parenting arrangements
| I propose the following parenting arrangements for the child(ren): ...............[set out terms of proposed order sought in relation to parenting arrangements and include your proposals for custody, guardianship and access]............... |
| I am asking for an order for custody or access under [Check one or both of the following boxes, as applicable.] |
| [ ] the Divorce Act (Canada) [ ] the Family Relations Act |
5 Current child support arrangements
| Current child support arrangements
are: |
6 Income of person being asked to pay child support [Check whichever one of the following boxes is correct and complete any required information.]
| [ ] I do not know the income of the person being asked to pay child support |
| [ ] I believe that the income of the person being asked to pay child support is $.........., based on these facts: |
| .............................................................................................................................. |
| .............................................................................................................................. |
| .............................................................................................................................. |
| .............................................................................................................................. |
| .............................................................................................................................. |
| .............................................................................................................................. |
7 Proposed child support arrangements [Check the correct box(es) and complete the required information.]
| I am asking for: |
| [ ] support in the amount set out in the child support guidelines table for the following child(ren): ..........[name(s)].......... |
| [ ] special or extraordinary expenses in accordance with section 7 of the child support guidelines for the following child(ren): ..........[name(s)].......... |
| [ ] by consent, an order for support in an amount different than the amount set out in the child support guidelines table for the following child(ren): ..........[name(s)].......... |
| I am asking for an order for child support under [Check one or both of the following boxes, as applicable.] |
| [ ] the Divorce Act (Canada) [ ] the Family Relations Act |
| Date: ................[dd/mmm/yyyy]................. | .................................................... Signature of [ ] claimant [ ] lawyer for claimant(s) |
...........................[type or print name]..........................
| Note to Claimant AND Respondent: you must file financial information (Form F8) if: | ||
| • there is a claim against you for support of a child, OR | ||
| • you are claiming child support unless all of the following conditions apply: | ||
| (a) you are making no claim for any other kind of support; | ||
| (b) you are not applying for special expenses under section 7 of the child support guidelines; | ||
| (c) the child support is for children who are not stepchildren; | ||
| (d) none of the children for whom child support is claimed is 19 years of age or older; | ||
| (e) there is no application for a shared custody order; | ||
| (f) the income of the party being asked to pay child support is under $150 000 per year; | ||
| (g) there is no application for a split custody order; | ||
| (h) you are not making a claim based on undue hardship under section 10 of the child support guidelines. | ||
| If you do not file the financial information that is required, the court may attribute an amount of income to you, and make a support award against you, based on that amount. | ||
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SCHEDULE 3 — SPOUSAL SUPPORT
This is Schedule 3 to the claimant's notice of family claim.
1 Current arrangements for spousal support
| Current spousal support arrangements
are: |
2 Proposed spousal support arrangements [Check the correct box(es) and complete the required information.]
| [ ] I am asking for an order for spousal support as follows: ...............[set out terms of proposed order sought in relation to spousal support]............... |
| [ ] I am asking for an order for spousal support under [Check one or both of the following boxes, as applicable.] |
| [ ] the Divorce Act (Canada) [ ] the Family Relations Act |
3 Income of claimant and respondent
| My gross annual income is $.........., [Check whichever one of the following boxes is correct and complete any required information.] [ ] I do not know what my spouse's income is [ ] I believe that my spouse's gross annual income is $.........., based on these facts: .................................................................................................................................. .................................................................................................................................. |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] claimant [ ] lawyer for claimant(s) |
...........................[type or print name]..........................
| Note to Claimant AND Respondent: you must file
financial information (Form F8) if there is a claim
by you or against you for spousal support. If you do not file the financial information that is required, the court may attribute an amount of income to you and make a support award against you, based on that income. |
|
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SCHEDULE 4 — PROPERTY
This is Schedule 4 to the claimant's notice of family claim.
1 My claims
| A Declaration [ ] I am married to ................[name of respondent]................ and I am asking for a declaration under section 57 of the Family Relations Act that ................[name of respondent]................ and I have no reasonable prospect of reconciling with each other B Property claims under the Family Relations Act I am asking for an order for: [Check whichever one of the following boxes is correct and complete any required information.] [ ] equal division of family assets, under the Family Relations Act [ ] reapportionment of family assets, as follows and on the following grounds: ................[set out details of proposed reapportionment and the grounds on which the claim for reapportionment is made]............... The address and legal description of any real property in which I claim an interest as a family asset is: ................................................................................................................................................................... C Other property claims [Check the correct box(es) and complete the required information.] I claim: [ ] an interest in the following property: ...............[specify every interest claimed in property and if an interest is claimed in real property, provide the address and legal description of that real property]............... [ ] an order for compensation instead of an interest in the property described as ...............[identify every property for which compensation is claimed and if compensation is claimed for real property, provide the address and legal description of that real property].................................................................................................on the following grounds:...............[set out the grounds on which any claim under this paragraph for interest or compensation is based]............... |
2 Certificate of Pending Litigation
| [ ] I am applying for a Certificate of Pending Litigation to be registered against the following real property: ...............[provide the legal description of every real property against which a Certificate of Pending Litigation is to be registered] |
| ............... Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] claimant [ ] lawyer for claimant(s) |
...........................[type or print name].......................... |
|
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SCHEDULE 5 — OTHER ORDERS
This is Schedule 5 to the claimant's notice of family claim.
I am asking for the following orders:
[ ] an order under the Name Act that my name be changed from ................[current full legal name]................ to ................[full new name]................
[ ] the following orders under the Family Relations Act [using numbered paragraphs, set out any orders sought under the Family Relations Act that are not referred to in Schedules 1 to 4 and the sections of that Act under which those orders are sought]
1
2
[ ] other orders [using numbered paragraphs, set out terms of other proposed orders and the authority under which those orders are sought]
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] claimant [ ] lawyer for claimant(s) |
...........................[type or print name]..........................
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
RESPONSE TO FAMILY CLAIM
[Rule 21-1 of the Supreme Court Family Rules applies to all forms]
Filed by:................[party(ies)]................
1 Response to information in notice of family claim:
| My position regarding the information set out in the notice of family claim is as follows: [Check the correct box(es) and complete the required information.] | |
| [ ] Schedule 1: | |
| [ ] The information set out in sections 1, 2, 3, 4 and 5 of Schedule 1 to the notice of family claim is correct. | |
| [ ] The information set out in sections 1, 2, 3, 4 and 5 of Schedule 1 to the notice of family claim is not correct in the following respects:...............[identify the information you say is not correct and set out the information you say is correct]............... | |
| [ ] Schedule 2: | |
| [ ] The information set out in sections 1, 3, 5 and 6 of Schedule 2 to the notice of family claim is correct. | |
| [ ] The information set out in sections 1, 3, 5 and 6 of Schedule 2 to the notice of family claim is not correct in the following respects: ...............[identify the information you say is not correct and set out the information you say is correct]............... | |
| [ ] Schedule 3: | |
| [ ] The information set out in sections 1 and 3 of Schedule 3 to the notice of family claim is correct. | |
| [ ] The information set out in sections 1 and 3 of Schedule 3 to the notice of family claim is not correct in the following respects: ...............[identify the information you say is not correct and set out the information you say is correct]............... | |
2 Response to claims in notice of family claim:
| This is my response to claims made against me
in the Schedules to the notice of family
claim: [For each of the claims identified below that are made in the notice of family claim, indicate whether you agree or disagree with that claim by checking the correct box opposite that claim.] |
||
| Claim for divorce (Schedule 1, section 2) | [ ] Agree | [ ] Disagree |
| Parenting arrangements (Schedule 2, section 4) | [ ] Agree | [ ] Disagree |
| Child support (Schedule 2, section 7) | [ ] Agree | [ ] Disagree |
| Spousal support (Schedule 3, section 2) | [ ] Agree | [ ] Disagree |
| Division of family assets (Schedule 4, section 1) | [ ] Agree | [ ] Disagree |
| Other property claim(s) (Schedule 4, section 1) | [ ] Agree | [ ] Disagree |
| Other orders (Schedule 5) [identify each claim made in Schedule 5 of the notice of family claim and indicate whether you agree or disagree with that claim by checking the correct box opposite that claim] | ||
| [claim] | [ ] Agree | [ ] Disagree |
| [claim] | [ ] Agree | [ ] Disagree |
3 My address for service is [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
| Address for Service: Fax (optional) E-mail (optional) |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
| Note to Claimant AND Respondent: You may be
required to file financial information (Form F8) if
there is a claim by you or against you for support of a child, spouse or
parent. See the note at the end of Schedules 1 and 2 of the notice of
family claim for details. If you do not file the financial information that is required, the court may attribute an amount of income to you and make a support award against you, based on that amount. |
|
|
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
COUNTERCLAIM
[Rule 21-1 of the Supreme Court Family Rules applies to all forms]
Filed by: ................[party(ies)]................
This counterclaim has been made by the above-named respondent(s) for the relief set out in section 1 below.
If you intend to respond to this counterclaim, you or your lawyer must
(a) file a response to counterclaim in Form F6 in the above-named registry of this court within 30 days after the date on which a copy of the filed counterclaim was served on you, and
(b) serve a copy of the filed response to counterclaim on all parties.
Orders, including orders granting the relief claimed, may be made against you if you fail to file the response to counterclaim within the 30 day period referred to above.
1 Counterclaim [Check the correct box(es) and complete and attach the required Schedule(s).]
| I am asking for the following: | |
| [ ] An order for divorce — [complete and attach Schedule 1] | |
| [ ] An order respecting child(ren) — [complete and attach Schedule 2] | |
| [ ] An order for spousal support — [complete and attach Schedule 3] | |
| [ ] An order relating to property — [complete and attach Schedule 4] | |
| [ ] Another order — [complete and attach Schedule 5] | |
| [ ] An order for costs | |
2 My address for service is [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
| Address for Service: Fax (optional) E-mail (optional) |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
| Note to Claimant AND Respondent: |
| You may be required to file financial information
(Form F8) if there is a claim by you or against you for support of a
child, spouse or parent. See the note at the end of Schedules 1 and 2 of
this counterclaim for details. If you do not file the financial information that is required, the court may attribute an amount of income to you and make a support award against you, based on that amount. |
|
|
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SCHEDULE 1— DIVORCE
This is Schedule 1 to the counterclaim of ………[party(ies)]…………
1 Personal Information
| Claimant | Respondent | |
| Birthdate: [dd/mmm/yyyy] | ||
| Ordinarily resident in British Columbia since: [dd/mmm/yyyy] | ||
| Surname at birth: | ||
| Surname immediately before marriage: | ||
| Marital status immediately before marriage: | [ ] never married [ ] divorced [ ] widowed |
[ ] never married [ ] divorced [ ] widowed |
| Place of marriage: [city or town; province or state; country] | ||
2 Grounds for my claim for divorce
| [ ] I ask for an order for divorce on these grounds: | |
| [If divorce is claimed as a result of having lived separate and apart, complete paragraph (i).] | |
| (i) [ ] My spouse and I have lived separate and apart since ................[dd/mmm/yyyy]................. | |
| AND | |
| [Check whichever one of the following boxes is correct and complete any required information.] | |
| [ ] we have not lived together since then | |
| [ ] we have lived together again during the following period(s), in an unsuccessful attempt to reconcile: ................[give dates of period(s)]................ | |
| [OR] | |
| [If divorce is claimed on grounds other than having lived separate and apart, complete paragraph (ii) by checking both of the following boxes and completing the required information.] | |
| (ii) [ ] Other grounds, under section 8 (2) (b) of the Divorce Act (Canada): ...............[state the grounds]............... | |
| AND | |
| [ ] I have not condoned any act relied on under section 8 (2) (b) of the Divorce Act (Canada) as a ground for divorce | |
3 I confirm that: [The claimant seeking an order for divorce must check both of the following boxes.]
| [ ] There is no possibility of reconciliation | |
| [ ] There has been no collusion, as defined in section 11 (4) of the Divorce Act (Canada), in relation to this claim for divorce. |
4 Proof of marriage [Check whichever one of the following boxes is correct and complete any required information.]
| [ ] A certificate of marriage or of registration of marriage has been filed | |
| [ ] A certificate of marriage or of registration of marriage is not being filed with this notice of family claim because ...............[state the reasons]..............., and the certificate will be filed before this claim is set down for trial or an application is made for an order of divorce | |
| [ ] It is impossible to obtain a certificate of marriage or of registration of marriage because ...............[state the reasons]............... |
5 Children [Check whichever one of the following box(es) is correct and complete any required information.]
| [ ] There are no children of the marriage as defined by the Divorce Act (Canada) | ||
| [ ] The children of the marriage are: | ||
| Full name: | Birth date: [dd/mmm/yyyy] | Resides with: |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
If a party to a divorce claim is represented by a lawyer, the following certificate must be completed.
LAWYER'S CERTIFICATE (DIVORCE ACT (CANADA), s. 9)
I, ................................, lawyer for ................[name of party]................ certify that I have complied with section 9 of the Divorce Act (Canada), which says:
9 (1) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding
(a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses, and
(b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to him or her that might be able to assist the spouses to achieve a reconciliation, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so.
(2) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding to discuss with the spouse the advisability of negotiating the matters that may be the subject of a support order or a custody order and to inform the spouse of the mediation facilities known to him or her that might be able to assist the spouses in negotiating those matters.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of lawyer |
...........................[type or print name]..........................
|
|
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SCHEDULE 2 — CHILDREN
This is Schedule 2 to the counterclaim of ................[party(ies)]................
1 Identification of child(ren)
I am asking for an order in respect of the following child or children:
| Child's name | Child's
birthdate [dd/mmm/yyyy] |
Child's relationship to the claimant |
Child's relationship to the respondent |
Child habitually resident in BC since [dd/mmm/yyyy] |
Child now living with |
2 Orders sought
| I am asking for the following order(s): [Check the correct
box(es) and complete the required
information.] (a) [ ] an order respecting parenting arrangements for a child or children [Complete sections 3 and 4 below.] (b) [ ] an order for child support [Complete sections 5 to 7 below.] |
3 Current parenting arrangements
| Current parenting arrangements for the child(ren)
are: |
4 Proposed parenting arrangements
| I propose the following parenting arrangements for the
child(ren): ...............[set out terms of proposed order sought in relation to parenting arrangements and include your proposals for custody, guardianship and access]............... I am asking for an order for custody or access under [Check one or both of the following boxes, as applicable.] |
| [ ] the Divorce Act (Canada) [ ] the Family Relations Act |
5 Current child support arrangements
| Current child support arrangements
are: |
6 Income of person being asked to pay child support [Check whichever one of the following boxes is correct and complete any required information.]
| [ ] I do not know the income of the person being asked to
pay child support [ ] I believe that the income of the person being asked to pay child support is $.........., based on these facts: ........................................................................................................................................................ ........................................................................................................................................................ |
7 Proposed child support arrangements [Check the correct box(es) and complete the required information.]
| I am asking for: [ ] support in the amount set out in the child support guidelines table for the following child(ren): ...............[name(s)]............... [ ] special or extraordinary expenses in accordance with section 7 of the child support guidelines for the following child(ren): ...............[name(s)]............... [ ] by consent, an order for support in an amount different than the amount set out in the child support guidelines table for the following child(ren): ..........[name(s)].......... I am asking for an order for child support under [Check one or both of the following boxes, as applicable.] |
| [ ] the Divorce Act (Canada) [ ] the Family Relations Act |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ]filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
| Note to Claimant AND Respondent: you must file financial information (Form F8) if: | ||
| • there is a claim against you for support of a child, OR | ||
| • you are claiming child support unless all of the following conditions apply: | ||
| (a) you are making no claim for any other kind of support; | ||
| (b) you are not applying for special expenses under section 7 of the child support guidelines; | ||
| (c) the child support is for children who are not stepchildren; | ||
| (d) none of the children for whom child support is claimed is 19 years of age or older; | ||
| (e) there is no application for a shared custody order; | ||
| (f) the income of the party being asked to pay child support is under $150 000 per year; | ||
| (g) there is no application for a split custody order; | ||
| (h) you are not making a claim based on undue hardship under section 10 of the child support guidelines. | ||
| If you do not file the financial information that is required, the court may attribute an amount of income to you, and make a support award against you, based on that amount. | ||
|
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SCHEDULE 3 — SPOUSAL SUPPORT
This is Schedule 3 to the counterclaim of ................[party(ies)]................
1 Current arrangements for spousal support
| Our current arrangements for spousal support
are: |
2 Proposed spousal support arrangements [Check the correct box(es) and complete the required information.]
| [ ] I am asking for an order for spousal support as follows: ...............[set out terms of proposed order sought in relation to spousal support]............... |
| [ ] I am asking for an order for spousal support under [Check one or both of the following boxes, as applicable.] |
| [ ] the Divorce Act (Canada) [ ] the Family Relations Act |
3 Income of claimant and respondent
| My gross annual income is $.........., | |
| [Check whichever one of the following boxes is correct and complete any required information.] | |
| [ ] I do not know what my spouse's income is | |
| [ ] I believe that my spouse's gross annual income is $.............., based on these facts: | |
| .................................................................................................................. | |
| .................................................................................................................. | |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
| Note to Claimant AND Respondent: you must file
financial information (Form F8) if there is a claim
by you or against you for spousal support. If you do not file the financial information that is required, the court may attribute an amount of income to you and make a support award against you, based on that income. |
|
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SCHEDULE 4 — PROPERTY
This is Schedule 4 to the counterclaim of ................[party(ies)] ................
1 My claims
| A. Declaration [ ] I am married to ................[name of claimant] ................ and I am asking for a declaration under section 57 of the Family Relations Act that ................[name of claimant] ................ and I have no reasonable prospect of reconciling with each other B Property claims under the Family Relations Act I am asking for an order for: [Check whichever one of the following boxes is correct and complete any required information.] [ ] equal division of family assets, under the Family Relations Act [ ] reapportionment of family assets, as follows and on the following grounds: ...............[set out details of proposed reapportionment and the grounds on which the claim for reapportionment is made]............... C Other property claims [Check the correct box(es) and complete the required information.] I claim: [ ] an interest in the following property: ...............[specify every interest claimed in property and if an interest is claimed in real property, provide the address and legal description of that real property]............... [ ] an order for compensation instead of an interest in the property described as .......................[identify every property for which compensation is claimed and if compensation is claimed for real property, provide the address and legal description of that real property]...................... on the following grounds: ...............[set out the grounds on which any claim under this paragraph for interest or compensation is based]............... |
2 Certificate of Pending Litigation
| [ ] I am applying for a Certificate of Pending Litigation to be registered against the following real property: ...............[provide the legal description of every real property against which a Certificate of Pending Litigation is to be registered]............... |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
|
|
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SCHEDULE 5 — OTHER ORDERS
This is Schedule 5 to the counterclaim of ................[party(ies)]................
I am asking for the following orders:
[Check the correct box(es) and complete the required information.]
[ ] an order under the Name Act that my name be changed from ................[current full legal name]................ to ................[full new name]................
[ ] the following orders under the Family Relations Act [Using numbered paragraphs, set out any other orders sought under the Family Relations Act that are not referred to in Schedules 1 to 4 and the sections of that Act under which those orders are sought.]
1
2
[ ] other orders [Using numbered paragraphs, set out terms of other proposed orders and the authority under which those orders are sought.]
1
2
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
|
|
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
RESPONSE TO COUNTERCLAIM
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: ................[party(ies)]................
1 Response to information in counterclaim
| My position regarding the information set out in the counterclaim is as follows: [Check the correct box(es) and complete the required information.] | |
| [ ] Schedule 1: | |
| [ ] The information set out in sections 1, 2, 3, 4 and 5 of Schedule 1 to the counterclaim is correct. | |
| [ ] The information set out in sections 1, 2, 3, 4 and 5 of Schedule 1 to the counterclaim is not correct in the following respects: ...............[identify the information you say is not correct and set out the information you say is correct]............... | |
| [ ] Schedule 2: | |
| [ ] The information set out in sections 1, 3, 5 and 6 of Schedule 2 to the counterclaim is correct. | |
| [ ] The information set out in sections 1, 3, 5 and 6 of Schedule 2 to the counterclaim is not correct in the following respects: ...............[identify the information you say is not correct and set out the information you say is correct]............... | |
| [ ] Schedule 3: | |
| [ ] The information set out in sections 1 and 3 of Schedule 3 to the counterclaim is correct. | |
| [ ] The information set out in sections 1 and 3 of Schedule 3 to the counterclaim is not correct in the following respects: ...............[identify the information you say is not correct and set out the information you say is correct]............... | |
2 Response to claims in counterclaim:
| This is my response to claims made against me in the Schedules to the counterclaim: | ||
| [For each of the claims identified below that are made in the notice of family claim, indicate whether you agree or disagree with that claim by checking the correct box opposite that claim.] | ||
| Claim for divorce (Schedule 1, section 2) | [ ] Agree | [ ] Disagree |
| Parenting arrangements (Schedule 2, section 4) | [ ] Agree | [ ] Disagree |
| Child support (Schedule 2, section 7) | [ ] Agree | [ ] Disagree |
| Spousal support (Schedule 3, section 2) | [ ] Agree | [ ] Disagree |
| Division of family assets (Schedule 4, section 1) | [ ] Agree | [ ] Disagree |
| Other property claim(s) (Schedule 4, section 1) | [ ] Agree | [ ] Disagree |
| Other orders (Schedule 5) [identify each claim made in Schedule 5 of the notice of family claim and indicate whether you agree or disagree with that claim by checking the correct box opposite that claim] | ||
| [claim] | [ ] Agree | [ ] Disagree |
| [claim] | [ ] Agree | [ ] Disagree |
3 My address for service is [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
| Address for Service: Fax (optional) E-mail (optional) |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
| Note to Claimant AND Respondent: You may be
required to file financial information (Form F8) if
there is a claim by you or against you for support of a child, spouse or
parent. See the note at the end of Schedules 1 and 2 of the counterclaim
for details. If you do not file the financial information that is required, the court may attribute an amount of income to you and make a support award against you, based on that amount. |
|
|
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF WITHDRAWAL IN FAMILY LAW CASE IN WHICH A DIVORCE IS CLAIMED
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
TAKE NOTICE that ................[party(ies)]................ withdraw(s)
[Check the correct box(es) and complete any required information.]
[ ] the whole of my/their
[ ] notice of family claim
[ ] response to family claim
[ ] counterclaim
[ ] response to counterclaim
[OR]
[ ] the following part(s) of my/their
[ ] notice of family claim
[ ] response to family claim
[ ] counterclaim
[ ] response to counterclaim
................[describe the part(s) withdrawn]................
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] withdrawing party [ ] lawyer for withdrawing party(ies) |
...........................[type or print name]..........................
|
|
Form F8 (Rule 5-1 and 7-1 (8), 10) and (11) )
This is the ......[1st/2nd/3rd/etc.]...... affidavit
of
..............[name].............. in this case
and was made on
.........[dd/mmm/yyyy].........
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
FINANCIAL STATEMENT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| Instructions For Completion | |
| You do not need to complete this form if ALL of the following apply: | |
| (a) you are applying for child support but are making no claim for any other kind of support; | |
| (b) you are not applying for special expenses under section 7 of the child support guidelines; | |
| (c) the child support is for children who are not stepchildren; | |
| (d) none of the children for whom child support is claimed is 19 years of age or older; | |
| (e) there is no application for a shared custody order; | |
| (f) the income of the party being asked to pay child support is under $150 000 per year; | |
| (g) there is no application for a split custody order; | |
| (h) you are not making a claim based on undue hardship under section 10 of the child support guidelines. | |
| Unless ALL of the conditions above apply, you must swear the following affidavit and complete the Parts of this Form that the following chart indicates apply to you. | |
This Form has 6 Parts. You may not have to complete all Parts. Which Parts you have to complete depends on which categories of application apply to you as set out in the following chart.
Please check off each of the Items, 1 through 8, that apply to you and then complete the Parts that are noted for those Items. Each required Part need be completed only once regardless of the number of applicable Items for which it is required.
| Item | Category | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | |
| 1 | [ ] | I am applying for spousal or parental support. | • | • | • | |||
| 2 | [ ] | I am being asked to pay spousal or parental support. | • | • | • | |||
| 3 | [ ] | I am being asked to pay child support and all of the following
conditions apply: (a) there is no claim for special expenses under section 7 of the child support guidelines; (b) the child support is only for children who are not stepchildren; (c) none of the children for whom child support is claimed is 19 years of age or older; (d) there is no application for a shared custody order; (e) my income is under $150 000 per year; (f) there is no claim based on undue hardship under section 10 of the child support guidelines. |
• | |||||
| 4 | [ ] | I am applying for or being asked to pay child support and one or
more of the following conditions apply: (a) one or more of the children is a stepchild; (b) one or more of the children for whom child support is claimed is 19 years of age or older; (c) there is an application for shared custody; (d) the income of the party being asked to pay child support is more than $150 000 per year. |
• | • | • | |||
| 5 | [ ] | I am being asked to pay child support and I intend to make a hardship claim under the child support guidelines. | • | • | • | • | • | |
| 6 | [ ] | I am applying for child support and the opposite party intends to make a hardship claim under the child support guidelines. | • | • | • | • | ||
| 7 | [ ] | Either I claim child support or I am being asked to pay child support and there is a claim for special expenses under section 7 of the child support guidelines. | • | • | • | • | ||
| 8 | [ ] | I am making or responding to a property claim under Part 5 of the Family Relations Act. | • |
I, ................[name]................, of ...............[address for service]..............., SWEAR (OR AFFIRM) THAT:
1 The information set out in this financial statement is true and complete to the best of my knowledge.
[Check whichever of the following boxes is correct and complete any required information.]
2 [ ] I do not anticipate any significant changes in the information set out in this financial statement.
[ ] I anticipate the following significant changes in the information set out in this financial statement:
.......................................................................................................................................................
SWORN (OR AFFIRMED) BEFORE )
ME at ............................, British Columbia )
| on ................[dd/mmm/yyyy].................. ) | ............................................................................ |
| .................................................................. | ) |
| A commissioner for taking | ) |
| affidavits for British Columbia | ) |
....[print name or affix stamp of commissioner]....
PART 1 — INCOME
A Employer information:
[ ] I am employed by ................[name and address of employer]................
[ ] I am self employed as ................[trade or occupation]................
[ ] I operate an unincorporated business, the name and address of which is ................[name and address of business]................
B Documentation supplied:
I have attached to this statement or serve with it a copy of each of the following applicable income documents [Check the first 2 boxes and check each other box that applies to you and provide the documents referred to beside each checked box.]:
[ ] every personal income tax return, including all attachments, that I have filed for each of the 3 most recent taxation years;
[ ] every income tax notice of assessment or reassessment I have received for each of the 3 most recent taxation years;
[ ] [if you are an employee] my most recent statement of earnings indicating the total earnings paid in the year to date, including overtime, or, if such a statement is not provided by my employer, a letter from my employer setting out that information, including my rate of annual salary or remuneration;
[ ] [if you are receiving Employment Insurance benefits] my 3 most recent EI benefit statements;
[ ] [if you are receiving Workers' Compensation benefits] my 3 most recent WCB benefit statements;
[ ] [if you are receiving social assistance] a statement confirming the amount of social assistance that I receive;
[ ] [if you are self-employed] for the 3 most recent taxation years
(i) the financial statements of my business or professional practice, other than a partnership, and
(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom I do not deal at arm's length;
[ ] [if you are in a partnership] confirmation of my income and draw from, and capital in, the partnership for its 3 most recent taxation years;
[ ] [if you control a corporation] for the corporation's 3 most recent taxation years
(i) the financial statements of the corporation and its subsidiaries, and
(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation and every related corporation does not deal at arm's length;
[ ] [if you are a beneficiary under a trust] the trust settlement agreement and the trust's 3 most recent financial statements;
[ ] [if you own or have an interest in real property] the most recent assessment notice issued from an assessment authority for the property.
| NOTE: | |
| If the applicable income documents are not attached to or served with this financial statement, they must nonetheless be provided to the other party if and as required by Rule 5-1 of the Supreme Court Family Rules. |
C Annual Income
If line 150 (total income) of your most recent federal income tax return sets out what you expect your income will be for this year and you are not obliged under Note 1 below to complete Schedule A of this Form, ignore lines 1 to 7 below and record the number from line 150 of your most recent federal income tax return at line 8 below. Otherwise, record what you expect your income for this year to be from each of the following sources of income that applies to you. Record gross annual amounts.
| LINE | GUIDELINE INCOME FOR BASIC CHILD SUPPORT CLAIM | ||
| Sources and amounts of annual income | |||
| 1 | Employment income ($..........) paid: [ ] monthly / [ ] twice each month / [ ] every 2 weeks) | + | |
| 2 | Employment insurance benefits | + | |
| 3 | Workers' compensation benefits | + | |
| 4 | Interest and investment income | + | |
| 5 | Pension income | + | |
| 6 | Social assistance income relating to self | + | |
| 7 | Other income (attach Schedule A) — see Note 1 | + | |
| 8 | Child support guidelines income before
adjustments [If you are required to complete lines 1 through 7 above, total the amounts of those lines here. Otherwise, record the number from line 150 of your most recent federal income tax return] |
= | |
| Adjustments to income | |||
| 9 | Subtract union and professional dues | — | ( ) |
| 10 | Adjustments in accordance with Schedule III of the child support guidelines per line 8 of Schedule B (attached) – see Note 2 | + — |
( ) |
| 11 | Child support guidelines income for basic child
support (line 8 as adjusted by lines 9 and 10) |
= | |
| CHILD SUPPORT GUIDELINE INCOME TO DETERMINE SPECIAL EXPENSES | |||
| Child support guidelines income (from line 11 of this table) | |||
| 12 | Add spousal support received from the other party to the family law case | + | |
| 13 | Subtract spousal support paid to the other party to the family law case | — | ( ) |
| 14 | Add Universal Child Care Benefits relating to children for whom special or extraordinary expenses are sought | + | |
| 15 | Child support guidelines income to determine special
expenses (line 11 as adjusted by lines 12, 13 and 14) |
= | |
| INCOME TO BE INCLUDED FOR SPOUSAL OR PARENTAL SUPPORT CLAIM | |||
| Child support guidelines income (from line 11 of this table) | |||
| 16 | Total child support received | + | |
| 17 | Social assistance received for other members of household | + | |
| 18 | Child Tax Benefit and BC Family Bonus | + | |
| 19 | Total income to be used for a spousal or parental support
claim (line 11 plus lines 16, 17 and 18) |
= |
Note:
1 You must complete Schedule A of this Form and include, at line 7 above, the total income recorded at line 11 of Schedule A, if you expect to receive income this year from any of the following sources:
(a) taxable dividends from Canadian corporations;
(b) net partnership income (limited or non-active partners only);
(c) rental income;
(d) taxable capital gains;
(e) registered retirement savings income;
(f) self-employment income;
(g) any other taxable income that is not included in paragraphs (a) to (f) or in lines 1 to 5 of Schedule A.
2 If there are any adjustments as set out in Schedule III of the child support guidelines that apply to you, you must
(a) complete Schedule B of this Form, and
(b) include at line 10 above, the amount recorded at line 8 of that completed Schedule B.
SCHEDULE A — OTHER INCOME
| LINE | OTHER SOURCES OF INCOME | |||
| 1 | Self employment income: Gross = $..........; | |||
| Net = $.......... | + | |||
| Note: Provide financial statements of the business, including any statement of business activities filed as part of your income tax return | ||||
| 2 | Other employment income | + | ||
| 3 | Net partnership income: limited or non-active partners only | + | ||
| 4 | Rental income: Gross = $..........; | |||
| Net = $.......... | + | |||
| 5 | Total amount of dividends from Taxable Canadian Corporations | + | ||
| 6 | Total capital gains ($..........) | |||
| minus total capital losses ($..........) = | + | |||
| 7 | Spousal support from another relationship or marriage | + | ||
| 8 | Registered retirement savings plan income | + | ||
| 9 | Net federal supplements | + | ||
| 10 | Any other income | + | ||
| 11 | Total of lines 1 through 10 | + | ||
SCHEDULE B — ADJUSTMENTS TO INCOME
| LINE | DEDUCTIONS | ||||
| 1 | Employment expenses, other than union or professional dues, claimed under Schedule III of the child support guidelines [list] | — | |||
| • ............................................. $.......... | |||||
| • ............................................. $.......... | |||||
| Total $.......... | |||||
| 2 | Actual business investment losses during the year | — | |||
| 3 | Carrying charges and interest expenses paid and deductible under the Income Tax Act (Canada): [list] | — | |||
| • ............................................. $.......... | |||||
| • ............................................. $.......... | |||||
| Total $.......... | |||||
| 4 | Prior period earnings ($..........) minus reserves ($..........) = | — | |||
| 5 | Portion of partnership and sole proprietorship income required to be re-invested | — | |||
| ADDITIONS | |||||
| 6 | Capital cost allowance for real property | + | |||
| 7 | Employee stock options in Canadian-controlled private corporations exercised: value of shares when options exercised ($..........) minus amount paid for shares ($..........) minus amount paid to acquire option ($..........) = | + | |||
| 8 | Total adjustments | ||||
PART 2 — MONTHLY EXPENSES
| Monthly | ||
| Compulsory deductions | ||
| CPP contributions | ||
| EI premiums | ||
| Income taxes | ||
| Employee pension contributions | ||
| Other [specify] | ||
| Compulsory Deductions Sub-total | ||
| Housing | ||
| Rent or mortgage | ||
| Property taxes | ||
| Property insurance | ||
| Water, sewer, garbage | ||
| Strata fees | ||
| House repairs and maintenance | ||
| Other [specify] | ||
| Housing Sub-total | ||
| Utilities | ||
| Heat and electricity | ||
| Telephone | ||
| Cellular telephone | ||
| Cable TV | ||
| Internet service | ||
| Other [specify] | ||
| Utilities Sub-total | ||
| Household expenses | ||
| Food | ||
| Household supplies | ||
| Meals outside the home | ||
| Furnishings and equipment | ||
| Other [specify] | ||
| Household expenses Sub-total | ||
| Transportation | ||
| Public transit, taxis | ||
| Gas and oil | ||
| Car insurance and licence | ||
| Parking | ||
| Repairs and maintenance | ||
| Lease payments | ||
| Other [specify] | ||
| Transportation Sub-total | ||
| Other | ||
| Charitable donations | ||
| Vacation | ||
| Pet care | ||
| Newspapers, publications | ||
| Other [specify] | ||
| Other Sub-total | ||
| Health | ||
| MSP premiums | ||
| Extended health premiums | ||
| Dental plan premiums | ||
| Health care (net of coverage) | ||
| Drugs (net of coverage) | ||
| Dental care (net of coverage) | ||
| Other [specify] | ||
| Health Sub-total | ||
| Personal | ||
| Clothing | ||
| Hair care | ||
| Toiletries, cosmetics | ||
| Education [specify] | ||
| Life insurance | ||
| Dry cleaning/laundry | ||
| Entertainment/recreation | ||
| Gifts | ||
| Other [specify] | ||
| Personal Sub-total | ||
| Children | ||
| Child care | ||
| Clothing | ||
| Hair care | ||
| School fees and supplies | ||
| Entertainment/recreation | ||
| Activities and lessons | ||
| Gifts | ||
| Insurance | ||
| Other [specify] | ||
| Children Sub-total | ||
| Savings | ||
| RRSP | ||
| RESP | ||
| Other [specify] | ||
| Savings Sub-total | ||
| Support payments to others | ||
| [specify] | ||
| Support payments to others Sub-total | ||
| Debt payments | ||
| [specify minimum monthly payments] | ||
| Debt payments Sub-total | ||
| TOTAL MONTHLY EXPENSES | ||
| TOTAL ANNUAL EXPENSES [multiply TOTAL MONTHLY EXPENSES by 12] |
||
PART 3 — PROPERTY
ASSETS
| Assets | Details | Date Acquired [dd/mmm/yyyy] |
Value | |
| 1 Real estate • Attach a copy of the most recent assessment notice for any property that you own or in which you have an interest. • Provide details, including address or legal description and nature of interest, of any interest you have in land, including leasehold interests and mortgages, whether or not you are registered as owner. • Record the estimated market value of your interest without deducting encumbrances or costs of disposition. [Record encumbrances under DEBTS below.] |
||||
| Real estate Sub-total | ||||
| 2 Vehicles • List cars, trucks, motorcycles, trailers, motor homes, boats, etc. |
||||
| Vehicles Sub-total | ||||
| 3 Financial assets • List savings and chequing accounts, term deposits, GIC's, stocks, bonds, Canada Savings Bonds, mutual funds, insurance policies [indicate beneficiaries], accounts receivable, etc. • Record account number and name of institution where accounts are held. |
||||
| Financial assets Sub-total | ||||
| 4 Pensions and RRSP's • Record name of institution where accounts are held, name and address of pension plan and pension details. |
||||
| Pensions and RRSP's Sub-total | ||||
| 5 Business interests • List any interest you hold, directly or indirectly, in any unincorporated business, including partnerships, trusts and joint ventures. • List any interests you hold in incorporated businesses. • Record the name and address of the company. |
||||
| Business interests Sub-total | ||||
| 6 Other • Include precious metals, collections, works of art and any jewellery or household items of extraordinary value. • Include location of safety deposit boxes. |
||||
| Other Sub-total | ||||
| TOTAL | ||||
DEBTS
Show your debts and other liabilities, whether arising from personal or business dealings, by category, such as mortgages, charges, liens, notes, credit cards, accounts payable and tax arrears. Include contingent liabilities such as guarantees and indicate that they are contingent.
| Debt | Details | Date Incurred [dd/mmm/yyyy] |
Amount | |
| Secured debts • Mortgages • Other (specify) |
||||
| Secured debts Sub-total | ||||
| Unsecured debts • Bank loans • Personal loans • Credit cards [list] • Other [specify] |
||||
| Unsecured debts Sub-total | ||||
| TOTAL | ||||
DISPOSAL OF PROPERTY
List all real and personal property disposed of during the 2 years preceding this statement or, if the parties married within that 2 year period, since the date of marriage.
| Description [describe the property disposed of] |
Date of
Disposal [dd/mmm/yyyy] |
Value |
PART 4 — SPECIAL OR EXTRAORDINARY EXPENSES
Note:
1 Provide a separate statement under this Part 4 for each child for whom a claim is made.
2 To calculate a net amount, subtract, from the gross amount, subsidies, benefits, income tax deductions or credits relating to the expense.
| Name of child: | Annual Gross |
Annual Net | Monthly Gross |
Monthly Net |
| Child care expenses | ||||
| Medical/dental insurance premiums attributable to child | ||||
| Health related expenses that exceed insurance reimbursement by at least $100 | ||||
| Extraordinary expenses for primary or secondary school | ||||
| Post-secondary education expenses | ||||
| Extraordinary extracurricular expenses [list] | ||||
| Subtract contributions from child | ( ) | ( ) | ( ) | ( ) |
| TOTAL |
PART 5 — UNDUE HARDSHIP
| 1 Responsibility for unusually high debts reasonably incurred to support the family prior to separation or in order to earn a living | ||
| Owed to: | Terms of debt: | Monthly Amount |
| • [list] | • [provide details] | $.......... |
| Total | $.......... | |
| 2 Unusually high expenses for exercising access to a child | ||
| Details of expense | Amount | |
| • [list] | $.......... | |
| Total | $.......... | |
| 3 Legal duty under a court order or separation agreement to support another person | ||
| Name of person | Relationship | Nature of duty |
| 4 Legal duty to support a child, other than a child for whom
support is claimed, who is (a) under age 19, or (b) 19 or older but unable to support himself or herself because of illness, disability or other cause |
||
| Name of person | Relationship | Nature of duty |
| 5 Legal duty to support a person who is unable to support himself or herself because of illness or disability | ||
| Name of person | Relationship | Nature of duty |
| 6 Other undue hardship circumstances [provide details] | ||
PART 6 — INCOME OF OTHER PERSONS IN HOUSEHOLD
| Name of person | Annual income |
| Total |
|
|
Court File No.: ........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
AGREEMENT AS TO ANNUAL INCOME
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
The parties agree that the income of the payor, ........[name of party who will pay child support]........, for the purposes of the child support guidelines is $..... per year.
| Date: ....................[dd/mmm/yyyy].................... | Date:....................[dd/mmm/yyyy].................... |
| ........................................................................ Signature of payor |
....................................................................... Signature of recipient |
Note:
There must be filed in the registry, with this Form F9, a copy of the most recent personal income tax return filed by the payor and a copy of the most recent income tax assessment he or she received, but if one or both of those documents is unavailable, there must be filed with this Form F9 whichever of those documents is available, if any, along with an affidavit
(a) explaining why the unfiled documents are not available, and
(b) providing evidence to satisfy the court that the amount of income and child support agreed to by the parties is reasonable.
|
|
Form F10 (Rule 6-1 (3) and 8-2 (10) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF ADDRESS FOR SERVICE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
The address for service of ................[party(ies)]................ is:
[Check whichever of the following boxes is correct and complete the required information.]
[ ] I am represented by a lawyer in the family law case.
| Name and office address of party's lawyer: [this must be an accessible address] | |
| Additional addresses for service (optional) | |
| Lawyer's fax number: | |
| Lawyer's e-mail address: | |
[OR]
[ ] I am not represented by a lawyer in the family law case.
| Residential address or business address: [this must be an accessible address] | |
| [If the residential address or business address noted above is more than 30 kilometres from the registry, the party must provide at least one of the following in addition to the address noted above. In any case, the party may provide one or more of the following as additional addresses for service.] | |
| Postal address in British Columbia: | |
| Fax number: | |
| E-mail address: | |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
Rule 1-1 (1) of the Supreme Court Family Rules defines "accessible address" as follows:
""accessible address"" means an address that describes a unique and identifiable location in British Columbia that is accessible to the public during normal business hours for the delivery of documents;
|
|
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE FOR PUBLICATION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ........................[party(ies)]........................
TAKE NOTICE THAT on ........[dd/mmm/yyyy]........ an order was made for service on you of a ........[notice of family claim/counterclaim/petition]........ issued from the ................[location]................ Registry of the Supreme Court of British Columbia in family law case number ........[registry number]........ by way of this advertisement.
In the family law case, the ........[claimant/respondent/petitioner]........ claims the following relief against you: ........[describe the relief claimed; e.g. divorce, custody of children, child support, spousal support, division of family assets or other property relief]........ .
You must file a ........[response to family claim/response to counterclaim/response to petition]........ within 30 days after the date of the publication of this notice [OR, if the court orders a different period, within .....number of days set out in order].... after the date of the publication of this notice] failing which further proceedings may be taken against you without notice to you.
You may obtain a copy of the ....[notice of family claim/counterclaim/petition].... and the order for service by advertisement from the ................[location]................ Registry, at ................[address]................ .
........................................................................
Name
of party
........................................................................
Address
for service
|
|
REQUEST
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL DOCUMENTS
Convention on the Service Abroad of Judicial and Extrajudicial
Documents
in Civil or Commercial Matters,
signed at The Hague, November
15, 1965.
|
|
The undersigned applicant has the honour to transmit – in duplicate – the documents listed below and, in conformity with Article 5 of the Convention, requests prompt service of one copy thereof on the addressee, i.e., ........................................................[identity and address]........................................................
(a) in accordance with the provisions of subparagraph (a) of the first paragraph of Article 5 of the Convention*.
(b) in accordance with the following particular method (subparagraph (b) of the first paragraph of Article 5*) .......................................................................................................................................... .
(c) by delivery to the addressee, if he or she accepts it voluntarily (second paragraph of Article 5*).
The authority is requested to return or to have returned to the applicant a copy of the documents – and of the annexes* – with a certificate as provided in Form F14.
| List of documents: | |
| .................................................................. | Done at ............................................................... |
| .................................................................. | ...........................[dd/mmm/yyyy]........................... |
| .................................................................. | |
| .................................................................. | Signature and/or stamp. |
| .................................................................. |
*Delete if inappropriate.
|
|
NOTICE AND SUMMARY OF DOCUMENT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| Identity and address of the
addressee |
IMPORTANT
The enclosed document is of a legal nature and may affect your rights and obligations. The "summary of the document to be served" will give you some information about its nature and purpose. You should, however, read the document itself carefully. It may be necessary to seek legal advice.
If your financial resources are insufficient, you should seek information on the possibility of obtaining legal aid or advice either in the country where you live or in the country where the document was issued.
Inquiries about the availability of legal aid or advice in the country where the document was issued may be directed to:
Legal Services Society
Suite 400 – 510 Burrard Street
Vancouver,
BC V6C 3A8
(Phone) (604) 601-6000
Summary of document to be served ...............................................................................................................
Name and address of the requesting authority ...............................................................................................
.......................................................................................................................................................................
*Particulars of the parties ..............................................................................................................................
.......................................................................................................................................................................
**Judicial document
Nature and purpose of the document .............................................................................................................
Nature and purpose of the proceedings and if appropriate the amount in dispute ........................................
.......................................................................................................................................................................
.......................................................................................................................................................................
**Date and place for entering appearance.....................................................................................................
.......................................................................................................................................................................
.......................................................................................................................................................................
**Court which has given judgment ...............................................................................................................
**Date of judgment .......................................................................................................................................
**Time limits stated in the document ............................................................................................................
.......................................................................................................................................................................
**Extrajudicial document
Nature and purpose of the document .............................................................................................................
.......................................................................................................................................................................
**Time limits stated in the document ............................................................................................................
.......................................................................................................................................................................
*If appropriate, identity and address of the person interested in the transmission of the document.
**Delete if inappropriate.
|
|
CERTIFICATE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
The undersigned authority has the honour to certify, in conformity with Article 6 of the Convention.
1 That the document has been served*
– the ....................[dd/mmm/yyyy]....................
– at ....................[place, street, number]....................
– in one of the following methods authorized by Article 5 –
(a) in accordance with the provisions of subparagraph (a) of the first paragraph of Article 5 of the Convention*
(b) in accordance with the following particular method*: ..............................................
(c) by delivery to the addressee, who accepted it voluntarily*.
The documents referred to in the request have been delivered to:
– [relationship of person to addressee (family, business or other)]*
2 That the document has not been served, by reason of the following facts*:
.............................................................................................................................................................
In conformity with the second paragraph of article 12 of the Convention, the applicant is requested to pay or reimburse the expenses detailed in the attached statement*.
Annexes
| Documents returned: | |
| ................................................................. | Done at ..................................................................... |
| .................................................................. | the...........................[dd/mmm/yyyy]............................ |
| In appropriate cases, documents establishing the service: ........................... | Signature and/or stamp. |
*Delete if inappropriate.
|
|
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
AFFIDAVIT OF PERSONAL SERVICE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:
1 On ........[dd/mmm/yyyy]........, at ........[time of day]........, I served ........[name of person served]........ with the ........[type of document, e.g. notice of family claim, petition, etc.]........ in this family law case, a copy of which is attached to this affidavit and marked as Exhibit A, by handing it to and leaving it with that person.
[In the case of service of a notice of family claim or counterclaim in which a divorce is claimed, check whichever one of the following boxes is correct and complete the required information.]
[ ] 2 I know the person served because ................[set out the means of knowledge]................ .
[OR]
[ ] 2 I know the person served because ................[set out the means of knowledge]................ and attached to this affidavit and marked as Exhibit B is a photograph that is a true likeness of the person I served.
[OR]
[ ] 2 I do not know the person served and [State the means by which the person who was served was identified by checking one or both of the following boxes and providing the required information.]
[ ] the person I served produced the following identification containing a photograph that was a true likeness of the person I served: ................[specify form of identification produced – e.g. "B.C. Drivers License No. XXX"]................
[ ] attached to this affidavit and marked as Exhibit B is a photograph that is a true likeness of the person I served and I am informed by ................[name]................ that Exhibit B is a photograph of ................[name of person served]................[If this box is checked, the person who provided the information on the identity of the person served must file an affidavit to confirm that information.]
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... | ) | ............................................................................ |
| ) | ||
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) |
....[print name or affix stamp of commissioner]....
|
|
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
AFFIDAVIT OF ORDINARY SERVICE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, ................[name]................, of ....................[address]...................., ................[occupation]................, SWEAR (OR AFFIRM) THAT:
On ................[dd/mmm/yyyy]................, at ................[time of day]................, I served ................[name of person served]................ with the ................[type of document, e.g. notice of family claim, petition, etc.]................ in this family law case, a copy of which is attached to this affidavit and marked as Exhibit A, by ................[state means of service]................ .
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... | ) | ............................................................................ |
| ) | ||
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) |
....[print name or affix stamp of commissioner]....
|
|
Form F17 (Rules 6-6 (1), 7-1 (5), 7-2 (1), 10-6 (19.1) and (20), 10-9 (2), 14-3 (7), 15-6 (25), 17-1 (16.1) and (17), 20-5 (3), 22-2 (9), 22-4 (10) and 22-6 (5) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
REQUISITION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: ........................[party(ies)]........................
Required:
This requisition is supported by the following:
[Include a description of supporting document(s). Each affidavit included on the list must be identified as follows: "Affidavit #.....[sequential number, if any, recorded in the top right hand corner of the affidavit]..... of ...............[name]..............., made ........[dd/mmm/yyyy]........"]
1
2
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name].....................
|
|
CERTIFICATE OF SERVICE BY SHERIFF
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, ................................, certify that on ........[dd/mmm/yyyy]........, at ........[time of day]........, I left a copy of this document at ................[specify place of service]................ with ................................
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of sheriff or deputy sheriff |
|
|
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF JUDICIAL CASE CONFERENCE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: ........................[party(ies)]........................
TAKE NOTICE THAT a judicial case conference will be held at the following place, date and time:
| Address of courthouse: | |
| Date: [dd/mmm/yyyy] | |
| Time: |
The parties and their lawyers are required to attend.
The purpose of the judicial case conference is to consider matters, set out in Rule 7-1 (15) of the Supreme Court Family Rules, that may aid in the settlement or other disposition of the family law case.
At the judicial case conference, the judge or master may give directions concerning the conduct of the family law case generally in accordance with Rule 7-1 (15) of the Supreme Court Family Rules.
TAKE NOTICE that no notice of application or affidavit in support of an application may be served on another party unless a judicial case conference has been conducted (except applications under section 57 or 67 or the Family Relations Act, applications by consent, applications without notice and applications to change final orders).
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name].....................
|
|
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
LIST OF DOCUMENTS
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Prepared by: ................[party]................ (the "listing party")
Part 1: DOCUMENTS THAT ARE OR HAVE BEEN IN THE LISTING PARTY’S POSSESSION OR CONTROL AND THAT COULD BE USED BY ANY PARTY AT TRIAL TO PROVE OR DISPROVE A MATERIAL FACT
[Do not include documents listed under Part 2, 3 or 4.]
| No. | Date of
document [dd/mmm/yyyy] |
Description of document | Indicate by a check mark if
the document is no longer in the listing party's possession or control |
Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 9-1 (6), (9) or (11), the date on which the document was listed |
| 1.1 | [ ] | |||
| 1.2 | [ ] |
Part 2: OTHER DOCUMENTS TO WHICH THE LISTING PARTY INTENDS TO REFER AT TRIAL
[Do not include documents listed under Part 1, 3 or 4.]
| No. | Date of document [dd/mmm/yyyy] |
Description of document | Indicate by a check mark if the document is no longer in the listing party’s possession or control | Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 9-1 (6), (9) or (11), the date on which the document was listed |
| 2.1 | [ ] | |||
| 2.2 | [ ] |
Part 3: DOCUMENTS THAT RELATE TO A MATTER IN QUESTIONS IN THE ACTION
[List here all documents that are listed in response to a demand under Rule 9-1 (8) of the Supreme Court Family Rules, and all documents that are listed in response to a court order under Rule 9-1 (11) of the Supreme Court Family Rules, that have not been listed under Part 1 or 2. Do not include documents listed under Part 1, 2 or 4.]
| No. | Date of document [dd/mmm/yyyy] |
Description of document | Indicate by a check mark if the document is no longer in the listing party's possession or control | Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 9-1 (6), (9) or (11), the date on which the document was listed |
| 3.1 | [ ] | |||
| 3.2 | [ ] |
Part 4: DOCUMENTS FOR WHICH PRIVILEGE FROM PRODUCTION IS CLAIMED
| No. | Date of document [dd/mmm/yyyy] |
Description of document | Grounds on which privilege is claimed | Indicate, for each document listed in this Part by way of an amendment to this List of Documents under Rule 9-1 (6), (9) or (11), the date on which the document was listed |
| 4.1 | ||||
| 4.2 |
TAKE NOTICE that the documents listed in Part 1, 2 or 3 of this List of Documents that are not shown as no longer being in the listing party's possession or control may be inspected and copied, during normal business hours, at ................[specify location]................ .
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] listing party [ ] lawyer for listing party(ies) |
...........................[type or print name]........................
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
APPOINTMENT TO EXAMINE FOR DISCOVERY
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ..........[name of person to be examined]..........
TAKE NOTICE that you are required to attend for your examination for discovery at the place, date and time set out below. If you are not a named party, or a representative of a named party, to this family law case, you must, unless the court otherwise orders, bring with you all documents in your possession or control, not privileged, relating to the matters in question in this family law case.
Place: .......................................................
Date: ................[dd/mmm/yyyy].................
Time: .......................................................
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] party wishing to conduct examination [ ] lawyer for party(ies) wishing to conduct examination |
...........................[type or print name]......................
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
INTERROGATORIES
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Interrogatories on behalf of ................[party(ies)] ................ for the examination of ................[person(s) required to answer] ................:
[Set out numbered questions to be answered specifying the person to answer, if the questions are directed to more than one person.]
1
2
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] party serving interrogatories [ ] lawyer for party(ies) serving interrogatories |
...........................[type or print name]......................
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Form F23 (Rules 9-4 (5), 9-7 (5) and 14-7 (32) and (36) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SUBPOENA TO WITNESS
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ......................[name and address]......................
TAKE NOTICE that you are required to attend to testify as a witness at the place, date and time set out below. You are also required to bring with you all documents in your possession or control relating to the matters in question in this family law case [and, if applicable, the following physical objects]:
Place: .......................................................
Date: ................[dd/mmm/yyyy].................
Time: .......................................................
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] party serving subpoena [ ] lawyer for party(ies) serving subpoena |
...........................[type or print name]......................
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE TO ADMIT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ......................[party(ies)]......................
TAKE NOTICE that the ......................[party(ies)]......................, ......................[name(s) of party(ies)]......................, requests the ......................[party(ies)]......................, ......................[name(s) of party(ies)]......................, to admit, for the purpose of this family law case only, the facts set out below and the authenticity of the documents referred to below, copies of which are attached.
AND TAKE NOTICE that, unless the court otherwise orders, if the party to whom this notice is directed does not serve a written statement, as provided in Rule 9-6 (2) of the Supreme Court Family Rules, within 14 days after service of a copy of this notice on him or her, then the truth of the facts and the authenticity of the documents will be deemed to be admitted.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] party serving notice to admit [ ] lawyer for party(ies) serving notice to admit |
...........................[type or print name]..........................
The facts, the admission of which is requested, are: [Set out facts, using a separate numbered paragraph for each fact requested to be admitted.]
1
2
The documents, the authenticity of which admission is requested, are: [List documents and attach copies of the documents to this notice to admit.]
1
2
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ORDER FOR EXAMINATION OF PERSONS
OUTSIDE THE JURISDICTION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| THE HONOURABLE JUSTICE | ||||
| BEFORE | or | .....[dd/mmm/yyyy]..... | ||
| MASTER |
THE APPLICATION of ................[party(ies)]...................., coming on before me on ........[dd/mmm/yyyy]........, and on hearing ......................[name of party/lawyer]...................... and ......................[name of party/lawyer]......................;
THIS COURT ORDERS that:
1 ........................[name].......................... of ......................[address]......................... is appointed an examiner for the purpose of taking the examination, cross-examination and re-examination orally, on oath or affirmation, of ...........[name of person to be examined]............ of ...........[address]............ and ..........[name of person to be examined].............. of ......................[address]...................... and of any other persons as the lawyers or agents of the parties mutually request the examiner in writing to examine, at ............................... in ..........[name of the province, state, or county]..........;
2 the lawyer for the applicant give to the lawyer for each of the other parties ........... days' notice in writing of the date on which the lawyer proposes to send this order to the examiner for execution, and that ........... days after service of the notice the lawyers for the parties respectively exchange the names of their lawyers or agents at ............................... to whom notice relating to the examination of the persons may be sent;
3 ........... days' notice (exclusive of Saturday and Sunday) before the examination of any person must be given by the examiner to the lawyer for or agent of each of the parties and to each person to be examined unless the notice is waived;
4 the examination be conducted in accordance with the enclosed instructions, with such modifications as may be necessary;
5 the depositions, together with any document referred to in them, or certified copy of or extract from the document, be sent promptly by the examiner to the Registrar of the Supreme Court of British Columbia at the courthouse at ......................[address]......................, who must deliver the depositions and documents to the applicants and provide copies to any party on request.
By the Court.
..................................................................................
Registrar
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
INSTRUCTIONS TO EXAMINER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ......................[name and address]......................
You have been appointed Examiner to take the evidence of ........................ . A copy of the order appointing you is attached. The law of British Columbia will apply to the taking of this evidence.
The party wishing to examine ........[name of person to be examined]........ before you is required to serve ........[him/her]........ with a subpoena and tender the proper fees not fewer than ......... days before the date you fix for the examination.
The witness and any interpreter will be sworn or affirmed in accordance with the form set out below.
After the examination has been held and the evidence transcribed and the transcript certified by you as correct, you are to send the deposition and other documents by registered mail to the registrar, courthouse ......................[address]....................... .
Oath (or Affirmation) of Witness
Do you swear that the evidence that you will give in these proceedings will be the truth, the whole truth, and nothing but the truth, so help you God?
OR
Do you affirm that the evidence that you will give in these proceedings will be the truth, the whole truth, and nothing but the truth?
Interpreter's Oath
Will you truly, faithfully and without partiality to any party in this proceeding, and to the best of your ability, interpret and translate any oath or affirmation that will be administered and all questions that may be asked of any witness and his or her answers, so help you God?
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] party [ ] lawyer for party(ies) |
...........................[type or print name]..........................
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ORDER FOR ISSUE OF A LETTER OF REQUEST TO
JUDICIAL AUTHORITY OF
ANOTHER JURISDICTION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
BEFORE THE HONOURABLE JUSTICE ....[dd/mmm/yyyy]....
ON THE APPLICATION of ......................[party(ies)]......................, coming on before me on ........[dd/mmm/yyyy]........, and on hearing ......................[name of party/lawyer]...................... and ......................[name of party/lawyer]......................;
THIS COURT ORDERS that:
1 the attached letter of request be issued;
2 the registrar, on receipt of the deposition taken under the letter of request, must deliver them to the applicant and provide copies to any party on request.
By the Court.
..................................................................................
Registrar
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
LETTER OF REQUEST FOR EXAMINATION
OF WITNESS OUT OF
JURISDICTION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To the judicial authority of .............................. in the .............................. of .................................... .
Whereas this proceeding is now pending in the Supreme Court of British Columbia in which the claimant claims .................................:
And whereas it appears to me that it is necessary for the purposes of justice and for the due determination of the matters in question between the parties that the following persons should be examined on oath or affirmation relating to those matters, namely ................................. of ................................., and ................................. of .............................., and such other persons as the lawyers or agents of the parties mutually request you in writing to examine, and it appears that persons are residents within your jurisdiction:
Now I, ................................., a Judge of the Supreme Court of British Columbia, hereby request that, for the assistance of the court, you will be pleased to summon the lawyers or agents of the parties and the witnesses to be examined, to attend at such time and place as you appoint, either before you or such other person as according to your procedure is competent to take the deposition examination of witnesses, and that you will cause the witnesses to be examined orally or by interrogatories relating to the matters in question, in the presence of the lawyers or agents of the parties or such of them as, on due notice given, attend the examination:
And I further request that you permit the lawyer or agent of any party present to examine any witness called by the lawyer or agent and the lawyer or agent of any opposing party to cross-examine the witness and the lawyer or agent of the party calling the witness to re-examine the witness:
And I further request that you will be pleased to cause the evidence of each witness to be recorded verbatim, and any document produced on the examination to be marked for identification, and that you will be further pleased to authenticate the depositions taken on the examination and any document, or certified copy of the same or any extract therefrom by the seal of your tribunal or in such other way as is in accordance with your procedure, and to return the same, together with any interrogatories and a note of the charges and expenses payable in respect of the execution of this request to the Under Secretary of State for External Affairs of Canada at Ottawa, Canada [or, if the judicial authority to whom the letter is addressed is in Canada, to the Deputy Attorney General for the Province of British Columbia, Parliament Buildings, Victoria, British Columbia], for transmission to the Registrar of the Supreme Court of British Columbia at the courthouse at ................................. .
| Dated: ................................................. | .................................................................................. A Judge of the Supreme Court of British Columbia |
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Form F29 (Rule 9-7 (17), 10-7 (1) and 10-8 (1) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
REQUISITION FOR CONSENT ORDER OR FOR ORDER WITHOUT NOTICE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: ..............................[party(ies)]..............................
| Required: | [ ] An order by consent | |
| [OR] | ||
| [ ] An order without notice |
1 The rule or other enactment relied on is ......................[set out the rule or enactment relied on]...................... .
2 Attached to this requisition is a draft of the order required.
[Check whichever one of the following boxes is correct and complete any required information.]
3 [ ] Each party affected has consented to the order.
[ ] The evidence in support of the application is contained in the following documents that are filed with this requisition: ........................................................................................ .
[Check whichever one of the following boxes is correct and complete any required information.]
4 [ ] No party is under a legal disability.
[ ] .....................[name of party]..................... is under a legal disability, namely .....................[set out legal disability]..................... .
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]........................
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Form F30 (Rule 10-4 (2) and (7) )
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
AFFIDAVIT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, ................[name]................, of ................[address]................, ........[occupation]........, SWEAR (OR AFFIRM) THAT:
1
2
3
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... | ) | ............................................................................ |
| ) | ||
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) |
...[print name or affix stamp of commissioner]....
[The following endorsement must be completed if required under Rule 10-4 (7) of the Supreme Court Family Rules.]
Endorsement of Interpreter
[if applicable]
I, ................[name]................, of ................[address]................, ................[occupation]................ certify that:
1 I have a knowledge of the English and ........................ languages and I am competent to interpret from one to the other.
2 I am advised by the person swearing or affirming the affidavit and believe that the person swearing or affirming the affidavit understands the ........................ language.
3 Before the affidavit on which this endorsement appears was made by the person swearing or affirming the affidavit I correctly interpreted it for the person swearing or affirming the affidavit from the English language into the ........................ language and the person swearing or affirming the affidavit appeared to fully understand the contents.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of interpreter |
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF APPLICATION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Name(s) of applicant(s): ..................................................................
To: ..................[name(s) of party(ies) or person(s) affected]..................
TAKE NOTICE that an application will be made by the applicant(s) to the presiding judge or master at the courthouse at ......................[address of registry in which the family law case is being conducted]...................... on ................[dd/mmm/yyyy].................at ........[time of day]........ for the order(s) set out in Part 1 below.
Part 1: ORDER(S) SOUGHT
[Using numbered paragraphs, set out the order(s) that will be sought
at the application and
indicate against which party(ies) the order(s)
is(are) sought.]
1
2
Part 2: FACTUAL BASIS
[Using numbered paragraphs, set out a brief summary of the facts supporting the application.]
1
2
[If any party sues or is sued in a representative capacity, identify the party and describe the representative capacity.]
Part 3: LEGAL BASIS
[Using numbered paragraphs, specify any rule or other enactment
relied on and provide a brief
summary of any other legal arguments on
which the applicant(s) intend(s) to rely in support of
the orders
sought.]
1
2
Part 4: MATERIAL TO BE RELIED ON
[Using numbered paragraphs, list the affidavits served with the
notice of application and
any other affidavits and other documents
already in the court file on which the applicant(s) will
rely. Each
affidavit included on the list must be identified as follows:
"Affidavit #........
[sequential number, if any, recorded in the top
right hand corner of the affidavit]........ of
......................[name]......................, made
........[dd/mmm/yyyy]........".]
1
2
The applicant(s) estimate(s) that the application will take ...........[time estimate]........... .
[Check the correct box.]
[ ] This matter is within the jurisdiction of a master.
[ ] This matter is not within the jurisdiction of a master.
TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to respond to this notice of application, you must, within the time for response to application described below,
(a) file an application response in Form 32,
(b) file the original of every affidavit, and of every other document, that
(i) you intend to refer to at the hearing of this application, and
(ii) has not already been filed in the family law case, and
(c) serve on the applicant 2 copies of the following, and on every other party one copy of the following:
(i) a copy of the filed application response;
(ii) a copy of each of the filed affidavits and other documents that you intend to refer to at the hearing of this application and that has not already been served on that person;
(iii) if this application is brought under Rule 11-3, any notice that you are required to give under Rule 11-3 (9).
Time for response to application
The documents referred to in paragraph (c) above must be served in accordance with that paragraph,
(a) unless one of the following paragraphs applies, within 5 business days after service of this notice of application,
(b) if this application is brought under Rule 11-3, within 8 business days after service of this notice of application, and
(c) if this application is brought to rescind, change or suspend a final order, within 14 business days after service of this notice of application.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] applicant [ ] lawyer for applicant(s) |
...........................[type or print name]..........................
| To be completed by the court only: Order made [ ] in the terms requested in paragraphs ...................... of Part 1 of this notice of application [ ] with the following variations and additional terms: ............................................................................................................... ............................................................................................................... ............................................................................................................... |
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Appendix
[The following information is provided for data collection purposes only and is of no legal effect.]
THIS APPLICATION INVOLVES THE FOLLOWING:
[Check the box(es) below for the application type(s) included in this application]
[ ] discovery: comply with demand for documents
[ ] discovery: production of additional documents
[ ] other matters concerning document discovery
[ ] extend oral discovery
[ ] other matter concerning oral discovery
[ ] amend pleadings
[ ] add/change parties
[ ] summary judgment
[ ] summary trial
[ ] service
[ ] interim order
[ ] change order
[ ] adjournments
[ ] proceedings at trial
[ ] appointment of additional expert(s): financial matters
[ ] other matters concerning experts.
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
APPLICATION RESPONSE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Application response of: ......................[party(ies)]......................, (the "application respondent(s)")
THIS IS A RESPONSE TO the notice of application of ......................[party(ies)]......................, filed ........[dd/mmm/yyyy]........ .
Part 1: ORDERS CONSENTED TO
The application respondent(s) consent(s) to the granting of the orders set out in the following paragraphs of Part 1 of the notice of application on the following terms: ........[set out paragraph numbers and any proposed terms]........ .
Part 2: ORDERS OPPOSED
The application respondent(s) oppose(s) the granting of the orders set out in paragraphs ........[list paragraph numbers]........ of Part 1 of the notice of application.
Part 3: ORDERS ON WHICH NO POSITION IS TAKEN
The application respondent(s) take(s) no position on the granting of the orders set out in paragraphs ........[list paragraph numbers]........ of Part 1 of the notice of application.
Part 4: FACTUAL BASIS
[Using numbered paragraphs, set out a brief summary of the material
facts on which the orders sought in
the application should not be
granted.]
1
2
Part 5: LEGAL BASIS
[Using numbered paragraphs, specify any rule or other enactment
relied on and provide a brief summary
of any other legal arguments on
which the application respondent(s) intend(s) to rely in opposing the
orders
sought in the application.]
1
2
Part 6: MATERIAL TO BE RELIED ON
[Using numbered paragraphs, list the affidavits served with this
application response and any other
affidavits and other documents
already in the court file on which the application respondent(s) will
rely.
Each affidavit included on the list must be identified as
follows: "Affidavit #.........[sequential number,
if any,
recorded in the top right hand corner of the affidavit]......... of
...................[name]....................,
made
...........[dd/mmm/yyyy]...........".]
1
2
The application respondent(s) estimate(s) that the application will take ...........[time estimate]........... .
[Check whichever one of the following boxes is correct and complete any required information.]
[ ] The application respondent has filed in this family law case a document that contains the application respondent's address for service.
[ ] The application respondent has not filed in this family law case a document that contains an address for service. The application respondent's ADDRESS FOR SERVICE is: ......................[Set out an address for service that complies with Rule 6-1 (1) of the Supreme Court Family Rules and any additional address(es) under Rule 6-1 (2) that the application respondent wishes to include.]...................... .
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] application respondent [ ] lawyer for application respondent(s) |
...........................[type or print name]..........................
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Form F33 (Rules 10-7 (1) and 15-1 (1) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
CONSENT ORDER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| [ ] | A JUDGE OF THE COURT | ||||
| or | |||||
| BEFORE | [ ] | A MASTER OF THE COURT | .....[dd/mmm/yyyy]..... | ||
| or | |||||
| [ ] | A REGISTRAR |
ON THE APPLICATION of ................................[party(ies)]................................, without a hearing and by consent;
THIS COURT ORDERS that:
1
2
3
THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS NOTED ABOVE.
[A signature line in the following form must be completed and signed by or for each consenting party.]
..............................................................................
Signature
of [ ] party
[ ] lawyer for .......[name of
party(ies)].....
.........................[type or print name]........................
..............................................................................
Signature
of [ ] party
[ ] lawyer for .......[name of
party(ies)].....
By the Court.
..................................................................................
Registrar
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ORDER MADE WITHOUT NOTICE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| [ ] | A JUDGE OF THE COURT | ||||
| BEFORE | or | .....[dd/mmm/yyyy]..... | |||
| [ ] | A MASTER OF THE COURT |
ON THE APPLICATION of ................................[party(ies)]................................;
AND ON THE COURT DETERMINING THAT a hearing is not required and notice is not required;
THIS COURT ORDERS that:
1
2
3
By the Court.
..................................................................................
Registrar
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
REQUISITION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: ..............................[party(ies)]..............................
Required: final order, without a hearing, in the form attached
FILED WITH THIS REQUISITION ARE:
[Check all of the following boxes and file the following with this requisition.]
[ ] draft of the order sought;
[ ] proof that the case is an undefended family law case;
[ ] certificate of the registrar in Form F36;
[ ] filing fee.
[Check the following box and file the following with this requisition unless a response to family claim or response to counterclaim has been filed or unless this case is a joint family law case within the meaning of Rule 2-2 of the Supreme Court Family Rules]
[ ] proof of service of the notice of family claim or counterclaim, as the case may be.
[Check the following box and file the following document with this requisition if
(a) the family law case includes a claim for divorce and the notice of family claim, response to family claim, counterclaim or response to counterclaim identifies a child of the marriage within the meaning of the Divorce Act (Canada), or
(b) the family law case includes a claim for child support.]
[ ] Child Support Affidavit in Form F37.
[Check the following box and file the following document with this requisition if a divorce is sought.]
[ ] affidavit in Form F38.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
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Form F36 (Rules 10-10 (2) and 14-4 (5) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
CERTIFICATE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I CERTIFY the pleadings and proceedings in this family law case are in order [add the following if applicable: except that ........................................................................................................................] .
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Registrar |
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This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
CHILD SUPPORT AFFIDAVIT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, ................[name]................, of ................................[address]................................ SWEAR (OR AFFIRM) THAT:
1 I am the ................[claimant/respondent]................ .
2 The following is true to the best of my information and belief:
(a) Parties:
| Claimant's name | Province of residence |
| Respondent's name | Province of residence |
(b) Children:
| Child's name | Birthdate [dd/mmm/yyyy] |
Age | Child now living with |
Relationship to claimant |
Relationship to respondent |
| [ ] claimant [ ] respondent |
[ ] natural child [ ] step-child |
[ ] natural child [ ] step-child |
|||
| [ ] claimant [ ] respondent |
[ ] natural child [ ] step-child |
[ ] natural child [ ] step-child |
|||
| [ ] claimant [ ] respondent |
[ ] natural child [ ] step-child |
[ ] natural child [ ] step-child |
|||
| [ ] claimant [ ] respondent |
[ ] natural child [ ] step-child |
[ ] natural child [ ] step-child |
3 The ........[notice of family claim/counterclaim]........
[ ] includes a claim for a child support order.
[ ] included a claim for a child support order but that claim has been withdrawn.
[ ] never included a claim for a child support order.
4 [Provide the following information if it is required under the child support guidelines (the Guidelines").]
(a) [ ] Claimant's annual income as determined under sections 15 to 20 of the Guidelines: $............. .
(b) [ ] Respondent's annual income as determined under sections 15 to 20 of the Guidelines: $............. .
5 [Check box (a) or (b) and complete the required information.]
(a) [ ] The monthly amount in Schedule 1 of the Guidelines is $............., payable by the ................[claimant/respondent]................ .
[OR]
(b) [ ] I have completed and attach to this affidavit the following: [Check the correct box(es) and attach the applicable Supplementary Child Support Fact Sheet(s).]
[ ] Supplementary Child Support Fact Sheet B [if custody is shared, complete and attach Fact Sheet B]
[ ] Supplementary Child Support Fact Sheet C [if custody is split, complete and attach Fact Sheet C]
[ ] Supplementary Child Support Fact Sheet D [if one or more children is over the age of majority, complete and attach Fact Sheet D]
[ ] Supplementary Child Support Fact Sheet E [if undue hardship is alleged, complete and attach Fact Sheet E]
[ ] Supplementary Child Support Fact Sheet F [if at least one of the party's incomes exceeds $150,000, complete and attach Fact Sheet F]
6 [Check box (a), (b) or (c) and complete the required information.]
The proposed order
(a) [ ] sets out that $................ is the amount of child support payable by the ........[claimant/respondent]........, which amount accords with the child support guidelines.
(b) [ ] by consent, pursuant to section 15.1 (7) of the Divorce Act (Canada) or section 93.1 (1) of the Family Relations Act, sets out that $................ is the amount of child support payable by the ........[claimant/respondent]........, which amount is different than the amount required by the Guidelines.
(c) [ ] sets out that $................ is the amount of child support payable by the ........[claimant/respondent]........, which amount is different than the amount required by the Guidelines, but the following special provisions, within
the meaning of section 15.1 (5) of the Divorce Act, have been made:
...................................................................................
....................................................................................
................................................................................
(d) [ ] sets out that $................ is the amount of child support payable by the ........[claimant/respondent]........, in accordance with the agreement referred to in section 4 (c) of this affidavit.
(e) [ ] does not include child support but the following arrangements have been made for the support of the child: .................................................................................
[If the expenses under section 7 of the Guidelines are included in the proposed order, check the following box and complete and attach Fact Sheet A.]
7 [ ] I have completed and attached to this affidavit Supplementary Child Support Fact Sheet A, and the amount set out in the proposed order for the expenses under section 7 of the Guidelines is $..............
8 [Check the correct box(es).]
[ ] Medical coverage is available for the children under the claimant's medical insurance plan.
[ ] Medical coverage is available for the children under the respondent's medical insurance plan.
[ ] Medical coverage is not available for the children under either of the party's medical insurance plans.
9 [Check box (a) or (b) and complete the required information.]
(a) [ ] There is no order of any court in force dealing with support of the children.
(b) [ ] Attached as Exhibit(s) ....A [B, C, D, as the case may be] ....[is/are].... the order(s) in force that deal(s) with the support of the children.
10 [Check box (a) or (b) and complete the required information.]
(a) [ ] There is no agreement dealing with support of the children.
(b) [ ] Attached as Exhibit(s) ....A [B, C, D, as the case may be] ....[is/are].... the written agreement(s) that deal(s) with the support of the children.
11 The amount of arrears of child support, as at ........[dd/mmm/yyyy]........, under any existing order or written agreement is:
[ ] nil, or
[ ] $............. .
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| ) | ||
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) |
....[print name or affix stamp of commissioner]....
SUPPLEMENTARY CHILD SUPPORT FACT SHEET A —
SPECIAL OR
EXTRAORDINARY EXPENSES
Section 7 expenses (net of tax credits and contributions from child(ren), etc.)
| Annual | Monthly | ||
| (a) | Child care expenses | ||
| (b) | Portion of medical and dental premiums attributable to the child(ren) | ||
| (c) | Health related expenses that exceed insurance reimbursement by at least $100 | ||
| (d) | Extraordinary primary, secondary or other educational expenses | ||
| (e) | Post-secondary school expenses | ||
| (f) | Extraordinary extracurricular activities expenses | ||
| (g) | Total Section 7 expenses |
Parties' respective proportionate shares of the total net monthly Section 7 expenses referred to at line (g) above:
| % | Amount | |
| Claimant's proportionate share | ||
| Respondent's proportionate share |
Total monthly child support payable by the ..........[claimant/respondent].......... after taking into account the monthly Guidelines table amount under Schedule 1 of the Guidelines and the Section 7 expenses is $..........
SUPPLEMENTARY CHILD SUPPORT FACT SHEET B — SHARED CUSTODY
| Claimant | Respondent | |
| Number of children = .......... | ||
| Approximate percentage of time children spend with each parent | % | % |
| Annual Guidelines income [determine amount under sections 15 to 20 of the Guidelines] | $ | $ |
| Guidelines table amount [use applicable amount from Schedule 1 of the Guidelines] | $ | $ |
| Difference between the Guidelines table amount of the claimant and the Guidelines table amount of the respondent $.......... | ||
| Section 7 expenses paid directly by each party | $ | $ |
Any other relevant information regarding the conditions, means, needs and other circumstances of each spouse or of any child for whom support is sought: ....................................................................................
......................................................................................................................................................................
.....................................................................................................................................................................
It is proposed that child support in the amount of $......... per month be paid by the ...............[claimant/respondent]...............
SUPPLEMENTARY CHILD SUPPORT FACT SHEET C — SPLIT CUSTODY
| (a) Number of children principally resident with claimant for whom support is claimed | |
| (b) Respondent's annual Guidelines income [determine amount under sections 15 to 20 of the Guidelines] | $ |
| (c) Guidelines table amount payable by respondent for ..........[insert number from paragraph (a)].......... children | $ |
| (d) Number of children principally resident with respondent for whom the claimant is obliged to pay support | $ |
| (e) Claimant's annual Guidelines income [determine amount under sections 15 to 20 of the Guidelines] | $ |
| (f) Guidelines table amount payable by claimant for ..........[insert number from paragraph (d)].......... children | $ |
Difference between Guidelines table amounts: ..........[difference between paragraphs (c) and (f)]..........
SUPPLEMENTARY CHILD SUPPORT FACT SHEET D — CHILD 19 YEARS OR OLDER
(a) Number of child(ren) 19 years of age or older for whom support is claimed: ..........
(b) Child support is to be paid by the ..........[claimant/respondent] .......... (the "payor")
(c) Monthly Guidelines table amount of the payor under Schedule 1 of the Guidelines: $.........
[Check the following box and complete the following if you say that the amount of support should be different from the Guidelines table amount referred to in paragraph (c).]
[ ] The person swearing this affidavit says that the Guidelines table amount is inappropriate and that the appropriate amount would be $...... for the following reasons: ................[Give reasons to justify the proposed amount, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each parent and the child to contribute to the support of the child.]................
SUPPLEMENTARY CHILD SUPPORT FACT SHEET E — UNDUE HARDSHIP
[Complete this form only if it applies to you under section 10 (3) and (4) of the Guidelines.]
| 1 Responsibility for unusually high debts reasonably incurred to support the family before separation or in order to earn a living | ||
| Owed to | Terms of debt | Monthly Amount |
| • [list] | • [provide details] | $................. $................. |
| 2 Unusually high expenses for exercising access to a child | ||
| Details of expense | ||
| • [list] | $................. $................. |
|
| 3 Legal duty under a court order or separation agreement to support another person | ||
| Name of person | Relationship | Nature of duty |
| 4 Legal duty to support a child, other than a child
for whom support is claimed, who is (a) under age 19, or (b) 19 or older but unable to support himself or herself because of illness, disability or other cause |
||
| Name of person | Relationship | Nature of duty |
| 5 Legal duty to support a person who is unable to support himself or herself because of illness or disability | ||
| Name of person | Relationship | Nature of duty |
| 6 Other undue hardship circumstances [provide details] | ||
INCOME OF OTHER PERSONS IN HOUSEHOLD
| Name of person | Annual income |
| Total |
SUPPLEMENTARY CHILD SUPPORT FACT SHEET F — INCOME OVER $150,000
| 1 | Total number of children for whom support is claimed = .......... | |
| 2 | Guidelines table amount for $150,000 = | $.......... |
| 3 | Plus ..........% of income over $150,000 [determine applicable percentage from the Guidelines table] = | $.......... |
| 4 | Guidelines table amount [Total amount of lines 2 and 3] |
$.......... |
[If, under section 4 (b) of the Guidelines, an amount is agreed on that is different than the Guidelines table amount set out in line 4 above, check the following box and set out the amount agreed on and the reasons for agreeing on that different amount, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each parent and the child to contribute to the support of the child.]
[ ] We have agreed on an amount of child support that differs from the Guidelines table amount.
Amount of child support agreed on: $.............
Reasons why the amount agreed on differs from the Guidelines table amount:
|
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This is the ......[1st/2nd/3rd/etc.]...... affidavit
of ..............[name].............. in this case
and was made on .........[dd/mmm/yyyy].........
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Claimant 1 [joint family law case]:
Respondent:
Claimant 2 [joint family law case]:
AFFIDAVIT — DESK ORDER DIVORCE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, ................[name]................ of ................[address]................ SWEAR (OR AFFIRM) THAT:
[Check the correct box.]
| 1 | I am the | [ ] claimant [ ] respondent |
| [ ] claimant 1 [joint family law case] [ ] claimant 2 [joint family law case]. |
2 There is no possibility of reconciliation between my spouse and me.
[Check the correct box.]
3 I believe that the following facts are true:
[ ] the facts set out in the notice of family claim;
[ ] the facts set out in the response to family claim and counterclaim.
[Check whichever one of the following boxes is correct and complete any required information.]
4 [ ] The certificate of marriage or certified copy of the registration of marriage filed in this family law case fully and correctly describes the true particulars of marriage.
[OR]
[ ] It is impossible to obtain a certificate of marriage or a certified copy of the registration of marriage and instead, in accordance with section 52 (1) (a) of the Evidence Act, I refer to the affidavit of ................[name]................, a person who was present at the marriage ceremony, which affidavit is filed in this family law case.
5 [Indicate the grounds for divorce by selecting one of the following.]
(a) [If the grounds for divorce are separation for more than one year, check the following box and complete the required information.]
[ ] I was living separate and apart from my spouse at the start of this family law case and I have lived separate and apart from my spouse since .........[dd/mmm/yyyy]........, except: ................[provide dates of any periods of attempted reconciliation]................
(b) [If the grounds for divorce are adultery of a spouse, check the boxes that apply and complete the required information.]
[ ] My spouse has admitted to me that .....[he/she]..... committed the acts of adultery alleged in Schedule 4 of the ................[notice of family claim/counterclaim]................ and as corroboration I refer to:
[ ] the affidavit(s) of ................[name(s)]................,
[OR]
[ ] the transcript of the examination for discovery of ................[name]................ marked as Exhibit "A"to this affidavit.
[OR]
[ ] I have no personal knowledge of the acts of adultery alleged in Schedule 4 of the …….[notice of family claim/counterclaim]……… and in proof of the adultery committed by my spouse I refer to:
[ ] the affidavit(s) of ................[name(s)]................,
[OR]
[ ] the transcript of the examination for discovery of ................[name]................ marked as Exhibit "A" to this affidavit.
(c) [If the grounds for divorce are physical or mental cruelty of a spouse, check the following box and complete the required information.]
[ ] My spouse has treated me with physical or mental cruelty since the date of the marriage as follows: ...............,
6 I am neither directly nor indirectly a party to an agreement or conspiracy for the purpose of subverting the administration of justice, or to any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court.
[Paragraph 7 is to be checked ONLY if the grounds for divorce are the adultery or physical or mental cruelty of a spouse. If the grounds are separation for more than a year, do not check paragraph 7.]
7 [ ] I have not condoned the conduct of my spouse that is alleged as the grounds for divorce in that I have not forgiven my spouse for that conduct, nor have I encouraged or acquiesced in that conduct.
8 [ ] There are no children of the marriage as defined by the Divorce Act (Canada).
[OR]
[ ] The following are the children of the marriage:
| Name | Age | Birth Date [dd/mmm/yyyy] |
[Check the following box if there are children of the marriage.]
9 [ ] I have sworn a child support affidavit in Form F37.
[Check the following box and complete the required information if there are children of the marriage.]
10 [ ] The following arrangements have been made for the custody of and access to the children: ................[provide details].................
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| ) | ||
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) |
....[print name or affix stamp of commissioner]....
|
|
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF DISCONTINUANCE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: .................[party(ies)].................
TAKE NOTICE that .................[party(ies)].................
[Check whichever one of the following boxes is correct and complete the required information.]
[ ] discontinue(s) this family law case against .................[party(ies)].................
[ ] discontinue(s) the following claims(s) in this family law case against .............[party(ies)].............:
(a)
(b)
(c)
[Check the correct box(es).]
[ ] Notice of trial has not been filed
[ ] Notice of trial has been filed and this discontinuance is
[ ] with the consent of all parties
[ ] by leave of the court
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
|
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF WITHDRAWAL
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: .........................[party(ies)].........................
TAKE NOTICE that the respondent(s), ..............................[name(s)]..............................,
[Check whichever one of the following boxes is correct and complete the required information.]
[ ] withdraw(s) ........[his/her/their]........ response to family claim in this family law case
[ ] withdraw(s) ........[his/her/their]........ response to family claim in respect of the following claim(s) in this family law case:
(a)
(b)
(c)
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
|
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SECURITY FOR RECEIVER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Date of this guarantee: ........[dd/mmm/yyyy]........
Name and address of receiver: ...................................................................
Name and registered office of surety: .......................................................
Liability of surety under this guarantee: $......................
Annual premium: $......................
This guarantee is made between the RECEIVER, THE SURETY AND HER MAJESTY THE QUEEN in right of British Columbia.
1 The receiver and the surety hereby jointly and severally covenant with Her Majesty the Queen in right of British Columbia that the receiver will, from time to time, duly account for what the receiver has already received since the date of the order appointing the receiver and will hereafter receive or for what since the date of the order the receiver has or will hereafter become liable to pay or account for as receiver [and manager] and will pay every sum of money and deliver every property that the court may direct.
2 If the receiver does not, for every successive 12 months computed from the date of the receiver's appointment, pay at the office of the surety the annual premium noted above, then the surety may apply to be relieved from all further liability under this guarantee, except in respect of any damage or loss occasioned by any act or default of the receiver in relation to the receiver's duties as receiver [and manager] prior to the hearing and determination of the application.
3 A statement under the hand of the registrar of the amount that the receiver is liable to pay and has not paid under paragraph 1 and that the loss or damage has been incurred through the act or default of the receiver is conclusive evidence in any action by Her Majesty against the receiver and surety, or either of them, or by the surety against the receiver, of the truth of the contents of the statement and constitutes a binding charge not only against the receiver and the receiver's personal representatives, but also against the surety and its funds and property without it being necessary for Her Majesty to take any proceedings against the surety and the surety's funds and property and without it being necessary for Her Majesty to take any proceedings against the receiver for the recovery thereof and without any further or other proof being given in that behalf in any action to enforce this guarantee.
4 The liability of the surety under this guarantee is limited to the sum noted above, provided that the registrar may give his or her approval in writing to the reduction of the liability of the surety, in which event the surety's maximum liability with respect to any acts or omissions of the receiver subsequent to the date of the approval is reduced accordingly and provided further that an endorsement executed by the surety increasing the liability of the surety will be binding on the surety with respect to any acts or omissions of the receiver subsequent to the date of that endorsement.
5 The receiver will, on being discharged from office or on ceasing to act as receiver [and manager], promptly give written notice of that discharge to the surety, and also within 7 days after the notice give the surety a copy of any order discharging the receiver.
6 The receiver and the receiver's personal representatives will at all times hereafter indemnify the surety against all loss, damage, costs, and expenses that the surety sustains by reason of the surety having executed this guarantee.
In witness whereof, the receiver has hereunder set his or her hand and seal and the surety has caused its common seal to be affixed ........[dd/mmm/yyyy]........ .
SURETY [SEAL]
RECEIVER [SEAL]
| Date: ................[dd/mmm/yyyy]................. | Approved:
............................................................... Registrar |
Endorsement to Guarantee No.
The liability of the surety under this guarantee has been increased from $...................... to $......................, effective ........[dd/mmm/yyyy]........ with respect to any acts or omissions of the receiver subsequent to that date.
SURETY [SEAL]
|
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SECURITY OF RECEIVER BY UNDERTAKING
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, .............................., of .............................., in the .............................. of .............................., the receiver [and manager] appointed by order made on ........[dd/mmm/yyyy]........ by ........................... in this family law case, hereby undertake to the court duly to account for all money and property received by me as receiver [and manager] or for which I may be held liable, and to pay the balance from time to time found due from me and to deliver any property received by me as receiver [and manager] at such times and in such manner as the court directs.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Receiver [Manager] |
And we ..............................[names and addresses of sureties].............................. hereby jointly and severally undertake to the court to be answerable for any default by .........................[name of receiver]......................... as receiver [and manager] and on such default to pay as the court directs any amounts not exceeding in the whole $.................... that may from time to time be certified by the registrar to be due from the receiver, and we submit to the jurisdiction of the court to determine any claim made under this undertaking.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Surety |
| ................[dd/mmm/yyyy]................. | .................................................................................. Surety |
| ................[dd/mmm/yyyy]................. | Approved:
............................................................... Registrar |
Endorsement to Security
The liability of the surety under this guarantee has been increased from $.................... to $...................., effective ........[dd/mmm/yyyy]........ with respect to any acts or omissions of the receiver subsequent to that date.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Surety |
|
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE TO CROSS-EXAMINE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ....................[party]....................
And to: ..........[name of person who prepared report under section 15 of the Family Relations Act]..........
TAKE NOTICE THAT:
I, ..........[name of party giving notice].........., require ..........[name of person who prepared section 15 report].......... to attend at the trial of this family law case at the place, date and time set out below to be cross-examined on the report dated ..........[dd/mmm/yyyy].......... .
Place of trial: ..........................[address]..........................
Date attendance is required: ..........[dd/mmm/yyyy]..........
Time attendance is required: ...........[time of day]............
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] party giving notice [ ] lawyer for party(ies) giving notice |
...........................[type or print name]..........................
|
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF TRIAL
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by:....................[party]....................
TAKE NOTICE that the trial of this family law case has been set down at the following place, date and time:
| City | ||
| Address of Courthouse | ||
| Date [dd/mmm/yyyy] | ||
| Time |
..................................................................................
Registrar
[Check whichever one of the following boxes is correct and complete any required information.]
The place of trial set out above is the place of trial set out in
[ ] the notice of family claim.
[ ] the order dated ........[dd/mmm/yyyy]........ .
[Check whichever one of the following boxes is correct and complete the required information.]
[ ] All parties agree that not more than .................... is a reasonable time for the hearing of all evidence and argument in this family law case.
[ ] There is a disagreement as to the estimate of a reasonable time for the hearing of all evidence and argument in this family law case. The estimates of the parties are as follows:
| Name of party | Time Estimate |
I undertake to pay all hearing fees payable under Appendix C, Schedule 1, Item 14.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
...........................[type or print name]..........................
Contact information for the parties and their lawyers is as follows:
[Set out the full names, addresses and telephone numbers of all lawyers having conduct of this family law case and of all parties who are not represented by a lawyer and, in addition, any email addresses or fax numbers that may be used for contact purposes.]
|
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
TRIAL BRIEF
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: .................[party].................
1 Summary of Issues and Positions
The following is a list, in numbered paragraphs, of the issues in dispute and my position on each:
| Issue in dispute | My position |
| 1 | 1 |
| 2 | 2 |
2 Witnesses to Be Called
The following are the names and addresses of the witnesses I intend to call at trial, and an estimate of the time each witness will need for giving direct evidence:
| Name | Address | Time needed |
3 Expert Reports
The following are the expert reports I intend to offer as evidence at trial:
| Name of expert | Date of report |
4 Witnesses to Be Cross-Examined
The following are the names of the witnesses I anticipate cross-examining at trial, and an estimate of the time I will need for each:
| Name | Time needed |
| Date: ................[dd/mmm/yyyy]................. | ................................................................................ Signature of [ ] filing party [ ] lawyer for filing party |
..........................[type or print name]..........................
|
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
TRIAL CERTIFICATE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: .........................[party].........................
I, ....................[name]...................., ........[the claimant/lawyer for the claimant/respondent/lawyer for the respondent]........, CERTIFY THAT:
1 I will be ready to proceed on the scheduled trial date, ........[date trial is scheduled to begin – dd/mmm/yyyy]........ at ..............[place of trial]................ .
2 My current estimate is that the trial will last ................ days.
3 I have completed all examinations for discovery.
4 A trial management conference has been conducted in this family law case.
5 If the family law case is settled before trial, I will give the registrar prompt notice of the settlement.
6 I will give the registrar prompt notice of any proposed adjournment of the trial.
| Date: ................[dd/mmm/yyyy]................. | ................................................................................ Signature of [ ] filing party [ ] lawyer for filing party |
..........................[type or print name]..........................
|
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE TO PRODUCE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ......................[party(ies)]......................
TAKE NOTICE that ....................[party(ies)].................... require(s) you to produce at ........[the trial of this family law case/the deposition examination of ....................[name]....................]........ all documents in your possession or control relating to the matters in question [and, if applicable, the following physical objects: .........................................................................................................................................................] .
| Date: ................[dd/mmm/yyyy]................. | ................................................................................ Signature of [ ] party requiring production [ ] lawyer for party(ies) requiring production |
..........................[type or print name]..........................
|
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Form F48 (Rules 14-7 (15) and 21-2 (4) and (5) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF INTENTION TO PROCEED
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Filed by: .........................[party(ies)].........................
To: .........................[party(ies)].........................
TAKE NOTICE that ....................[party(ies)].................... intend(s) to proceed with this family law case.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] filing party [ ] lawyer for filing party(ies) |
..........................[type or print name]..........................
|
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF INTENTION TO CALL ADVERSE PARTY AS A WITNESS
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: .......................[name and address].......................
TAKE NOTICE that ........................[party(ies)]........................ require(s) you to appear at the trial of this family law case at ........[time of day]........ on ........[dd/mmm/yyyy]........ at ..............[place of trial]............... for the purpose of being called as a witness under Rule 14-7 (20), (21) or (22) of the Supreme Court Family Rules.
| Date: ................[dd/mmm/yyyy]................. | ............................................................ Signature of [ ] party requiring appearance [ ] lawyer for party requiring appearance |
..........................[type or print name]..........................
Rule 14-7 (25) states:
(25) If a person called as a witness in accordance with subrule (21) or (22) refuses or neglects to attend at the trial, to be sworn or to affirm, to answer a proper question put to the person or to produce a document that the person is required to produce, the court may do one or more of the following:
(a) grant judgment in favour of the party who called the witness;
(b) adjourn the trial;
(c) make an order as to costs;
(d) make any other order it considers will further the object of these Supreme Court Family Rules.
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
WARRANT AFTER SUBPOENA
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To any Peace Officer
WHEREAS ....................[name and address of person].................... was subpoenaed to give evidence at the trial of this family law case and failed to attend [or failed to remain in attendance]; THIS COURT ORDERS you to apprehend and bring him or her promptly before the court at ............................................................ and, after that, to deal with him or her as directed.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. A Judge of the Supreme Court of British Columbia |
..........................[type or print name]..........................
|
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ORDER MADE AFTER APPLICATION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| THE HONOURABLE JUSTICE | ||||
| or A JUDGE OF THE COURT | ||||
| BEFORE | or | .....[dd/mmm/yyyy]..... | ||
| MASTER | ||||
| or A MASTER OF THE COURT |
ON THE APPLICATION of ......................[party(ies)]......................
[ ] coming on for hearing at ...................... on ........[dd/mmm/yyyy]........ and on hearing ................[name of party/lawyer]................ and ................[name of party/lawyer]................;
[ ] without notice coming on for hearing at ...................... on ........[dd/mmm/yyyy]........ and on hearing ................[name of party/lawyer]................;
THIS COURT ORDERS that:
[If any of the following orders are by consent, indicate that fact by adding the words “By consent,” to the beginning of the description of the order] [If this order is to rescind, change or suspend a final order, identify the judge by whom and the date on which that order was made.]
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3
THE PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:
[A signature line in the following form must be completed and signed by or for each approving party.]
..............................................................................
Signature of [ ] party [ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
..............................................................................
Signature of [ ] party [ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
By the Court.
..................................................................................
Registrar
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
FINAL ORDER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| THE HONOURABLE JUSTICE | ||||
| or A JUDGE OF THE COURT | ||||
| BEFORE | or | .....[dd/mmm/yyyy]..... | ||
| MASTER | ||||
| or A MASTER OF THE COURT |
This family law case coming on
[ ] for trial at ................................, on ........[dd/mmm/yyyy]........, and on hearing ................, [the lawyer for] the claimant and ................, [the lawyer for] the respondent [add the following if applicable: AND JUDGMENT being reserved to this date],
[ ] for hearing at ...................... on ........[dd/mmm/yyyy]........ and on hearing ................[name of party/lawyer]................ and ................[name of party/lawyer]................;
[ ] for summary trial under Rule 11-3 of the Supreme Court Family Rules,
[ ] as an undefended family law case without an oral hearing under Rule 10-10 of the Supreme Court Family Rules,
and on considering the evidence put forward;
THIS COURT ORDERS that
[ ] Divorce Order [Check this box and complete the required information if a divorce is granted.]
Subject to section 12 of the Divorce Act (Canada), the claimant, ................[name]................, and the respondent, ................[name]................, who were married at ................[place]................ on ........[dd/mmm/yyyy]........, are divorced from each other, the divorce to take effect
[ ] on the 31st day after the date of this order
[ ] on ........[dd/mmm/yyyy]........
[ ] Other Orders [If orders other than or in addition to divorce orders are made, check this box and set out, in numbered paragraphs, the terms of all orders other than divorce orders.] [If any of the following orders are by consent, indicate that fact by adding the words "By consent," to the beginning of the description of the order.]
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THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:
[A signature line in the following form must be completed and signed by or for each approving party.]
..............................................................................
Signature of [ ] party [ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
..............................................................................
Signature of [ ] party [ ] lawyer for .......[name of party(ies)].....
.........................[type or print name]........................
By the Court.
..................................................................................
Registrar
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Repealed. [B.C. Reg. 119/2010, s. 39.]
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
RESTRAINING ORDER
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| THE HONOURABLE JUSTICE | ||||
| BEFORE | or | .....[dd/mmm/yyyy]..... | ||
| MASTER |
| Name of applicant: | ................................................ | ||
| Persons appearing: | ................................................ | Lawyer: | ................................................ |
| ................................................ | Lawyer: | ................................................ |
[Check the box(es) and complete any required information.]
This order is [ ] an interim order [ ] a final order [ ] a consent order [ ]an order without notice.
[ ] The order dated ........[dd/mmm/yyyy]........ is changed as stated below.
[ ] This order will expire on ........[dd/mmm/yyyy]........
THIS COURT ORDERS that: [Complete the following paragraphs, as appropriate.]
[ ] 1 Under section 37 of the Family Relations Act, ........[full name and date of birth of person restrained]........ is restrained from molesting, annoying, harassing or communicating with, or attempting to molest, annoy, harass or communicate with, ........[set out full names of applicant, child(ren) in the lawful custody of applicant or both, as appropriate]........ .
2 Under section 46 of the Family Maintenance Enforcement Act, ........[full name and date of birth of person restrained]........ is restrained from molesting, annoying, harassing or communicating with, or attempting to molest, annoy, harass or communicate with ........[set out name of creditor, debtor, director or other person]........ .
3 Under section 38 of the Family Relations Act, ........[full name and date of birth of person restrained]........ must not enter premises where ........[set out full name(s) of child(ren) in the custody of the applicant]........ are residing.
4 Under section 38 of the Family Relations Act, ........[full name and date of birth of person restrained]........ must not make contact with, try to make contact with or otherwise interfere with ........[set out full name(s) of child(ren) in the custody of the applicant and (if applicable) the full name of the applicant]........ .
5 Under section 126 of the Family Relations Act, ........[full name and date of birth of person restrained]........ must not enter premises that are occupied by ........[set out full name of applicant and of children who are in the custody of the applicant]........ for as long as ........[full name of applicant]........ and ........[full name of person restrained]........ continue to live separate and apart.
6 Any peace officer, including any R.C.M.P. officer having jurisdiction in the province of British Columbia, who on reasonable and probable grounds believes that ........[full name and date of birth of person restrained]........ is in breach of the terms of this order may immediately arrest that person and bring ........[him/her]........ before a judge of the Supreme Court promptly after the arrest, to be dealt with on an inquiry to determine whether ........[he/she]........ has committed a breach of this order.
[Add any further terms of restraining order.]
By the Court.
..................................................................................
Registrar
TAKE NOTICE:
If you, ........[full name of person restrained]........, refuse or neglect to obey this order, you are liable to arrest by a peace officer, including a R.C.M.P. officer having jurisdiction in British Columbia, and to imprisonment for contempt of court, or for committing an offence under section 128 of the Family Relations Act.
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Form F55 (Rules 15-1 (13), 16-1 (20), (23) and (24) and 18-1 (6) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
APPOINTMENT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I appoint:
Time: .......................................................
Date: ................[dd/mmm/yyyy].................
Place: .......................................................
as the time and place for the: [Check the correct box(es) and complete any required information.]
[ ] assessment of the bill of costs of .........................[party(ies)].........................
[ ] settlement of the terms of the order of ........[Mr. Justice, Madam Justice or Master]........ made ........[dd/mmm/yyyy]........
[ ] passing of accounts of ..........[executor, administrator, receiver or other]..........
[ ] reference under the Court Order Enforcement Act
[ ] reference ordered by........[Mr. Justice, Madam Justice or Master]........
[ ] assessment of sheriff's fee
[ ] other
Attached to this Appointment ......[is/are]...... the [ ] bill(s) of costs [ ] sheriff's bill(s) [ ] order(s) that ......[is/are]...... the subject of this Appointment.
| Date: ................[dd/mmm/yyyy]................. | ................................................................................. Master, Registrar or Special Referee |
To: ........................[name]........................
TAKE NOTICE of the above appointment.
The person seeking appointment believes the matter for which this appointment was sought:
[Check all of the following boxes that are correct and complete the required information.]
[ ] is [ ] is not of a time consuming or contentious nature
[ ] will require approximately ........[time estimate]........ to complete
| Date: ................[dd/mmm/yyyy]................. | ................................................................................. Signature of [ ] person seeking appointment [ ] lawyer for person seeking appointment |
..........................[type or print name]..........................
Address and telephone number of person seeking appointment or lawyer for person seeking appointment:
Name: .......................................................
Address: ...................................................
..................................................................
Telephone: ................................................
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
CERTIFICATE OF DIVORCE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
This is to certify that ................[name]........ and ........[name]........, who were married at ................[place]................ on ........[dd/mmm/yyyy]........, were divorced under the Divorce Act (Canada) by an order of this court which took effect and dissolved the marriage on ........[dd/mmm/yyyy]......... .
GIVEN under my hand and the seal of this court
Date: ......................[dd/mmm/yyyy].......................
.............................................................................
Registrar
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
WRIT OF SEIZURE AND SALE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
Name and address of lawyer or person causing this writ to be issued: ................................................
To the Sheriff
You are commanded promptly to seize and sell at public auction or by tender for the best available price sufficient of the goods and chattels of the undermentioned person to realize the sums set out on the back of this writ, that are payable by virtue of the attached order of this Honourable Court, together with your costs, fees and expenses for executing this writ.
After carrying out the above instructions, you must pay to the person specified on the back of this writ from the amount realized the sum or sums that are payable to him or her and account therefor by return to the court.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Registrar |
[Back]
Name and address of person whose goods and chattels are to be seized: .......................................................
Amount remaining due and payable on judgment: $...............
Amount of costs remaining due and payable: $...............
Amount of interest on judgment and costs remaining due and payable: $...............
Costs of party entitled to execution: $...............
Sheriff's costs [to be filled in by Sheriff]: $...............
Total [to be filled in by Sheriff]: $...............
Identity of person entitled to payment of judgment: ................................................
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Form F58 (Rule 15-4 (2) and (4) )
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
WRIT OF SEQUESTRATION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To the Sheriff
You are authorized and commanded to enter on and take possession of all the real and personal estate of ................[name]................ and to collect and receive the rents and profits of his or her real and personal estate and keep the same under sequestration in your hands until you are satisfied that that person has complied with the attached order and has paid the costs, fees and expenses of execution of the person entitled to execution and the costs, fees and expenses for executing this writ.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Registrar |
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
WRIT OF POSSESSION
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To the Sheriff
WHEREAS it was ordered, on ........[dd/mmm/yyyy]........, that
[Check whichever one of the following boxes is correct and complete the required information.]
[ ] the respondent, .............................., deliver to the claimant, ......................................,
[ ] the claimant, ................................., recover from the respondent, ..............................,
possession of ....................[set out address and, if available, legal description of land].................... (the "land");
YOU ARE COMMANDED promptly to enter the land and cause ....................[name].................... to have possession of it;
AND YOU ARE ALSO COMMANDED promptly to seize and sell at public auction or tender for the best price available sufficient of the goods and chattels of ....................[name].................... to realize the claimant's costs, fees and expenses of execution and the costs, fees and expenses for executing this writ.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Registrar |
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
WRIT OF DELIVERY
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To the Sheriff
WHEREAS it was, on ........[dd/mmm/yyyy]........, ordered that the respondent, ................................, deliver to the claimant, ................................, the following goods: ................................[describe the goods]................................;
YOU ARE COMMANDED promptly to cause the goods to be delivered to ...............................;
AND YOU ARE ALSO COMMANDED promptly to seize and sell at public auction or tender for the best price available sufficient of the goods and chattels of ................................ to realize the claimant's costs, fees and expenses of execution and the costs, fees and expenses for executing this writ.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Registrar |
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
WRIT OF DELIVERY OR ASSESSED VALUE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To the Sheriff
WHEREAS it was, on ........[dd/mmm/yyyy]........, ordered that the respondent, ................................, deliver to the claimant, ................................, the following goods: ................................[describe the goods]................................;
YOU ARE COMMANDED promptly to cause the goods to be delivered to ................................;
AND YOU ARE ALSO COMMANDED promptly to seize and sell at public auction or tender for the best price available sufficient of the goods and chattels of ................................ to realize the claimant's costs, fees and expenses of execution and the costs, fees and expenses for executing this writ;
If the goods that you are to have delivered to ................................ cannot be found within British Columbia, then you are commanded to realize, in addition to any other sums referred to in this writ, from the goods and chattels of ................................, the sum of $..............., together with your costs, fees and expenses of so doing and pay the sum to the claimant together with the claimant's costs, fees and expenses of execution.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Registrar |
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ACKNOWLEDGMENT OF PAYMENT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I ACKNOWLEDGE PAYMENT of $................... in [ ] full [ ] partial satisfaction of the judgment dated ........[dd/mmm/yyyy]........ .
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of party receiving payment |
...........................[type or print name]..........................
Signed ........[dd/mmm/yyyy]........ in the presence of
................................[name]....................................
................................[address].................................
................................[occupation]............................
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant/Creditor/Petitioner/Other:
Respondent/Debtor/Petition Respondent/Other:
SUMMONS TO A DEFAULT HEARING
UNDER THE FAMILY MAINTENANCE
ENFORCEMENT ACT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ............................[name and address]............................
It appears you have defaulted in a payment required under a support order.*
........[An affidavit/A statement of arrears]........ is attached.
YOU ARE REQUIRED to appear before the Supreme Court of British Columbia, at ................[address]................, under the Family Maintenance Enforcement Act, on ........[dd/mmm/yyyy]........ at ........[time of day]........ or so soon after that as this matter may be heard, to show cause why the order should not be enforced.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Registrar |
TAKE NOTICE:
If you do not appear at the default hearing, the court may issue a warrant for your arrest or make an order in your absence.
*"Order" includes an agreement filed in the court under section 122 of the Family Relations Act.
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant/Creditor/Petitioner/Other:
Respondent/Debtor/Petition Respondent/Other:
SUMMONS TO A COMMITTAL HEARING
UNDER THE FAMILY MAINTENANCE
ENFORCEMENT ACT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ............................[name and address]............................
It appears you have defaulted in a payment you were required to make under section 21 (1) (e) of the Family Maintenance Enforcement Act. ........[An affidavit/A statement of arrears]........ is attached.
YOU ARE REQUIRED to appear before the Supreme Court of British Columbia at ................[address]................, under the Family Maintenance Enforcement Act, on ........[dd/mmm/yyyy]........ at ........[time of day]........ or so soon after that as this matter may be heard, to show cause why an order should not be made for your imprisonment.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Registrar |
TAKE NOTICE:
If you do not appear at the committal hearing, the court may issue a warrant for your arrest or make an order in your absence.
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Court File No.: ........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant/Creditor/Petitioner/Other:
Respondent/Debtor/Petition Respondent/Other:
ARREST WARRANT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To any Peace Officer
WHEREAS this court is of the opinion that
[ ] ................................[name and address of person]................................
[ ] did not comply with a summons issued under the Family Maintenance Enforcement Act
[ ] did not comply with an order issued under the Family Maintenance Enforcement Act
[ ] there are reasonable grounds to believe that ................[name of person]................ is about to leave British Columbia in order to evade or hinder the enforcement of a support order.
YOU are hereby ordered to apprehend ................[name of person]................ and promptly bring him or her before a judge of the Supreme Court, and, after that, to deal with him or her as directed.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. A Judge of the Supreme Court of British Columbia |
...........................[type or print name]..........................
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
SUBPOENA TO DEBTOR
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ............................[name]............................
TAKE NOTICE that the amount set out in the endorsement below is now owing by the debtor ....................[name].................... on the order dated ........[dd/mmm/yyyy]........, a copy of which is attached.
YOU ARE REQUIRED TO APPEAR PERSONALLY at the courthouse at .................[address]................. at ........[time of day]........ on ........[dd/mmm/yyyy]........ to be examined on oath as to:
(a) the income and property of the debtor,
(b) the debts owed to and by the debtor,
(c) the disposal the debtor has made of any property, and
(d) the means the debtor has, or has had, or in future may have, of satisfying the order.
WARNING: Failure to attend at the hearing of this subpoena can result in your arrest and committal to prison WITHOUT DELIVERY TO YOU OF ANY FURTHER NOTICE OR DOCUMENT.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] creditor [ ] lawyer for creditor(s) |
...........................[type or print name]..........................
Address for service of creditor(s): ................................................................................
Endorsement of Amount Payable
[Set out, in the form of an account, the amount of the debt or instalment owing, the costs incurred on the order and of proceedings subsequent to the order, the amounts paid and dates of payment, the interest owing and how computed.]
| Subtotal | $................ |
| Add Expenses of service by sheriff [to be
endorsed by officer serving at the time of service] |
$................ |
| Total amount payable | $................ |
If the total amount payable is paid to the creditor or into court for the account of the creditor before the date of the hearing, you are excused from attending.
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
EXAMINER'S REPORT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I, .................................., a registrar designated as an examiner by the Chief Justice of the Supreme Court of British Columbia under Rule 15-6 (5) (c) of the Supreme Court Family Rules, report:
1 that a subpoena was issued under Rule 15-6 (1) directed to .................................. . A copy of the subpoena is attached;
2 that the subpoena was served in accordance with the provisions of Rule 15-6 (3) and proof of service filed;
3 that the person subpoenaed:
[Check the correct box(es).]
[ ] did not attend as required at the hearing;
[ ] refused to be sworn or to affirm or to answer any question put to the person at the hearing;
[ ] after an order to that effect, refused or neglected to produce or permit to be inspected any document or property;
[ ] did not give answers that were to the satisfaction of the examiner;
4 that the lawyer for the creditor appeared at the time and place and on the date fixed for the hearing;
5 that under Rule 15-6 (8) I have fixed ........[dd/mmm/yyyy]........ at ........[time of day]........ at the courthouse at ....................[address].................... as the time and place for appearance before the court.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Examiner |
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF APPLICATION FOR COMMITTAL
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
To: ....................[name of person]....................
WHEREAS on ........[dd/mmm/yyyy]........ the creditor, ....................[name]...................., obtained against you an order to pay ....................[set out terms of order]...................., and the creditor alleges that you have failed or neglected to make payment in accordance with the order and that you knew of the order;
TAKE NOTICE that an application will be made by the creditor at the courthouse at ....................[address].................... at ........[time of day]........ on ........[dd/mmm/yyyy]........ for an order committing you to prison;
AND TAKE NOTICE that the creditor will rely on the following affidavit(s) in support of the application:
[Using numbered paragraphs, list the affidavits on which the creditor will rely. Each affidavit included on the list must be identified as follows: "Affidavit #.......... [sequential number, if any, recorded in the top right hand corner of the affidavit].......... of ....................[name]...................., made ........[dd/mmm/yyyy]........".]
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WARNING: Failure to attend at the hearing of this application can result in your arrest and committal to prison WITHOUT SERVICE ON YOU OF ANY FURTHER NOTICE OR DOCUMENT.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] creditor [ ] lawyer for creditor(s) |
...........................[type or print name]..........................
Address for service of creditor(s): ................................................................
Endorsement of Amount Payable
[Set out, in the form of an account, the amount of the debt or instalment owing, the costs incurred on the order and on proceedings subsequent to the order, the amounts paid and the dates of payment and the interest owing and how it was computed.]
| Subtotal | $................ |
| Add Expenses of service | $................ |
| Total amount payable | $................ |
If the total amount payable is paid to the creditor or into court for the account of the creditor before the date of the hearing, you are excused from attending.
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
ORDER OF COMMITTAL
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
BEFORE THE HONOURABLE JUSTICE ....[dd/mmm/yyyy]....
THIS COURT ORDERS that:
1 by reason of ...........................[grounds of committal]..........................., .................[person to be committed]................. be committed to prison for .......... days;
2 the sheriff and all peace officers arrest .................[person to be committed]................. and bring him or her promptly before this court at ..............................[address].............................. and, unless otherwise ordered, deliver him or her to the warden of ....................[name of prison]....................;
3 the warden receive .................[person to be committed].............. and keep him or her for .......... days from his or her arrest under this order or until he or she is sooner discharged by due process of law.
By the Court.
..................................................................................
Registrar
This order is in force for one year only from the date of the order.
Endorsement of Amount Payable
[Set out, in the form of an account, the amount of the debt or instalment owing, the costs incurred on the order and on the proceedings subsequent to the order, the amounts paid and the dates of payment and the interest owing and how it was computed.]
| Subtotal | $................ |
| Add – | |
| 1 Expenses of service | $................ |
| 2 Maintenance money [to be endorsed by warden at the time payment is tendered] | $................ |
| Total amount payable | $................ |
If the total amount payable is paid to the registrar, or to the sheriff or peace officer or warden who has you in his or her custody, then this order will be discharged.
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This is the ......[1st/2nd/3rd/etc.]...... affidavit
of ..............[name].............. in this case
nd was made on .........[dd/mmm/yyyy].........
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
CERTIFICATE OF RESULT OF SALE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
| Property Sold | Name of Purchaser | Price | Amount Received | Date of Sale |
| Totals | ||||
I, ...............[name]..............., of ....................[address]...................., ....................[occupation]...................., SWEAR (OR AFFIRM) THAT:
1 I did, in accordance with the provisions of the order of this court dated ........[dd/mmm/yyyy]........, sell by ........[auction or as the case may be]........ the property described in the certificate on the day shown in the certificate.
2 The result of the sale is truly set forth in the certificate.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| ) | Person conducting sale | |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) |
....[print name or affix stamp of commissioner]....
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Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
BILL OF COSTS
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
This is the bill of costs of: ........................[name(s)]........................
| PART A — SCALE OF DIFFICULTY |
| [Check the correct box(es).] |
| The scale of difficulty of the family law case |
| [ ] was determined by
the court to
be [ ] less than ordinary difficulty [ ] ordinary difficulty [ ] more than ordinary difficulty |
| [ ] was not determined by the court and is therefore ordinary difficulty. |
| PART B — TARIFF ITEMS | ||||
| Item | Description | Basis of calculation | Amount | |
| 1 | Correspondence, conferences, instructions, investigations or negotiations and preparation, filing and service of pleadings and petitions and responses to petitions | Scale of difficulty — from Part A of this bill of costs: | ||
| less than ordinary difficulty [claim $1 000] | ||||
| ordinary difficulty [claim $3 000] | ||||
| more than ordinary difficulty [claim $5 000] | ||||
| 2 | Process for discovery and inspection of documents | Scale of difficulty — from Part A of this bill of costs: | ||
| less than ordinary difficulty [claim $750] | ||||
| ordinary difficulty [claim $2 000] | ||||
| more than ordinary difficulty [claim $5 000] | ||||
| 3 | Preparation for and attendance at each examination for discovery | Number of days attendance at examinations for discovery: ..........(x $1 000) |
||
| 4 | Preparation for and attendance at each contested application | Number of 1/2 days attendance at contested applications: ..........(x $1 000) |
||
| 5 | Preparation for and attendance at each judicial case conference or settlement conference | Number of 1/2 days attendance at judicial case conferences and
settlement conferences: ..........(x $1 000) |
||
| 6 | Preparation for and attendance at each uncontested application or trial management conference | Number of uncontested applications and trial management
conferences: .......... (x $500) |
||
| 7 | Preparation for and attendance at trial of family law case or of an issue in a family law case | Number of days attendance at trial for each day of trial up to and
including the 5th day of trial: ..........(x $2 000) |
||
| Number of days attendance at trial for each day of trial after the
5th day of trial: ..........(x $3 000) |
||||
| 8 | Preparation for and attendance at each examination in aid of execution and subpoena to debtor | $250 | ||
| 9 | All process relating to execution on or enforcement of an order — other than applications to court | $250 | ||
| TOTAL | ||||
| PART C — OTHER COSTS AWARDED THE PARTY PRESENTING THE BILL | |||
| Description of costs awarded | Date of order by which award of costs was made |
Costs allowed | |
| TOTAL OTHER COSTS | |||
| PART D — TOTAL COSTS | ||
| TOTAL COSTS ALLOWED: TOTAL from Part B + TOTAL OTHER COSTS from Part C = |
||
| Tax imposed under | the Social Service Tax Act = | Part IX [Goods and Services Tax] of the Excise Tax Act (Canada) = |
| TOTAL COSTS AND TAX | ||
| PART E — DISBURSEMENTS | ||||||
| Description | Claimed | Allowed | Tax imposed under the Social Service Tax Act | Tax imposed under Part IX [Goods and Services Tax] of the Excise Tax Act (Canada) | Total | |
| TOTAL DISBURSEMENTS AND TAX | ||||||
| TOTAL COSTS AND DISBURSEMENTS: | |
| TOTAL COSTS AND TAX from Part D + | |
| TOTAL DISBURSEMENTS AND TAX from Part E = | |
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of assessing officer |
|
|
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Claimant:
Respondent:
CERTIFICATE OF COSTS
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
I CERTIFY
[ ] by consent of the parties
[ ] following assessment
that on ........[dd/mmm/yyyy]........, the costs of ....................[party(ies)].................... have been allowed against ....................[party(ies)].................... in the amount of $............. .
Consented to:
[If this certificate is filed by consent, a signature line in the following form must be completed and signed by or for each consenting party.]
..............................................................................
Signature of [ ] party [ ] lawyer for .......[name of
party(ies)].....
.........................[type or print name]........................
..............................................................................
Signature of [ ] party [ ] lawyer for .......[name
of party(ies)].....
.........................[type or print name]........................
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Registrar |
[This certificate may be set out in a separate document or may be endorsed on the bill of costs.]
|
|
Court File No.: .........................
Court Registry: ..........................
In the Supreme Court of British Columbia
Petitioner:
Respondent:
PETITION TO THE COURT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
This family law case has been started by the petitioner(s) for the relief set out in Part 1 below.
If you intend to respond to this petition, you or your lawyer must
(a) file a response to petition in Form F74 of the Supreme Court Family Rules in the above-named registry of this court within the time for response to petition described below, and
(b) serve on the petitioner(s)
(i) 2 copies of the filed response to petition, and
(ii) 2 copies of each filed affidavit on which you intend to rely at the hearing.
Orders, including orders granting the relief claimed, may be made against you, without any further notice to you, if you fail to file the response to petition within the time for response.
Time for response to petition
A response to petition must be filed and served on the petitioner(s),
(a) if you reside anywhere within Canada, within 21 days after the date on which a copy of the filed petition was served on you,
(b) if you reside in the United States of America, within 35 days after the date on which a copy of the filed petition was served on you,
(c) if you reside elsewhere, within 49 days after the date on which a copy of the filed petition was served on you, or
(d) if the time for response has been set by order of the court, within that time.
| (1) | The address of the registry is: |
| (2) | The ADDRESS FOR SERVICE of the petitioner(s) is:
..........[Set out the street address of the address for service
for each petitioner. One or both of a fax number and an e-mail
address may be given as additional addresses for
service.].......... Fax number address for service (if any) of the petitioner(s): E-mail address for service (if any) of the petitioner(s): |
| (3) | The name and office address of the petitioner's(s') lawyer is: |
Claim of the Petitioner(s)
Part 1: ORDER(S) SOUGHT
[Using numbered paragraphs, set out the order(s) that will be sought
at the hearing of the petition and
indicate against which respondent(s)
the order(s) is(are) sought.]
1
2
Part 2: FACTUAL BASIS
[Using numbered paragraphs, set out the material facts on which this petition is based.]
1
2
Part 3: LEGAL BASIS
[Using numbered paragraphs, specify any rule or other enactment
relied on and provide a brief summary
of any other legal bases on which
the petitioner(s) intend(s) to rely in support of the orders
sought.]
1
2
Part 4: MATERIAL TO BE RELIED ON
[Using numbered paragraphs, list the affidavits served with the
petition. Each affidavit included on the list
must be identified as
follows: "Affidavit #..........[sequential number, if any, recorded
in the top right hand
corner of the affidavit].......... of
..........[name].........., made
........[dd/mmm/yyyy]........".]
1
2
The petitioner(s) estimate(s) that the hearing of the petition will take ............. minutes.
| Date: ................[dd/mmm/yyyy]................. | .................................................................................. Signature of [ ] petitioner [ ] lawyer for petitioner(s) |
...........................[type or print name].........................
| To be completed by the court only: Order made [ ] in the terms requested in paragraphs ...................... of Part 1 of this petition [ ] with the following variations and additional terms: .............................................................................................................. .............................................................................................................. .............................................................................................................. |
|
| Date: .......[dd/mmm/yyyy]........ | .................................................... Signature of [ ] Judge [ ] Master |