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"Point in Time" Regulation Content

Court Rules Act

Supreme Court Family Rules

B.C. Reg. 169/2009

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Rule 1-1 July 1, 2010
March 18, 2013
March 18, 2013
May 26, 2014
July 1, 2014
December 22, 2014
Rule 2-1 March 18, 2013
Rule 2-1.1 March 18, 2013
Rule 2-1.2 July 1, 2014
Rule 2-2.1 July 1, 2016
Rule 3-1 March 18, 2013
May 26, 2014
July 1, 2014
Rule 4-1 March 18, 2013
Rule 4-4 July 1, 2010
March 18, 2013
December 22, 2014
Rule 5-1 March 18, 2013
December 22, 2014
Rule 6-3 March 18, 2013
March 18, 2013
July 1, 2014
Rule 6-4 July 1, 2010
Rule 6-5 March 18, 2013
Rule 7-1 July 1, 2011
March 18, 2013
December 22, 2014
Rule 8-1 July 1, 2010
Rule 8-2 March 18, 2013
Rule 9-1 July 1, 2010
Rule 9-2 July 1, 2010
July 1, 2012
Part 10 Division 2 March 18, 2013
Rule 10-1 March 18, 2013
Rule 10-2 July 1, 2010
Rule 10-3 March 18, 2013
Rule 10-4 March 18, 2013
March 18, 2013
Rule 10-5 July 1, 2010
March 18, 2013
July 1, 2014
Rule 10-6 July 1, 2010
July 30, 2010
March 18, 2013
July 1, 2014
Rule 10-7 July 1, 2010
March 18, 2013
July 1, 2014
Rule 10-8 July 1, 2010
Part 10 Division 3 March 18, 2013
Rule 10-10 March 18, 2013
Rule 11-1 July 1, 2010
July 1, 2014
Rule 11-2 July 1, 2010
Rule 11-3 July 1, 2010
July 30, 2010
Rule 13-1 March 18, 2013
Rule 13-3 March 18, 2013
December 22, 2014
Rule 13-6 July 1, 2010
Rule 14-2 July 1, 2010
Rule 14-3 April 25, 2012
Rule 14-4 July 1, 2010
Rule 14-5 July 1, 2010
Rule 15-1 July 1, 2010
March 18, 2013
July 1, 2014
July 1, 2015
Rule 15-2 July 1, 2016
Rule 15-2.1 March 18, 2013
Rule 15-3 March 18, 2013
Rule 15-4 July 1, 2010
March 18, 2013
Rule 15-6 July 1, 2010
Rule 15-7 July 1, 2010
Rule 16-1 March 18, 2013
Rule 16-2 March 18, 2013
Rule 17-1 July 1, 2010
July 1, 2011
Rule 18-3 July 1, 2011
Rule 20-2 March 18, 2013
Rule 20-5 July 1, 2010
July 1, 2011
July 1, 2012
July 1, 2015
Rule 20-6 May 26, 2014
Rule 21-3 March 18, 2013
Rule 21-5 July 1, 2010
Rule 21-7 July 1, 2012
Rule 22-1 March 18, 2013
Rule 22-3 July 1, 2010
Rule 22-4 March 18, 2013
July 1, 2014
Rule 22-6 July 1, 2013
Rule 22-7 July 1, 2012
July 1, 2013
Rule 23-2 March 18, 2013
Form F1 March 18, 2013
Form F1.1 July 1, 2016
Form F1.2 July 1, 2016
Form F3 July 1, 2010
July 1, 2011
March 18, 2013
July 1, 2016
Form F4 March 18, 2013
March 18, 2013
July 1, 2016
Form F5 July 1, 2011
March 18, 2013
March 18, 2013
July 1, 2016
Form F6 July 1, 2010
March 18, 2013
March 18, 2013
Form F8 March 18, 2013
Form F11 March 18, 2013
Form F15 July 1, 2011
Form F17 July 1, 2010
Form F17.1 March 18, 2013
Form F17.2 March 18, 2013
Form F17.3 July 1, 2014
Form F19 July 1, 2010
March 18, 2013
Form F20 July 1, 2010
July 1, 2016
Form F21 July 1, 2016
Form F23 March 18, 2013
Form F31 July 1, 2010
July 30, 2010
March 18, 2013
July 1, 2014
Form F33 July 1, 2010
July 1, 2013
Form F34 July 1, 2013
Form F35 July 1, 2010
Form F36 July 1, 2011
Form F37 July 1, 2010
July 1, 2011
April 25, 2012
March 18, 2013
March 18, 2013
Form F38 July 1, 2010
July 1, 2011
April 25, 2012
March 18, 2013
July 1, 2013
Form F43 March 18, 2013
Form F44 July 1, 2010
July 1, 2011
July 1, 2015
Form F45 July 1, 2011
July 1, 2014
Form F46 July 1, 2010
Form F51 July 1, 2010
April 25, 2012
March 18, 2013
July 1, 2013
Form 51.1 July 1, 2015
Form F52 July 1, 2010
April 25, 2012
July 1, 2013
July 1, 2014
Form F53 July 1, 2010
Form F54 July 1, 2010
July 1, 2011
March 18, 2013
Form F54.1 March 18, 2013
Form F54.2 March 18, 2013
March 18, 2013
Form F55 March 18, 2013
Form F58 July 1, 2011
April 25, 2012
Form F59 July 1, 2011
Form F60 July 1, 2011
Form F61 July 1, 2011
Form 63 March 18, 2013
Form F71 July 1, 2010
April 1, 2013
Form 71.1 March 18, 2013
Form F72 March 18, 2013
Form F73 July 1, 2011
July 1, 2013
Form F79 July 1, 2010
July 1, 2011
Form F80 July 1, 2010
July 1, 2011
Form F85 July 1, 2010
April 25, 2012
July 1, 2012
Form F86 July 1, 2011
July 1, 2012
Form F89 July 1, 2011
Form F95 July 1, 2011
July 1, 2012
Form 96 July 1, 2012
Form F98 July 1, 2010
Form F100 July 1, 2010
July 1, 2011
Form F101 March 18, 2013
Appendix C July 1, 2010
Appendix C Schedule 1 July 1, 2011
March 18, 2013
March 18, 2013
July 1, 2013
May 26, 2014
May 26, 2014
July 1, 2014
Appendix C Schedule 4 July 1, 2011
March 18, 2013
May 26, 2014
May 26, 2014
July 1, 2014

 Rule 1-1 (1) definition of "undefended family law case" paragraph (c) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(c) a response to family claim has been filed but the response to family claim has been

 Rule 1-1 (1) definition of "Chief Justice" was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 1-1 (1) definitions of "family court counsellor", "family law case" and "party" BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

"family court counsellor" means a person appointed as a family court counsellor under section 3 of the Family Relations Act;

"family law case" means a proceeding in which one or more of the following orders is sought:

(a) an order under the Divorce Act;

(b) an order under the Family Relations Act;

(c) an order in relation to an agreement between persons who are or have been married or who are or have been in a marriage-like relationship, including a marriage agreement within the meaning of the Family Relations Act;

(d) an order for annulment of marriage;

(e) an order,

(i)  based on unjust enrichment or other trust claims, for an interest in property or

(ii)  based on unjust enrichment, for compensation

if the claim for the interest or compensation arises out of a marriage-like relationship;

(f) an order for a declaration of parentage;

(g) an order for adoption;

[Orders available under a family law case include orders for custody or guardianship of, or access to, a child, orders for support for a child, spouse or parent, restraining orders, orders prohibiting interference with a child, orders dealing with property and divorce orders.]

"party" means

(a) a claimant,

(b) a respondent,

(c) a respondent by way of counterclaim,

(d) a petitioner,

(e) a petition respondent, and

(f) if a support order is filed with him or her, the FMEP Director in relation to the following:

(i)  any matter arising under section 9, 14 (1) or (2), 16 (3) or (4), 18 (2), 19, 20, 21, 22 (1), 23 (1), 26 (10), 29, 30, 30.1, 31, 39 (1) or 46 (1) of the Family Maintenance Enforcement Act;

(ii)  an application to change a support order that is in arrears, other than a support order under the Divorce Act;

(iii)  an application to change a support order made under the Divorce Act if the order has been assigned to a minister designated by the Lieutenant Governor in Council under the Divorce Act;

 Rule 1-1 (1) definition of "regional manager" BEFORE amended by BC Reg 27/2013 effective March 18, 2013.

"regional manager" in relation to a registry, means the regional manager of the Family Justice Services Division (Justice Services Branch), Ministry of Attorney General, who is responsible for the region in which the registry is located;

 Rule 1-1 (1) definition of "family law case" paragraph (c) BEFORE amended by BC Reg 90/2014 effective May 26, 2014.

"family law case" means a proceeding in which one or more of the following orders is sought:

(a) an order under the Divorce Act;

(b) an order under the Family Law Act;

(c) an order for annulment of marriage;

(d) an order,

(i) based on unjust enrichment or other trust claims, for an interest in property, or

(ii) based on unjust enrichment, for compensation

if the claim for the interest or compensation arises out of a marriage-like relationship;

(e) an order for adoption,

and includes a proceeding that, under Rule 3-1 (4.1), was started by the filing of a requisition and agreement under Rule 2-1 (1);

[Orders available under a family law case include orders concerning guardianship, parenting arrangements or contact with a child, orders for support for a child or spouse, protection orders, orders dealing with property and divorce orders.]

 Rule 1-1 (1) the definition of "arbitration award" was added by BC Reg 121/2014 effective July 1, 2014.

 Rule 1-1 (1) paragraph (h) was added to the definition of "family law case" by BC Reg 121/2014 effective July 1, 2014.

 Rule 1-1 (1) the definition of "family law case", paragraph (b.1) was added by BC Reg 249/2014 effective December 22, 2014.

 Rule 1-1 (1) the definition of "FHRMIRA order" was added by BC Reg 249/2014 effective December 22, 2014.

 Rule 2-1 BEFORE enacted by BC Reg 133/2012 effective March 18, 2013.

Rule 2-1  -  Agreements

Written agreements

(1)  A copy of a written agreement referred to in section 122 (1) of the Family Relations Act may be filed in a registry.

[Under section 122 of the Family Relations Act, an agreement filed under this Rule can be enforced as if it were an order of the court.]

Written agreements

(1)  A copy of a written agreement referred to in section 15, 44 (3), 58 (3), 148 (2) or 163 (3) of the Family Law Act may be filed in a registry.

[en. B.C. Reg. 133/2012 Sch. s. 2.]

 Rule 2-1 (1) BEFORE amended by BC Reg 133/2012 [amended by BC Reg 67/2013] effective March 18, 2013.

A copy of a written agreement referred to in section 15, 44 (3), 58 (3), 148 (2) or 163 (3) of the Family Law Act may be filed in a registry.

 Rule 2-1.1 was added by BC Reg 133/2012 effective March 18, 2013.

 Rule 2-1.2 was enacted by BC Reg 121/2014 effective July 1, 2014.

 Rule 2-2.1 was enacted by BC Reg 4/2016 effective July 1, 2016.

 Rule 3-1 (1) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

Commencing family law cases by notice of family claim

(1)  Except for those special situations referred to in subrule (2) of this rule, every family law case must be started by filing a notice of family claim under Rule 4-1.

 Rule 3-1 (2) BEFORE repealed by BC Reg 133/2012 effective March 18, 2013.

Special situations

(2)  The following family law cases must be started as follows:

(a) a joint family law case must be started in accordance with Rule 2-2;

(b) an order for adoption must be sought in a family law case started in accordance with subrule (3) of this rule;

(c) an order for a declaration of parentage must be sought in a family law case started in accordance with subrule (3);

(d) an order for return of a child under the Convention on the Civil Aspects of International Child Abduction signed at The Hague on October 25, 1980 must be sought in a family law case started in accordance with subrule (3);

(e) an order granting a person who is not a spouse or former spouse

(i)  leave under section 16 (3) of the Divorce Act to make an application for

(A)  custody of,

(B)  access to,

(C)  interim custody of, or

(D)  interim access to

a child, or

(ii)  leave under section 17 (2) of the Divorce Act to make an application for an order varying, rescinding or suspending, prospectively or retroactively, a custody order or support order,

must be sought in a family law case started in accordance with subrule (3) of this rule;

(f) an order under section 36 (1) of the Family Relations Act to apprehend a child must be sought in accordance with subrule (4) of this rule;

(g) an order under section 48 (1) of the Family Relations Act to enforce an extraprovincial order must be sought in accordance with subrule (4) of this rule;

(h) an order under the Divorce Act to rescind, change, suspend or supersede a support order or custody order of another court must be sought in accordance with subrule (4) of this rule.

 Rule 3-1 (2.1) was added by BC Reg 133/2012 effective March 18, 2013.

 Rule 3-1 (2.2) was added by BC Reg 133/2012 effective March 18, 2013.

 Rule 3-1 (2.3) was added by BC Reg 133/2012 effective March 18, 2013.

 Rule 3-1 (2.4) was added by BC Reg 133/2012 effective March 18, 2013.

 Rule 3-1 (3) and (4) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

Petitions

(3)  To obtain any of the orders referred to in subrule (2) (b) to (e), a person must start a family law case by petition under Rule 17-1 and seek the order within that family law case.

Applications and petitions

(4)  To obtain any of the orders referred to in subrule (2) (f) to (h) of this rule, a person may apply for the order as follows:

(a) if there is an existing family law case within which, under these Supreme Court Family Rules, it is appropriate to seek that order, the application for that order may be made in that family law case;

(b) if there is no existing family law case within which it is appropriate to seek that order, a person wishing to obtain that order must start a family law case by petition under Rule 17-1 and seek the order within that family law case.

 Rule 3-1 (4.1) was added by BC Reg 133/2012 effective March 18, 2013.

 Rule 3-1 (4.2) was added by BC Reg 133/2012 effective March 18, 2013.

 Rule 3-1 (4.3) was added by BC Reg 133/2012 effective March 18, 2013.

 Rule 3-1 (5) (a) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

(a) relief referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) of the definition of "family law case" in Rule 1-1 is being sought in the family law case, and

 Rule 3-1 (4.4) was added by BC Reg 90/2014 effective May 26, 2014.

 Rule 3-1 (1) BEFORE amended by BC Reg 121/2014 effective July 1, 2014.

Commencing family law cases by notice of family claim

(1)Except for those special situations referred to in subrules (2.1) to (2.4) and (4.1) of this rule, every family law case must be started by filing a notice of family claim under Rule 4-1.

[am. B.C. Reg. 133/2012, Sch. s. 3(a).]

 Paragraphs (f) and (g) were added to Rule 3-1 subrule 2.4 by BC Reg 121/2014 effective July 1, 2014.

 Subrules (4.5) and (4.6) were added to Rule 3-1 by BC Reg 121/2014 effective July 1, 2014.

 Rule 4-1 (1) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

Notice of family claim

(1)  To start a family law case other than a family law case referred to in Rule 3-1 (2), a person must file a notice of family claim in Form F3.

[A joint family law case is to be brought under Rule 2-2.]

[An application to change an existing order is to be brought under Part 10.]

 Rule 4-4 (7.1) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 4-4 (1) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

Counterclaim

(1)  In addition to filing a response to family claim under Rule 4-3, a respondent may bring one or more of the following against the claimant:

(a) a claim under the Divorce Act;

(b) a claim under the Family Relations Act;

(c) a claim in relation to an agreement between persons who are or have been married or who are or have been in a marriage-like relationship, including a marriage agreement within the meaning of the Family Relations Act;

(d) a claim for annulment of marriage;

(e) a claim,

(i)  based on unjust enrichment or other trust claims, for an interest in property, or

(ii)  based on unjust enrichment, for compensation

if the claim for the interest or compensation arises out of a marriage-like relationship;

(f) a claim that, on its own, would not be the subject matter of a family law case if the claim is related to or connected with any of the relief sought in the family law case.

[Orders that may be sought under subrule (1) include orders for divorce, orders for custody or guardianship of, or access to, a child, orders for support for a child, spouse or parent, restraining orders, orders prohibiting interference with a child and orders dealing with property.]

 Rule 4-4 (1)(b.1) was added by BC Reg 249/2014 effective December 22, 2014.

 Rule 5-1(1) definition of "child support guidelines", paragraph (a) BEFORE amended by BC Reg 133/2012 effective March 18, 2012.

(a) in reference to a claim under the Family Relations Act, the child support guidelines established under the Family Relations Act, or

 Rule 5-1 (1) definition of "party", BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

"party" means a person named as a party to a family law case who is claiming, or against whom is claimed,

(a) an order for child support or an order changing an order for child support,

(b) an order for spousal support or an order changing an order for spousal support,

(c) an order for parental support or an order changing an order for parental support, or

(d) relief under Part 5 of the Family Relations Act;

 Rule 5-1 (1) definition of "stepparent", paragraph (a) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

(a) a stepparent of the child within the meaning of section 1 (2) of the Family Relations Act, or

 Rule 5-1 (2), (9), (10) and (28) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

Application of this rule

(2)  This rule applies to a family law case as follows:

(a) if, in the family law case, a person is seeking to obtain or to change an order for child support, subrules (1), (3) to (8) and (11) to (32) apply;

(b) if, in the family law case, a person is seeking to obtain, review or change an order for spousal support or parental support, subrules (1), (3), (9) and (11) to (32) apply;

(c) if, in the family law case, a person is seeking to obtain or to change an order for relief under Part 5 of the Family Relations Act, subrules (1), (3) and (10) to (32) apply.

Who must provide income documents

(9)  In addition to any other documents a party is obliged to file and serve under this rule, a party must file Parts 1, 2 and 3 of a Form F8 financial statement along with the party's applicable income documents, and must serve those Parts and applicable income documents under subrule (11), if one of the following is true:

(a) the party is seeking to obtain a spousal support order or a parental support order;

(b) the party is seeking to change a spousal support order or a parental support order;

(c) a spousal support order or a parental support order is being sought against the party;

(d) a spousal support order or a parental support order has been obtained against the party and another party is seeking to change that order.

Each party who is making a claim under Part 5 of the Family Relations Act or against whom such a claim is being made mustWithout limiting Rule 21-5, if a party fails to comply with a requirement under this rule to file or serve a Form F8 financial statement or any applicable income document or fails to comply with an order under this rule to provide particulars, the court may do any or all of the following:

(e) impose a fine under section 92 (1) of the Family Relations Act;

 Rule 5-1 (1) definition of "party" BEFORE amended by BC Reg 133/2012 [amended by BC Reg 67/2013] effective March 18, 2013.

"party" means a person named as a party to a family law case who is claiming, or against whom is claimed,

(a) an order for child support or an order changing, suspending or terminating an order for child support,

(b) an order for spousal support or an order changing, suspending or terminating an order for spousal support,

(c) Repealed. [B.C. Reg. 133/2012, Sch. s.7(c).]

(d) relief under Part 5 of the Family Law Act;

 Rule 5-1(1) definition of "party" BEFORE amended by BC Reg 249/2014 effective December 22, 2014.

"party" means a person named as a party to a family law case who is claiming, or against whom is claimed,

(a) an order for child support or an order changing, suspending or terminating an order for child support,

(b) an order for spousal support or an order changing, suspending or terminating an order for spousal support, or

(c) Repealed. [B.C. Reg. 67/2013, Sch. s. 1 (c).]

(d) relief under Part 5 of the Family Law Act;

 Rule 5-1(2)(c.1) was added by BC Reg 249/2014 effective December 22, 2014.

 Rule 5-1(10) BEFORE amended by BC Reg 249/2014 effective December 22, 2014.

Who must provide Part 3 of a Form F8 financial statement

(10)Each party who is making a claim under Part 5 of the Family Law Act or against whom such a claim is being made must

(a) file Part 3 of a Form F8 financial statement, in addition to any other documents that the party is obliged to file under this rule, and

(b) serve that Part 3 under subrule (11).

[am. B.C. Reg. 133/2012, Sch. s. 5.]

 Rule 6-3 (1) (e) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

(e) a notice of application to rescind, change or suspend an existing final order and the accompanying documents referred to in Rule 10-6 (6);

 Rule 6-3 (1)(k) BEFORE repealed by BC Reg 133/2012 effective March 18, 2013.

(k) a request for the recognition of a custody or access order made outside British Columbia;

 Rule 6-3 (3) BEFORE amended by BC Reg 27/2013 effective March 18, 2013.

Service on Attorney General

(3)  A document to be served on the Attorney General must be served at the Ministry of Attorney General in the City of Victoria, and is sufficiently served if it is left during office hours with any lawyer on the staff of the Attorney General at Victoria or mailed by registered mail to the Deputy Attorney General at Victoria.

 Rule 6-3 (1) (e) (iv) was added by BC Reg 121/2014 effective July 1, 2014.

 Rule 6-4 (1) and (2) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Alternative service methods

(1)  If it is impracticable to serve a document by personal service or if the person to be served by personal service

(a) cannot be found after a diligent search, or

(b) is evading service of the documents,

the court may make an order, on application without notice, granting permission to use an alternative method of service.

If an alternative service method is permitted

(2)  If a document is to be served by an alternative method permitted under subrule (1), a copy of the entered order permitting that alternative method must be served with the document unless

(a) the court otherwise orders, or

(b) the alternative method of service permitted under subrule (1) is service by advertisement.

 Rule 6-5 (1) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

A notice of family claim, counterclaim, petition or other document in a family law case may be served on a person outside British Columbia without leave if the court has jurisdiction in relation to the family law case under section 10 of the Court Jurisdiction and Proceedings Transfer Act, section 44 or 45 of the Family Relations Act or section 3 or 4 of the Divorce Act.

 Rule 7-1 (19) was added by BC Reg 95/2011 July 1, 2011.

 Rule 7-1 (3) (b), (e) and 7-1 (15)(d) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

(b) an application for an order under section 67 of the Family Relations Act restraining the disposition of assets;

(e) an application to change a final order.

(d) with the consent of the parties, refer any issues to mediation with a private mediator;

 Rule 7-1 (3)(a) BEFORE repealed by BC Reg 133/2012 effective March 18, 2013.

(a) an application for a declaration under section 57 of the Family Relations Act that there is no reasonable prospect of reconciliation;

 Rule 7-1 (3) (f) and (g) were added by BC Reg 133/2012 effective March 18, 2013.

 Rule 7-1 (15) (f) BEFORE amended by BC Reg 27/2013 effective March 18, 2013.

(f) direct a party to attend the Parenting after Separation program operated by the Family Justice Services Division (Justice Services Branch), Ministry of Attorney General;

 Rule 7-1(3)(b.1) was added by BC Reg 249/2014 effective December 22, 2014.

 Rule 8-1 (1) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

When pleading may be amended

(1)  Subject to Rules 8-2 (9) and 9-6 (5), a party may amend the whole or any part of, including any Schedule to, a pleading filed by the party

(a) once without leave of the court, at any time before service of the notice of trial, or

(b) after a notice of trial is served, only with

(i)  leave of the court, or

(ii)  written consent of the parties.

 Rule 8-2 (8) (b) (ii) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

(ii)  the person may apply to the court to change or cancel the order within 21 days after the date on which the order is served on the person under subparagraph (i) of this paragraph, and

 Rule 9-1 (6), (7) (a) and (b), (8), (11) (b) (i) and (ii), (12) and (13) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Supplementary list of documents

(6)  If, after a list of documents has been served under this rule,

(a) it comes to the attention of the party serving it that the list is inaccurate or incomplete, or

(b) there comes into the party's possession or control a document that could be used by any party at trial to prove or disprove a material fact or any other document to which the party intends to refer at trial,

the party must promptly serve on the other parties a supplementary list of documents specifying the inaccuracy or document.

(a) prepare a supplementary list of documents,

(b) serve on the demanding party the supplementary list of documents, and

Party may demand additional documents

(8)  If a party who has received a list of documents believes that the list should include documents or classes of documents that relate to any or all matters in question in the family law case but that are additional to the documents or classes of documents required under subrule (1) or (6), the party, by written demand that identifies the additional documents or classes of documents with reasonable specificity and that indicates the reason why such additional documents or classes of documents should be disclosed, may require the party who prepared the list to

(a) prepare a supplementary list of documents,

(b) serve on the demanding party the supplementary list of documents, and

(c) make the originals of the newly listed documents available for inspection and copying in accordance with subrules (12) and (13).

(i)  prepare a supplementary list of documents to list additional documents that are or have been in the party's possession or control relating to any or all matters in question in the family law case,

(ii)  serve the supplementary list of documents on all parties, and

Inspection of documents

(12)  A party who has served a list of documents on any other party must allow the other party to inspect and copy, during normal business hours and at the location specified in the list of documents, the listed documents that are in the listing party's possession or control, except those documents that the listing party objects to producing.

Copies of documents

(13)  If a party is entitled to inspect documents in the possession or control of another party, the party having possession or control of the documents must, on the request of the party entitled to inspection and on receiving payment in advance of the cost of reproduction and service, serve on the requesting party copies of the documents, if reproducible, for which a request has been made.

 Rule 9-2 (7) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Examination of guardian and infants

(7)  If a party to be examined for discovery is an infant, the infant, his or her guardian and his or her litigation guardian may be examined for discovery.

 Rule 9-2(12)(b)BEFORE amended by B.C. Reg 112/2012 effective July 1, 2012.

(b) in any other case, ensure that, at least 7 days before the examination for discovery, the person to be examined is served with an appointment in Form F21 and is tendered witness fees in the amount required under Schedule 3 of Appendix C;

 Part 10, Division 2 heading BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

Division 2 - Non-final and Change Orders

 Rule 10-1 (1) BEFORE reenacted by BC Reg 133/2012 effective March 18, 2013.

Applications for non-final orders or to rescind, change or suspend a final order

(1)  To obtain a non-final order, or to rescind, change or suspend a final order, a party must apply in accordance with Rule 10-5.

 Rule 10-2 (7) and (8) BEFORE repealed by BC Reg 119/2010 effective July 1, 2010.

Transfer of file

(7)  If a procedure authorized by subrule (2) or (4) is followed,

(a) the original registry must, if practicable, transfer the file to the registry where the hearing is to take place, and

(b) after the disposition of the application, the registry where the hearing took place must return the file to the original registry.

Forwarding of materials if transfer of file impracticable

(8)  If it is not practicable to transfer the file in the manner contemplated by subrule (7) (a), the registry where the hearing took place must, after the disposition of the application, forward to the original registry

(a) all documents filed in relation to the application in the registry where the hearing took place, and

(b) any order made in that application.

 Rule 10-3 subrule (4) BEFORE amended by BC Reg 41/2013 effective March 18, 2013.

Evidence on an application

(4)  On a chambers proceeding, evidence must be given by affidavit, but the court may

(a) order the attendance for cross-examination of the person who swore or affirmed the affidavit, either before the court or before another person as the court directs,

(b) order the examination of a party or witness, either before the court or before another person as the court directs,

(c) give directions required for the discovery, inspection or production of a document or copy of that document,

(d) order an inquiry, assessment or accounting under Rule 18-1, and

(e) receive other forms of evidence.

[Subrule (4) (a) applies to all affidavits, including Form F8 financial statements.]

 Rule 10-4 (13) (b) (i) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

(i)  in respect of an application that does not seek a final order or a change in a final order, or

 Rule 10-4 (2) BEFORE amended by BC Reg 41/2013 effective March 18, 2013.

Form and content of affidavit

(2)  An affidavit

(a) must be expressed in the first person and show the name, address and occupation of the person swearing or affirming the affidavit,

(b) if the person swearing or affirming the affidavit is a party or the lawyer, agent, director, officer or employee of a party, must state that fact,

(c) must be divided into paragraphs numbered consecutively, and

(d) may be in Form F30.

 Rule 10-5 (1) BEFORE amended by editorial change effective July 1, 2010.

How to bring applications for non-final orders

 Rule 10-5 BEFORE reenacted by BC Reg 133/2012 effective March 18, 2013.

Rule 10-5  -  Applications for Non-final Orders or to Rescind, Change or Suspend a Final Order

How to bring applications for non-final or change orders

(1)  To apply for a non-final order from the court or to apply to rescind, change or suspend a final order, a party must do the following:

(a) in the case of an application not referred to in paragraph (b), (c), (d) or (e) of this subrule, apply in accordance with Rule 10-6;

(b) in the case of an application for an order by consent, apply in accordance with Rule 10-6 or 10-7;

(c) in the case of an application of which notice need not be given, apply in accordance with Rule 10-6 or 10-8;

(d) in the case of an urgent application, apply in accordance with Rule 10-9;

(e) in the case of an application for which a procedure is provided for by these Supreme Court Family Rules, apply in accordance with that procedure.

 Rule 10-5 (1) (part) BEFORE amended by BC Reg 121/2014 effective July 1, 2014.

How applications are to be brought

(1)To apply for an order referred to in subrule (2), a party must do the following, and to apply for an order to enforce an agreement filed under Rule 2-1 (2), to enforce an order or to enforce compliance with a determination of a parenting coordinator, a party may do the following:

 Rule 10-5 (2) (e) was added to Rule 3-1 by BC Reg 121/2014 effective July 1, 2014.

 Rule 10-6 (5), (6) (a), (8), (12), (14), (14) (a), (16), (17), (18) and (20) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Date and time if hearing time more than 2 hours

(5)  If the application is estimated to take more than 2 hours, the date and time of hearing must be fixed by a registrar.

(a) a copy of the filed of the notice of application;

Application response

(8)  A person who is served with documents referred to in subrule (6) of this rule and who wishes to receive notice of the time and date of the hearing of the application or who wishes to respond to the notice of application (in this subrule called the "responding person") must file the following within 5 days after service or, in the case of an application under Rule 11-3, within 11 days after service:

(a) an application response;

(b) the original of every affidavit, and of every other document, that

(i)  is to be referred to by the responding person at the hearing, and

(ii)  has not already been filed in the family law case.

Applicant may respond

(12)  An applicant who wishes to respond to any document served under subrule (11) of this rule must file and serve on each application respondent any responding affidavits no later than noon on the day before the date set for the hearing.

(14)  Subject to subrule (16), if an application will be opposed, the applicant must provide to the registry, no later than noon on the day before the date set for the hearing, an application record as follows:

(a) unless the application record is provided to the registry electronically, the application record must be in a ring binder or in some other form of secure binding;

If application respondent's application is to be heard at the hearing

(16)  If an application respondent intends to set an application for hearing at the same time as the applicant's application, those parties must, so far as is possible, prepare and file a joint application record and agree to a date for the hearing of both applications.

Application record to be returned

(17)  Unless the court otherwise orders, the applicant must, unless the application record was provided to the registry electronically, retrieve the application record

(a) at the conclusion of the hearing, or

(b) if the hearing of the application is adjourned to a date later than the following court day, after the hearing is adjourned.

Application record to be returned to the registry

(18)  If the application record has been retrieved by the applicant under subrule (17) (b), the applicant must return the application record to the registry between 9:00 a.m. on the second court day before, and noon on the court day before, the new date set for the hearing of the application.

Application respondent may apply for directions

(20)  If the applicant does not set an application for hearing within a reasonable time after an application respondent has requested the applicant to do so, an application respondent may apply, by requisition in Form F17 on 2 days' notice, for directions.

 Rule 10-6 (19.1) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 10-6 (1), (3), (7), (8), (9) (b) (ii), (12), (13), (14), (15), (17) (b), (18), (19.1) (b) and (20) BEFORE amended by BC Reg 241/2010 effective July 30, 2010.

Definition

(1)  In this rule, "application respondent" means a person who files an application response under subrule (8).

Contents of notice of application

(3)  A notice of application must be in Form F31, must not exceed 10 pages in length and must

(a) set out the orders sought,

(b) briefly summarize the factual basis for the application,

(c) set out the rule, enactment or other jurisdictional authority relied on for the orders sought and any other legal arguments on which the orders sought should be granted,

(d) list the affidavits and other documents on which the applicant intends to rely at the hearing of the application,

(e) set out the applicant's estimate of the time the application will take for hearing,

(f) subject to subrules (4) and (5), set out the date and time of the hearing of the application,

(g) set out the place for the hearing of the application in accordance with Rule 10-2, and

(h) provide the data collection information required in the appendix to the form.

Service requirements

(7)  The documents referred to in subrule (6) of this rule must be served as follows:

(a) subject to paragraphs (b) and (c) of this subrule, the documents must be served at least 7 days before the date set for the hearing of the application;

(b) in the case of an application under Rule 11-3, the documents must be served at least 14 days before the date set for the hearing of the application;

(c) in the case of an application to rescind, change or suspend a final order,

(i)  the documents must be served by personal service in accordance with Rule 6-3(2), and

(ii)  service under subparagraph (i) of this paragraph must occur at least 28 days before the date set for the hearing of the application.

Application response

(8)  A person who is served with documents referred to in subrule (6) of this rule and who wishes to respond to the notice of application (in this subrule called the "responding person") must file the following within 5 days after service or, in the case of an application under Rule 11-3, within 11 days after service:

(a) an application response;

(b) the original of every affidavit, and of every other document, that

(i)  is to be referred to by the responding person at the hearing, and

(ii)  has not already been filed in the family law case.

[am. B.C. Reg. 119/2010, Sch. B, s. 8 (c).]

(ii)  list the affidavits and other documents on which the application respondent intends to rely at the hearing of the application, and

Applicant may respond

(12)  An applicant who wishes to respond to any document served under subrule (11) of this rule must file and serve on each application respondent any responding affidavits no later than 4 p.m. on the day that is one full day before the date set for the hearing.

[am. B.C. Reg. 119/2010, Sch. B, s. 8 (d).]

No additional affidavits

(13)  Unless all parties consent or the court otherwise orders, a party must not serve any affidavits additional to those served under subrules (6), (11) and (12).

(14)  Subject to subrule (16), the applicant must provide to the registry where the hearing is to take place, no later than 4 p.m. on the day that is one full day before the date set for the hearing, an application record as follows:

Service of application record index

(15)  The applicant must serve a copy of the application record index on each application respondent no later than noon of the court day before the date set for the hearing.

(b) if the hearing of the application is adjourned to a date later than the following court day, after the hearing is adjourned.

Application record to be returned to the registry

(18)  If the application record has been retrieved by the applicant under subrule (17) (b), the applicant must return the application record to the registry between 9:00 a.m. on the second court day before, and 4 p.m. on the day that is one full day before, the new date set for the hearing of the application.

[am. B.C. Reg. 119/2010, Sch. B, s. 9.]

(b) serve a copy of the filed requisition on the application respondents at least 2 days before the date set for the hearing.

Application respondent may apply for directions

(20)  If, after an application has been adjourned generally, the applicant does not reset the application for hearing within a reasonable time after an application respondent has requested the applicant to do so, an application respondent may apply, by requisition in Form F17 on 2 days' notice, for directions.

[am. B.C. Reg. 119/2010, Sch. B, s. 8 (j).]

 Rule 10-6 (8.1) was added by BC Reg 241/2010 effective July 30, 2010.

 Rule 10-6 (11) BEFORE repealed by BC Reg 241/2010 effective July 30, 2010.

Service of application response materials

(11)  An application respondent must serve on the applicant 2 copies of the following, and on every party one copy of the following, at least 2 days before the date set for the hearing of the application:

(a) a copy of the filed application response;

(b) a copy of each of the filed affidavits and documents, referred to in the application response under subrule (9) (b) (ii), that has not already been served on that person;

(c) if the application is brought under Rule 11-3, any notice that the application respondent is required to give under Rule 11-3 (9).

 Rule 10-6 (6) (c), (7) (c) and (8.1) (c) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

(c) if the application is brought under Rule 11-3, any notice that the applicant is required to give under Rule 11-3 (9).

(c) in the case of an application to rescind, change or suspend a final order,

(i)  the documents must be served by personal service in accordance with Rule 6-3 (2), and

(ii)  service under subparagraph (i) of this paragraph must occur at least 21 business days before the date set for the hearing of the application.

(c) in the case of an application to rescind, change or suspend a final order, within 14 business days after service of the documents referred to in subrule (6).

 Rule 10-6 (d), (e) and (7) (d) were added by BC Reg 133/2012 effective March 18, 2013.

 Rule 10-6 (2) BEFORE amended by BC Reg 41/2013 effective March 18, 2013.

Notice of application

(2)  A party wishing to apply under this rule must file

(a) a notice of application, and

(b) the original of every affidavit, and of every other document, that

(i)  is to be referred to by the applicant at the hearing, and

(ii)  has not already been filed in the family law case.

 Rule 10-6 (2) If an order was added by BC Reg 41/2013 effective March 18, 2013.

 Rule 10-6 (6) (part) BEFORE amended by BC Reg 121/2014 effective July 1, 2014.

Service of application materials

(6)The applicant must serve the following, in accordance with subrule (7), on each of the parties and on every other person who may be affected by the orders sought:

 Rule 10-6 (6) (f) was added by BC Reg 121/2014 effective July 1, 2014.

 Rule 10-6 (7) (d) BEFORE amended by BC Reg 121/2014 effective July 1, 2014.

(d) in the case of an application to change or set aside a determination of a parenting coordinator filed under Rule 2-1.1 (1), the documents must be served by personal service in accordance with Rule 6-3 (2) and paragraph (a) of this subrule.

 Rule 10-6 (8.1) (c) BEFORE amended by BC Reg 121/2014 effective July 1, 2014.

(c) in the case of an application to change, suspend or terminate a final order or to set aside or replace the whole or any part of an agreement filed under Rule 2-1 (2), within 14 business days after service of the documents referred to in subrule (6).

 Rule 10-6 (14) (b) (vii) was added by BC Reg 121/2014 effective July 1, 2014.

 Rule 10-7 (1) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Application by consent

(1)  Subject to subrule (2), an application for an order by consent may be made by filing

(a) a requisition in Form F29,

(b) a draft of the proposed order in Form F33,

(c) evidence, in accordance with Rule 15-1 (11), that the application is consented to, and

(d) any consent or comments of the Public Guardian and Trustee required under section 40 of the Infants Act.

 Rule 10-7 (1) BEFORE reenacted by BC Reg 133/2012 effective March 18, 2013.

Application by consent

(1)  Subject to subrule (2), an application for a non-final order by consent, or to rescind, change or suspend a final order by consent, may be made by filing

(a) a requisition in Form F29,

(b) a draft of the proposed order in Form F33,

(c) evidence, in accordance with Rule 15-1 (11), that the application is consented to, and

(d) any consent or comments of the Public Guardian and Trustee required under section 40 of the Infants Act.

[am. B.C. Reg. 119/2010, Sch. B, s. 10.]

 Rule 10-7 (1.1) was added by BC Reg 133/2012 effective March 18, 2013.

 Rule 10-7 (1) BEFORE amended by BC Reg 41/2013 effective March 18, 2013.

How consent applications are to be brought

(1)  To apply for an order referred to in subrule (1.1), a party must file the following, and to apply for a consent order to enforce an agreement filed under Rule 2-1 (2), to enforce an order or to enforce compliance with a determination of a parenting coordinator, a party may file the following:

(a) a requisition in Form F29;

(b) a draft of the proposed order in Form F33;

(c) evidence, in accordance with Rule 15-1 (11), that the application is consented to;

(d) any consent or comments of the Public Guardian and Trustee required under section 40 of the Infants Act.

[en. B.C. Reg. 133/2012, Sch. s. 17.]

 Rule 10-7 (1) If an order was added by BC Reg 41/2013 effective March 18, 2013.

 Rule 10-7 (1) (part) BEFORE amended by BC Reg 121/2014 effective July 1, 2014.

How consent applications are to be brought

(1)To apply for an order referred to in subrule (1.1), a party must file the following, and to apply for a consent order to enforce an agreement filed under Rule 2-1 (2), to enforce an order or to enforce compliance with a determination of a parenting coordinator, a party may file the following:

 Rule 10-7 (1.1) (e) was added by BC Reg 121/2014 effective July 1, 2014.

 Rule 10-8 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Rule 10-8  -  Applications of Which Notice Is Not Required

Application of which notice is not required

(1)  An application of which notice is not required may be made by filing

(a) a requisition in Form F29,

(b) a draft of the proposed order in Form F34, and

(c) evidence in support of the application.

Referral by registrar

(2)  On being satisfied that the materials appropriate for an application referred to in subrule (1) have been filed in accordance with subrule (1), a registrar may refer the application to a judge or, if the order sought is within the jurisdiction of a master, to a judge or master.

Disposition of referred applications

(3)  If an application is referred by a registrar to a judge or master under subrule (2), the judge or master may

(a) make the order, or

(b) give directions respecting the application.

 Rule 10-8 (1) BEFORE amended by BC Reg 41/2013 effective March 18, 2013.

Application of which notice is not required

(1)  An application of which notice is not required may be made by filing

(a) a requisition in Form F29,

(b) a draft of the proposed order in Form F34, and

(c) affidavit or other evidence in support of the application.

[am. B.C. Reg. 119/2010, Sch. B, s. 11 (a).]

 Part 10, Division 3 heading BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

 Rule 10-10 (2) BEFORE amended by BC Reg 41/2013 effective March 18, 2013.

How to bring applications by requisition

(2)  A party wishing to apply for judgment under subrule (1) (a) must file the following:

(a) a requisition in Form F35;

(b) a draft of the proposed order;

(c) proof that the case is an undefended family law case;

(d) a certificate of the registrar in Form F36 certifying that the pleadings and proceedings in the family law case are in order;

(e) unless subrule (3) applies, proof of service of the notice of family claim or counterclaim under which judgment is sought;

(f) if appropriate, a Child Support Affidavit in Form F37

(g) if a divorce is sought, an affidavit in Form F38.

[For the purposes of paragraph (f), it is "appropriate" to file a child support affidavit if

(athe 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, or

(bthe family law case includes a claim for child support.]

 Rule 10-10 (2) (f.1) and If an order was added by BC Reg 41/2013 effective March 18, 2013.

 Rule 11-1 (5) (c) and (d) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(c) award to a party, in respect of all or some of the steps taken in the family law case after the date of delivery of the offer to settle, costs to which the party would have been entitled had the offer not been made;

(d) if the offer was made by a respondent and the judgment awarded to the claimant was no greater than the amount of the offer to settle, award to the respondent the respondent's costs in respect of all or some of the steps taken in the family law case after the date of delivery of the offer to settle.

 Rule 11-1 (5) (d) BEFORE amended by BC Reg 121/2014 effective July 1, 2014.

(d) if the offer was made by a respondent and the judgment awarded to the claimant was no greater than the amount of the offer to settle, award to the respondent the respondent's costs in respect of all or some of the steps taken in the family law case after the date of delivery or service of the offer to settle.

 Rule 11-2 (1) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(1)  At any stage of a family law case, the court may order to be struck out or amended the whole or any part of a pleading or other document on the ground that

 Rule 11-3 (7) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Application of Rules 13-6 and 13-7

(7)  Rules 13-6 (3) and 13-7 (1) (a) apply to a summary trial application.

 Rule 11-3 (10) (b) BEFORE amended by BC Reg 241/2010 effective July 30, 2010.

(b) by a party who is not an applicant, in accordance with Rule 10-6 (11).

 Rule 13-1 BEFORE reenacted by BC Reg 133/2012 effective March 18, 2013.

Rule 13-1  -  Court Ordered Reports under Section 15 of the Family Relations Act

Court-ordered report must be filed

(1)  If the court directs an investigation into a family matter under section 15 of the Family Relations Act, the person preparing a report in response to that direction must

(a) include in the report an address for service at which a notice under subrule (2) may be served, and

(b) after the report is released and unless the court otherwise orders,

(i)  serve a copy of the report on all parties, and

(ii)  provide a copy of the report to the court in accordance with section 15(3) of the Family Relations Act.

Permission required to call person who prepares court-ordered report

(2)  A party who wishes to cross-examine at trial the person who prepared a report referred to in subrule (1) must, at least 49 days before the scheduled trial date, serve on the person and all parties, by ordinary service, a notice in Form F43.

Person who prepares court-ordered report must attend

(3)  If a notice is served under subrule (2), the person who prepared a report referred to in subrule(1) must attend for cross-examination at the date, time and place set out in the notice.

Cost of calling preparer of report

(4)  If the court determines that it was unnecessary for a party to cross-examine the person who prepared a report referred to in subrule (1), the court may order the party to do one or both of the following:

(a) pay costs in an amount the court considers appropriate;

(b) pay to the person who prepared the report the costs associated with that person's attendance.

 Rule 13-3 (1)(a) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

(a) an issue arising out of a claim under Part 5 or 6 of the Family Relations Act,

 Rule 13-3 (1)(a) BEFORE amended by BC Reg 249/2014 effective December 22, 2014.

(a) an issue arising out of a claim under Part 5 or 6 of the Family Law Act,

 Rule 13-6 (1) (d) and (e) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(d) the nature of the opinion being sought and each issue in the family law case to which the opinion relates;

(e) the expert's opinion respecting each issue and, if there is a range of opinions given, a summary of the range and the reasons for the expert's own opinion within that range;

 Rule 14-2 (2) BEFORE re-enacted by BC Reg 119/2010 effective July 1, 2010.

Content of notice of trial

(2)  A notice of trial filed under subrule (1) must set out

(a) the date reserved at a judicial case conference for the trial management conference required under Rule 14-3 or, if no date for a trial management conference was reserved at a judicial case conference, the date obtained for the trial management conference from the registry, and

(b) the date reserved at a judicial case conference for the trial or, if no trial date was reserved at a judicial case conference, the trial date obtained from the registry.

 Rule 14-3 (2), (5), (9), (10) and (11) BEFORE amended by BC Reg 58/2012 effective April 25, 2012.

Trial management conference must be conducted by judge

(2)  If practicable, a trial management conference is to be conducted by the judge who will preside at the trial.

Non-attendance at trial management conference

(5)  If a person who, under subrule (4), is required to attend a trial management conference fails to appear at that trial management conference, the trial management conference judge may do one or more of the following:

(a) proceed in the absence of the person who failed to appear;

(b) adjourn the trial management conference;

(c) order that the person, or the party on whose behalf the person was to attend, pay costs to one or more other parties.

Orders at a trial management conference

(9)  The judge presiding at a trial management conference may consider the following and, without limiting the ability of the trial judge to make other orders at trial, may, whether or not on the application of a party, make orders respecting one or more of the following:

(a) directing the parties to attend a settlement conference;

(b) amendment of a pleading within a fixed time;

(c) a plan for how the trial should be conducted;

(d) admissions of fact at trial;

(e) admission of documents at trial, including

(i)  agreements as to the purposes for which documents may be admitted, and

(ii)  the preparation of common books of documents and document agreements;

(f) imposing time limits for the direct examination or cross-examination of witnesses, opening statements and final submissions;

(g) directing that a party provide a summary of the evidence that the party expects one or more of the party's witnesses will give at trial;

(h) directing that evidence of witnesses be presented at trial by way of affidavit;

(i) respecting experts, including, without limitation, orders that the parties' experts must, before the service of their respective reports, confer to determine and report on those matters on which they agree and those matters on which they do not agree;

(j) directing that the parties present opening statements and final submissions in writing;

(k) adjournment of the trial;

(l) directing that the number of days reserved for the trial be changed;

(m) adjourning the trial management conference;

(n) directing the parties to attend a further trial management conference at a specified date and time;

(o) any other matter that may assist in making the trial more efficient;

(p) any other matter that may aid in the resolution of the family law case;

(q) any orders the judge considers will further the object of these Supreme Court Family Rules.

When approval in writing by lawyer not required

(10)  Without limiting Rule 15-1 (4), if an order under subrule (9) of this rule is signed or initialled by the trial management conference judge, that order need not be approved in writing by a lawyer or by a party.

Prohibited orders

(11)  A trial management conference judge must not, at a trial management conference,

(a) hear any application for which affidavit evidence is required, or

(b) make an order for final judgment, except by consent.

 Rule 14-4 (1) (b) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(b) particulars delivered under a demand, together with the demand made,

 Rule 14-5 (3) (d) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 14-5 (19) BEFORE amended by BC Reg 95/2011 July 1, 2011.

Failure to file

(5)  If no party files a trial certificate, the trial must be removed from the trial list.

 Rule 15-1 (1) BEFORE re-enacted by BC Reg 119/2010 effective July 1, 2010.

Form of order

(1)  Unless these Supreme Court Family Rules otherwise provide, an order must be

(a) in Form F33 if the order is made without a hearing and by consent,

(b) in Form F51 if the order is a restraining order made under section 46 of the Family Maintenance Enforcement Act or under section 37, 38 or 126 of the Family Relations Act,

(c) in Form F52 if the order is a final order,

(d) in Form F53 if the order is made after a trial, and

(e) in Form F54 in any other case.

 Rule 15-1 (1) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

Form of order

(1)  Unless these Supreme Court Family Rules otherwise provide, an order must be in the following form:

(a) if the order is a final order,

(i)  in Form F33 if the order rescinds, changes or suspends a final order and is made by consent,

(ii)  in Form F51 if the order rescinds, changes or suspends a final order and is not made by consent,

(iii)  in Form F34 if the order is made under Rule 10-8 without notice and without a hearing, or

(iv)  in Form F52 in any other case;

(b) if the order is not a final order and is made without a hearing and by consent, in Form F33;

(c) if the order is not a final order and is made under Rule 10-8 without notice and without a hearing, in Form F34;

(d) if the order is a restraining order made under section 46 of the Family Maintenance Enforcement Act or under section 37, 38 or 126 of the Family Relations Act, in Form F54;

(e) for any order not referred to in paragraph (a), (b), (c) or (d), in Form F51.

[en. B.C. Reg. 119/2010, Sch. B, s. 19.]

 Rule 15-1 (2) BEFORE reenacted by BC Reg 133/2012 effective March 18, 2013.

Restraining order

(2)  A restraining order made under section 37, 38 or 126 of the Family Relations Act or section 46 of the Family Maintenance Enforcement Act must not include any provisions respecting matters that are not directly related to the matters set out in those sections.

 Rule 15-1 (3) (b) BEFORE amended by BC Reg 121/2014 effective July 1, 2014.

(b) subject to subrule (4) and paragraph (c) of this subrule, must, unless the court otherwise orders, be approved in writing by all parties or their lawyers,

 Rule 15-1(1)(d.4) was added by BC Reg B.C. Reg. 104/2015 effective July 1, 2015.

 Rule 15-1(3)(a) BEFORE amended by BC Reg B.C. Reg. 104/2015 effective July 1, 2015.

(a) subject to subrule (16), may be drawn up by any party,

 Rule 15-1(16.1) was enacted by BC Reg B.C. Reg. 104/2015 effective July 1, 2015.

 Rule 15-2(0.1) was enacted by BC Reg 4/2016 effective July 1, 2016.

 Rule 15-2.1 was enacted by BC Reg 41/2013 effective March 18, 2013.

 Rule 15-3(6) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

(6)  A support order made by the court or registered under subrule (4) may be filed in and enforced by the Provincial Court as if it were contained in an order of that court made under the Family Relations Act.

 Rule 15-4(35) was enacted by BC Reg 119/2010 effective July 1, 2010.

 Rule 15-4(35) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

Enforcement of certificate

(35)  If a certificate under Rule 16-1(25) or 18-1(2) has been filed, it may be enforced as if it were an order of the court.

[en. B.C. Reg. 119/2010, Sch. B, s. 20.]

 Rule 15-6 (28) BEFORE repealed by BC Reg 119/2010 effective July 1, 2010.

Enforcement of certificate

(28)  If a certificate under Rule 16-1(25) or 18-1(2) has been filed, it may be enforced as if it were an order of the court.

 Rule 15-7(5) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Examination of person other than judgment debtor

(5)  On being satisfied that any other person may have knowledge of the matters set out in subrule (1), the court may order that other person to be examined for discovery concerning the person's knowledge.

 Rule 16-1 (1) (a), (18) and (25) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

(a) the parties consent to the amount of costs and file a certificate of costs setting out that amount;

(18)  If after pronouncement of judgment a party puts another party to unnecessary proceedings or expense, a registrar, in assessing the costs of the family law case, may award costs as the registrar considers appropriate against the offending party.

(25)  On the conclusion of an assessment of costs, or if the party charged has consented to the amount, a registrar must, either by endorsing the original bill or by issuing a certificate of costs in Form F72, certify the amount of costs awarded, and the party assessing costs must file the certificate.

 Rule 16-2 was enacted by BC Reg 133/2012 effective March 18, 2013.

 Rule 17-1 (10), (11), (11) (a), (12), (14), (15), (17) and (19) (b) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Date and time if hearing time more than 2 hours

(10)  If the hearing of the petition is estimated to take more than 2 hours, the date and time of hearing must be fixed by a registrar.

Petition record

(11)  Subject to subrule (13), if a petition respondent opposes any of the relief sought in the petition, the petitioner must provide to the registry, no later than noon on the day before the date set for the hearing, a petition record as follows:

(a) unless the petition record is provided to the registry electronically, the petition record must be in a ring binder or in some other form of secure binding;

Service of petition record

(12)  The petitioner must serve a copy of the petition record index on each petition respondent no later than noon of the court day before the date set for the hearing.

Petition record to be returned

(14)  Unless the court otherwise orders, the applicant must, unless the petition record was provided to the registry electronically, retrieve the petition record

(a) at the conclusion of the hearing, or

(b) if the hearing of the petition is adjourned to a date later than the following court day, after the hearing is adjourned.

Petition record to be returned to registry

(15)  If the petition record has been retrieved by the petitioner under subrule (14) (b), the petitioner must return the petition record to the registry between 9:00 a.m. on the second court day before, and noon on the court day before, the new date set for the hearing of the petition.

Petition respondent may apply for directions

(17)  If the petitioner does not set a petition for hearing within a reasonable time after a petition respondent has requested the petitioner to do so, a petition respondent may apply, by requisition in Form F17 on 2 days' notice, for directions.

(b) subject to Rules 8-2 (9) and 9-6 (5),

(i)  once without leave of the court, at any time before service of the notice of hearing, and

(ii)  at any time with the written consent of all the parties,

and for that purpose Rule 8-1 (2) to (7) applies.

 Rule 17-1 (16.1) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 17-1 (4) (c) (i) to (iii) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(i)  if the petition respondent resides anywhere in Canada, within 21 days after the date on which a copy of the filed petition was served on the petition respondent under subrule (3);

(ii)  if the petition respondent resides in the United States of America, within 35 days after the date on which a copy of the filed petition was served on the petition respondent under subrule (3);

(iii)  if the petition respondent resides elsewhere, within 49 days after the date on which a copy of the filed petition was served on the petition respondent under subrule (3).

 Rule 17-1 (17) BEFORE re-enacted by BC Reg 95/2011 effective July 1, 2011.

Petition respondent may apply for directions

(17)  If, after the hearing of a petition has been adjourned generally, the petitioner does not reset the hearing within a reasonable time after a petition respondent has requested the petitioner to do so, a petition respondent may apply, by requisition in Form F17 on 2 days' notice, for directions.

[am. B.C. Reg. 119/2010, Sch. B, s. 23 (g).]

 Rule 18-3 (8) (a) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(a) within 7 days after the service of the notice of appeal, file a notice of interest in Form F77, and

 Rule 20-2 (1) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

Party who is a minor

(1)  A minor who has attained the age of 16 years and who has been named as a party to a family law case may act without a litigation guardian and Rule 20-3 does not apply to that minor.

 Rule 20-2 (1.1) was added by BC Reg 133/2012 effective March 18, 2013.

 Rule 20-2 (2) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

Despite subrule (1), if the court considers that it is in the interest of a minor referred to in subrule (1) or of any child of the minor, it may, whether or not on the application of a party, appoint a litigation guardian for the minor or for the child of the minor.

 Rule 20-5 (1) and (5) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(1)  If the court, on application made in accordance with subrule (3) before or after the start of a family law case, finds that a person receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act or is otherwise indigent, the court may order that no fee is payable by the person to the government under Appendix C in relation to the family law case unless the court considers that the claim or defence

(5)  Despite anything in this rule, if the court makes an order in relation to a person under this rule, no fee is payable to the government by that person in relation to

 Rule 20-5 (3) (c) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(c) one of the following:

(i)  proof that the applicant receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act;

(ii)  an affidavit in Form F86.

 Rule 20-5 title and (1) BEFORE amended by B.C. Reg 112/2012 effective July 1, 2012.

Rule 20-5  -  Persons Who Are Indigent

(1)  If the court, on application made in accordance with subrule (3) before or after the start of a family law case, finds that a person receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act or is otherwise indigent, the court may order that no fee is payable by the person to the government under Schedule 1 of Appendix C in relation to the family law case unless the court considers that the claim or defence

 Rule 20-5 title BEFORE amended by BC Reg B.C. Reg. 104/2015 effective July 1, 2015.

Rule 20-5 — Persons Who Are Impoverished

 Rule 20-5 (1) BEFORE amended by BC Reg B.C. Reg. 104/2015 effective July 1, 2015.

Court may determine impoverished status

(1)If the court, on application made in accordance with subrule (3) before or after the start of a family law case, finds that a person receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act or is otherwise impoverished, the court may order that no fee is payable by the person to the government under schedule 1 of Appendix C in relation to the family law case unless the court considers that the claim or defence

(a) discloses no reasonable claim or defence, as the case may be,

(b) is scandalous, frivolous or vexatious, or

(c) is otherwise an abuse of the process of the court.

[am. B.C. Regs. 119/2010, Sch. B, s. 24 (a); 112/2012, Sch. B, s. 2 (b).]

 Rule 20-6 was enacted by BC Reg 90/2014 effective May 26, 2014.

 Rule 21-3 (8.1) was enacted by BC Reg 133/2012 effective March 18, 2013.

 Rule 21-5 (2) was added by BC Reg 119/2010 effective July 1, 2010.

 Rule 21-7(8) BEFORE amended by BC Reg 112/2012 effective July 1, 2012.

Power of court after apprehension

(8)  If a director, officer or employee referred to in subrule (6) is apprehended and brought before the court, the court in a summary manner may adjudge the innocence or guilt of the corporation and punish the corporation for the contempt, if any, or may give the directions it thinks fit for the determination of its innocence or guilt and the punishment to be imposed.

 Rule 22-1 (7) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

If a custody order or support order is appealed, the order remains in force until the determination of the appeal, unless the court that made the order otherwise directs.

 Rule 22-3 (4) (c) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(c) any of the following documents, unless their submission by fax is authorized by the Trial Coordinator of the receiving registry:

 Rule 22-3 (4) (c) (iii) and (iv) BEFORE repealed by BC Reg 119/2010 effective July 1, 2010.

(iii)  an application for a trial date;

(iv)  a request for a trial date;

 Rule 22-4 (3) (a) BEFORE amended by BC Reg 27/2013 effective March 18, 2013.

(a) enter into an agreement with the Court Services Branch of the Ministry of Attorney General respecting the terms and conditions under which those filings may be made, and

 Rule 22-4 (5) (b) (ii) BEFORE amended by BC Reg 121/2014 effective July 1, 2014.

(ii) an application record or a petition record;

 Rule 22-6(3) BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

Urgency or convenience

(3)  In case of urgency, the court or a registrar may conduct a hearing and make an order or decision by telephone or other communication medium.

 Rule 22-6(4.1) was added by BC Reg 65/2013 effective July 1, 2013.

 Rule 22-6(5)(part) BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

(5)  An application under subrule (4) for a direction that an application be heard by way of telephone, video conference or other communication medium

 Rule 22-7(4)(b) BEFORE amended by BC Reg 112/2012 effective July 1, 2012.

(b) exercise the powers that, under Rule 10-3 (2) and (3), may be exercised by the court,

 Rule 22-7(3.1) and (3.2) were added by BC Reg 65/2013 effective July 1, 2013.

 Rule 23-2 was enacted by BC Reg 133/2012 effective March 18, 2013.

 Form F1 BEFORE re-enacted by BC Reg 133/2012 effective March 18, 2013.

Form F1 (Rule 2-2 (2) )

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 1Claimant 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.

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.

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]..........................

 Form F1.1 was enacted by BC Reg 4/2016 effective July 1, 2016.

 Form F1.2 was enacted by BC Reg 4/2016 effective July 1, 2016.

 Form F3 section 6 is renumbered as section 7 and section 6 is added by BC Reg 119/2010 effective July 1, 2010.

 Form F3 Schedule 1 "Date of marriage" was added to 1 Personal Information.

 Form F3 BEFORE re-enacted by BC Reg 133/2012 effective March 18, 2013.

Form F3 (Rule 4-1 (1) )

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]..........................


Form F3 (Rule 4-1 (1) )

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

 ClaimantRespondent
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] 
Date of marriage: 

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]..........................


Form F3 (Rule 4-1 (1) )

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 nameChild'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.

Form F3 (Rule 4-1 (1) )

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.

Form F3 (Rule 4-1 (1) )

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]..........................

Form F3 (Rule 4-1 (1) )

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]..........................

 Form F3 BEFORE re-enacted by BC Reg 4/2016 effective July 1, 2016.

Form F3 (Rule 4-1 (1) )

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 any 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.
[ ] 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 The claimant's claims [Check the correct box(es) and complete and attach the required Schedules.]

The claimant is 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 family property and family debt – [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 The claimant's 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]..........................


If in this family law case a claim is made under the Family Law Act and the claimant is represented by a lawyer, the lawyer must complete the following certificate.


LAWYER'S CERTIFICATE (Family Law Act, s. 8 (2))

I, ................................, lawyer for ................[name of party]................ certify that, in accordance with section 8 (2) of the Family Law Act, I have

(a) discussed with the party the advisability of using various types of family dispute resolution to resolve the matter, and

(b) informed the party of the facilities and other resources, known to me, that may be available to assist in resolving the dispute.

Date: ................[dd/mmm/yyyy]...................................................................................................
Signature of lawyer

...........................[type or print name]..........................

Form F3 (Rule 4-1 (1) )

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

 ClaimantRespondent
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 the claimant's claim for divorce

[ ] The claimant asks 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) [ ] The claimant and his or her spouse have lived separate and apart since ................[dd/mmm/yyyy].................
AND
[Check whichever one of the following boxes is correct and complete any required information.]
 [ ] the claimant and his or her spouse have not lived together since then
 [ ] the claimant and his or her spouse have lived together again during the following period(s), in an unsuccessful attempt to reconcile: ................[give dates of period(s)]................
[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
 [ ] The claimant has not condoned any act relied on under section 8 (2) (b) of the Divorce Act (Canada) as a ground for divorce.

3 The claimant confirms 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 boxes 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]..........................


Form F3 (Rule 4-1 (1) )

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)

The claimant is asking for an order in respect of the following child or children:

Child's full legal nameChild'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

The claimant is asking for the following order(s): [Check the correct box(es) and complete the required information.]
[ ] an order respecting arrangements for parenting for a child or children [Complete sections 3 and 4 below.]
[ ] an order for child support [Complete sections 5 to 7 below.]

3 Current arrangements for parenting

Current arrangements for parenting are:





4 Proposed arrangements for parenting

The claimant proposes the following arrangements for parenting: ...............[set out terms of proposed order sought in relation to arrangements for parenting, including custody, guardianship, parenting arrangements or contact with a child]...............
The claimant is asking for this order under [Check one or both of the following boxes, as applicable.]
[ ] the Divorce Act (Canada)  [ ] the Family Law 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.]

[ ] The claimant does not know the income of the person being asked to pay child support
[ ] The claimant believes 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.]

The claimant is 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)]..........
The claimant is asking for an order for child support under [Check one or both of the following boxes, as applicable.]
[ ] the Divorce Act (Canada) [ ] the Family Law 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) the child support is 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) the income of the party being asked to pay child support is under $150 000 per year;
 (e) you are not applying for special expenses under section 7 of the child support guidelines;
 (f) you are not applying for an order under section 8 of the child support guidelines;
 (g) you are not applying for an order under section 9 of the child support guidelines;
 (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.


Form F3 (Rule 4-1 (1) )

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.]

[ ] The claimant is asking for an order for spousal support as follows: ...............[set out terms of proposed order sought in relation to spousal support]...............
[ ] The claimant is asking for an order for spousal support under [Check one or both of the following boxes, as applicable.]
[ ] the Divorce Act (Canada)  [ ] the Family Law Act

3 Income of claimant and respondent

The claimant's gross annual income is $..........,
[Check whichever one of the following boxes is correct and complete any required information.]
[ ] The claimant does not know what the claimant's spouse's income is
[ ] The claimant believes that the claimant's 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.


Form F3 (Rule 4-1 (1) )

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 The claimant's claims

A Property and debt claims under the Family Law Act
[Check whichever one of the following boxes is correct and complete any required information in relation to family property and family debt, as those terms are defined in the Family Law Act.]
The claimant is asking for an order for:
[ ] equal division of family property and family debt
[ ] unequal division of family property and family debt as follows and on the following grounds: ................[set out details of proposed unequal division and the grounds on which it is made]...............
The address and legal description of any real property in which the claimant claims an interest as a family asset is: ......................................................................................................................................................
B Other property claims
[Check the correct box(es) and complete the required information.]
The claimant claims:
[ ] 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

[ ] The claimant is 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]..........................


Form F3 (Rule 4-1 (1) )

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.

The claimant is asking for the following orders:

[Check the correct box(es) and complete the required information.]

[ ] an order under the Name Act that the claimant's name be changed from ................[current full legal name]................ to ................[full new name]................

[ ] the following orders under the Family Law Act [Using numbered paragraphs, set out any orders sought under the Family Law 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 [ ] claimant [ ] lawyer for claimant(s)

...........................[type or print name]..........................

 Form F4 Schedule 3 "Lawyer's Certificate" was added by BC Reg 133/2012 effective March 18, 2013.

 Form F4, s. 2 table BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

Division of family assets (Schedule 4, section 1)[ ] Agree[ ] Disagree

 Form F4, Note to Claimant and Respondent BEFORE amended by BC Reg 360/2012 effective March 18, 2013.

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.

 Form F4 BEFORE re-enacted by BC Reg 4/2016 effective July 1, 2016.

Form F4 (Rule 4-3 (1) )

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 property and family debt (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 or spouse. 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.


If in this family law case a claim is made under the Family Law Act and the respondent is represented by a lawyer, the lawyer must complete the following certificate.


LAWYER'S CERTIFICATE (Family Law Act, s. 8 (2))

I, ................................, lawyer for ................[name of party]................ certify that, in accordance with section 8 (2) of the Family Law Act, I have

(a) discussed with the party the advisability of using various types of family dispute resolution to resolve the matter, and

(b) informed the party of the facilities and other resources, known to me, that may be available to assist in resolving the dispute.

Date: ................[dd/mmm/yyyy]...................................................................................................
Signature of lawyer

...........................[type or print name]..........................

 Form F5 Schedule 1 "Date of marriage" was added to 1 Personal Information.

 Form F5 BEFORE re-enacted by BC Reg 133/2012 effective March 18, 2013.

Form F5 (Rule 4-4 (2) )

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.

Form F5 (Rule 4-4 (2) )

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

 ClaimantRespondent
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] 
Date of marriage: 

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]..........................


Form F5 (Rule 4-4 (2) )

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 nameChild'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.

Form F5 (Rule 4-4 (2) )

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.

Form F5 (Rule 4-4 (2) )

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]..........................


Form F5 (Rule 4-4 (2) )

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]..........................

 Form F5 Note to Claimant and Respondent BEFORE amended by BC Reg 360/2012 effective March 18, 2013.

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.

 Form F5 BEFORE re-enacted by BC Reg 4/2016 effective July 1, 2016.

Form F5 (Rule 4-4 (2) )

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)]................ (the "respondent")

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).]

The respondent is 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 family property and family debt — [complete and attach Schedule 4]
 [ ] Another order — [complete and attach Schedule 5]
 [ ] An order for costs

2 The respondent's 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 or spouse. 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.


Form F5 (Rule 4-4 (2) )

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

 ClaimantRespondent
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 the respondent's claim for divorce

[ ] The respondent asks 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) [ ] The respondent and his or her spouse have lived separate and apart since ................[dd/mmm/yyyy].................
AND
[Check whichever one of the following boxes is correct and complete any required information.]
 [ ] the respondent and his or her spouse have not lived together since then
 [ ] the respondent and his or her spouse have lived together again during the following period(s), in an unsuccessful attempt to reconcile: ................[give dates of period(s)]................
[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
 [ ] The respondent has not condoned any act relied on under section 8 (2) (b) of the Divorce Act (Canada) as a ground for divorce.

3 The respondent confirms that: [The respondent 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 counterclaim 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 boxes 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]..........................


Form F5 (Rule 4-4 (2) )

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)

The respondent is asking for an order in respect of the following child or children:

Child's full legal nameChild'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

The respondent is asking for the following order(s): [Check the correct box(es) and complete the required information.]
[ ]  an order respecting arrangements for parenting [Complete sections 3 and 4 below.]
[ ]  an order for child support [Complete sections 5 to 7 below.]

3 Current arrangements for parenting

Current arrangements for parenting are:





4 Proposed arrangements for parenting

The respondent proposes the following arrangements for parenting:
...............[set out terms of proposed order sought in relation to arrangements for parenting, including custody, guardianship, parenting arrangements or contact with a child]...............
The respondent is asking for this order under [Check one or both of the following boxes, as applicable.]
[ ] the Divorce Act (Canada) [ ]  the Family Law 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.]

[ ] The respondent does not know the income of the person being asked to pay child support
[ ] The respondent believes 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.]

The respondent is 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)]..........
The respondent is asking for an order for child support under [Check one or both of the following boxes, as applicable.]
[ ] the Divorce Act (Canada) [ ] the Family Law 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) the child support is 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) the income of the party being asked to pay child support is under $150 000 per year;
 (e) you are not applying for special expenses under section 7 of the child support guidelines;
 (f) you are not applying for an order under section 8 of the child support guidelines;
 (g) you are not applying for an order under section 9 of the child support guidelines;
 (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.


Form F5 (Rule 4-4 (2) )

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

The current arrangements for spousal support are:


2 Proposed spousal support arrangements [Check the correct box(es) and complete the required information.]

[ ] The respondent is asking for an order for spousal support as follows: ...............[set out terms of proposed order sought in relation to spousal support]...............
[ ] The respondent is asking for an order for spousal support under [Check one or both of the following boxes, as applicable.]
[ ] the Divorce Act (Canada)  [ ] the Family Law Act

3 Income of claimant and respondent

The respondent's gross annual income is $..........,
[Check whichever one of the following boxes is correct and complete any required information.]
 [ ] The respondent does not know what the claimant's income is
 [ ] The respondent believes that the claimant'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.


Form F5 (Rule 4-4 (2) )

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 The respondent's claims

A. Property and debt claims under the Family Law Act
The respondent is asking for an order for:
[Check whichever one of the following boxes is correct and complete any required information in relation to family property and family debt, as those terms are defined in the Family Law Act.]
[ ] equal division of family property and family debt
[ ] unequal division of family property and family debt, as follows and on the following grounds: ...............[set out details of proposed unequal division and the grounds on which it is made]...............
B. Other property claims
[Check the correct box(es) and complete the required information.]
The respondent claims:
[ ] 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

[ ] The respondent is 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]..........................


Form F5 (Rule 4-4 (2) )

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)]................

The respondent is asking for the following orders:

[Check the correct box(es) and complete the required information.]

[ ] an order under the Name Act that the respondent's name be changed from ................[current full legal name]................ to ................[full new name]................

[ ] the following orders under the Family Law Act [Using numbered paragraphs, set out any orders sought under the Family Law 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]..........................

 Form F6 item 2 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

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 counterclaim, 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 counterclaim and indicate whether you agree or disagree with that claim by checking the correct box opposite that claim]
[claim][ ] Agree  [ ] Disagree
[claim][ ] Agree  [ ] Disagree

 Form F6, s. 2 table BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

Division of family assets (Schedule 4, section 1)[ ] Agree  [ ] Disagree

 Form F6 Note to Claimant and Respondent BEFORE amended by BC Reg 360/2012 effective March 18, 2013.

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.

 Form F8 Instructions for Completion BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

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.

 Items 1, 2, 3(d), 4(c) and 8 of table preceding affidavit BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

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.
   
8[ ]I am making or responding to a property claim under Part 5 of the Family Relations Act.     

 Form F8 heading following item 15 BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

 INCOME TO BE INCLUDED FOR SPOUSAL OR PARENTAL SUPPORT CLAIM  

 Form F8 item 19 of INCOME TO BE INCLUDED FOR SPOUSAL SUPPORT CLAIM table BEFORE amended by BC Reg 133/2012 effective March 19, 2013.

19Total income to be used for a spousal or parental support claim
(line 11 plus lines 16, 17 and 18)
= 

 Form F8, Part 5, Item 2 BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

2 Unusually high expenses for exercising access to a child

 Form F11 (part) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

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]........ .

 Part of Form F15 BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

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.

 Part of Form F15 BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

[ ] 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.]

 Form F17 heading BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Form F17 (Rules 6-6 (1), 7-1 (5), 7-2 (1), 10-6 (20), 10-9 (2), 14-3 (7),
15-6 (25), 17-1 (17), 20-4 (3), 22-2 (9), 22-4 (10) and 22-6 (5) )

 Form F17.1 was enacted by BC Reg 133/2012 effective March 18, 2013.

 Form F17.2 was enacted by BC Reg 133/2012 effective March 18, 2013.

 Form F17.3 was enacted by BC Reg 121/2014 effective July 1, 2014.

 Part of Form F19 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

The purpose of the judicial case conference is to consider matters, set out in Rule 8-1 (16) 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 8-1 (16) of the Supreme Court Family Rules.

 Form F19 (part) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

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).

 Form F20 BEFORE re-enacted by BC Reg 119/2010 effective July 1, 2010.

Form F20 (Rule 9-1 (1) )

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.]

No.Date of document
[dd/mmm/yyyy]
Description of documentIndicate by a check mark if the
document is no longer in the listing
party's possession or control
1.1  [ ]
1.2  [ ]

Part 2: DOCUMENTS FOR WHICH PRIVILEGE FROM PRODUCTION IS CLAIMED

No.Date of document
[dd/mmm/yyyy]
Description of documentGrounds on which privilege is claimed
2.1   
2.2   

TAKE NOTICE that the documents listed in Part 1 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

...........................[type or print name]........................

 Form F20, signature section BEFORE amended by BC Reg 4/2016 effective July 1, 2016.

Date: ................[dd/mmm/yyyy]...................................................................................................
Signature of [ ] listing party [ ] lawyer for listing party
 
...........................[type or print name]........................

 Form F21, signature section BEFORE amended by BC Reg 4/2016 effective July 1, 2016.

Date: ................[dd/mmm/yyyy]...................................................................................................
Signature of [ ] party wishing to conduct
examination [ ] lawyer for party(ies) wishing to
conduct examination
 
...........................[type or print name]......................

 Form F23 (part) was added by BC Reg 133/2012 effective March 18, 2013.

 Parts of Form F31 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

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]...................... at a date and time to be set for the order(s) set out in Part 1 below.

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.]

[ ] document discovery

[ ] oral examination for discovery

[ ] amend pleadings

[ ] add/change parties

[ ] summary trial

[ ] service

[ ] interim order

[ ] change order

[ ] adjournments

[ ] proceedings at trial

[ ] experts

 Form F31 text was added following The applicant(s) estimate(s) that the application will take ...........[time estimate]........... .

 Part of Form 31 BEFORE amended by BC Reg 241/2010 effective July 30, 2010.

TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to respond to the application, you must

(a)  file an application response in Form F32 within 5 days after the date of service of this notice of application or, if the application is brought under Rule 11-3 of the Supreme Court Family Rules, within 11 days after the date of service of this notice of application, and

(b)  at least 2 days before the date set for the hearing of the application, serve on the applicant 2 copies, and on every other party one copy, of a filed copy of the application response and the other documents referred to in Rule 10-6 (11) of the Supreme Court Family Rules.

 Form F31 (part) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

(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.

 Form F31 in Appendix A paragraph (c) under heading "Time for response to application" BEFORE amended by BC Reg 121/2014 effective July 1, 2014.

(c) if this application is brought to change, suspend or terminate a final order or to set aside or replace the whole or any part of an agreement filed under Rule 2-1 (2), within 14 business days after service of this notice of application.

 Part of Form F33 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Consented to:

 Form F33 line added by BC Reg 65/2013 effective July 1, 2013.

[For each order, if any, made for custody, parenting arrangements, child support or spousal support, indicate whether the order is made under the Divorce Act or the Family Law Act.]

 Form F34 line added by BC Reg 65/2013 effective July 1, 2013.

[For each order, if any, made for custody, parenting arrangements, child support or spousal support, indicate whether the order is made under the Divorce Act or the Family Law Act.]

 Part of Form F35 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

[Check the following box and file the following with this requisition unless a response to family claim or response to counterclaim has been filed.]

 F36 heading changed from "Certificate" to "Certificate of Pleadings" by BC Reg 95/2011 effective July 1, 2011.

 Form F37 section 6 (b) BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

(b) [ ] by consent, pursuant to section 15.2 (8) 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 provided for the Guidelines because ................[set out the reasons identified in section 15.2 (8) of the Divorce Act (Canada) or section 93.1 (1) of the Family Relations Act]................ .

 Form F37 section 4 (c) was added by BC Reg 119/2010 effective July 1, 2010.

 Form F37 section 6 (c) renumbered (e) and 6(c) and (d) were added by BC Reg 119/2010 effective July 1, 2010.

 Part of Form F37 BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

I, ................[name]................, of ................................[address]................................ SWEAR (OR AFFIRM) THAT:

 Form F37 item 6 BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

6 [Check box (a), (b) or (c) and complete the required information.]

The proposed order

 Form 37 BEFORE amended by BC Reg 58/2012 effective April 25, 2012.

Form F37 (Rule 10-10 (2) )

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]................................, ................[occupation]................, 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 nameProvince of residence
  
Respondent's nameProvince of residence
  

(b) Children:

Child's nameBirthdate
[dd/mmm/yyyy]
AgeChild 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), (c), (d) or (e) 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.)

  AnnualMonthly
(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

 ClaimantRespondent
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 toTerms of debtMonthly 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 personRelationshipNature 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 personRelationshipNature of duty
   
5 Legal duty to support a person who is unable to support himself or herself because of illness or disability
Name of personRelationshipNature of duty
   
6 Other undue hardship circumstances [provide details]

INCOME OF OTHER PERSONS IN HOUSEHOLD

Name of personAnnual income
  
Total 

SUPPLEMENTARY CHILD SUPPORT FACT SHEET F — INCOME OVER $150,000

1Total number of children for whom support is claimed = .......... 
2Guidelines table amount for $150,000 =$..........
3Plus ..........% of income over $150,000 [determine applicable percentage from the Guidelines table] = $..........
4Guidelines 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:

 Form F37 (part) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

[Note: Attach Supplementary Child Support Fact Sheet B if custody is shared, attach Supplementary Child Support Fact Sheet C if custody is split, attach Supplementary Child Support Fact Sheet D if one or more children is over the age of majority, attach Supplementary Child Support Fact Sheet E if undue hardship is alleged and attach Supplementary Child Support Fact Sheet F if at least one of the party's income exceeds $150,000. Do not attach any Supplementary Child Support Fact Sheet unless it is one required by this note to be attached.]

6 The proposed order by consent, pursuant to section 15.1 (7) of the Divorce Act (Canada) or section 93.1 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.

SUPPLEMENTARY CHILD SUPPORT FACT SHEET B — SHARED CUSTODY

SUPPLEMENTARY CHILD SUPPORT FACT SHEET C — SPLIT CUSTODY

2 Unusually high expenses for exercising access to a child

 Form 37 (part) BEFORE amended by BC Reg 133/2012 [amended by BC Reg 67/2012] effective March 18, 2013.

[Note: Attach Supplementary Child Support Fact Sheet B if custody is shared, attach Supplementary Child Support Fact Sheet C if custody is split, attach Supplementary Child Support Fact Sheet D if one or more children is over the age of majority, attach Supplementary Child Support Fact Sheet E if undue hardship is alleged and attach Supplementary Child Support Fact Sheet F if at least one of the party's income exceeds $150,000. Do not attach any Supplementary Child Support Fact Sheet unless it is one required by this note to be attached.]

6 The proposed order 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 (Canada), have been made: .................................. .

 Part of Form F38 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

[Check the following box and complete the required information if there are children of the marriage.]

9 (a) [ ]  I have sworn and attached a child support affidavit in Form F37, and

(b) the following arrangements have been made for the custody of and access to the children: ................[provide details].................

 Part of Form F38 BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

I, ................[name]................ of ................[address]................ SWEAR (OR AFFIRM) THAT:

 Part of Form F38 (5) (b) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(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:

 Form 38 BEFORE amended by BC Reg 58/2012 effective April 25, 2012.

Form F38 (Rule 10-10 (2))

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]................................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:

[Check the correct box.]

1I 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 1 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 1 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:

NameAgeBirth 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]....

 Form F38 section 7(c) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

(c) the following arrangements have been made for the custody of and access to the children: ................[provide details]................ .

 Form F38 lines added by BC Reg 65/2013 effective July 1, 2013.

[Select and complete the following provision if you are seeking a change of name for yourself. If you are not seeking a change of name for yourself, remove this provision so that it does not appear in the form when the form is filed.]

8 Pursuant to section 5 of the Name Act, I am seeking to change my name from ............................................ to .......................................... . This application for a name change relates only to myself.

[Select and complete the following provision if you are seeking a change of name for one or more minor children. If you are not seeking a change of name for one or more minor children, remove this provision so that it does not appear in the form when the form is filed. Renumber this provision as section 8 if you are seeking a change of name for one or more minor children and have not included a section 8 immediately before this provision.]

9 Pursuant to section 5 of the Name Act, I am seeking to change the name(s) of the minor child(ren) of the marriage as follows, and a copy of the consent(s) to the change(s) of name referred to in this section of .....................[name]................. who is/are ...............[relationship to child(ren)]................. is/are attached to this affidavit and marked as Exhibit(s) ....[A, B, C, D, as the case may be].... . [Complete the following for each minor child of the marriage for whom a name change is sought.]

from ................................................ to: .................................................

 Form F43 (part) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

And to: ..........[name of person who prepared report under section 15 of the Family Relations Act]..........

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].......... .

 Part of Form F44 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

TAKE NOTICE that the trial and trial management conference of this family law case have been set down at the following places, dates and times:

 Trial Management ConferenceTrial
City  
Address of Courthouse  
Date [dd/mmm/yyyy]  
Time  

 Form F44 text was added following date and signature by BC Reg 119/2010 effective July 1, 2010.

 Part of Form F44 BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

I undertake to pay all hearing fees payable under Appendix C, Schedule 1, Item 14.

 Form F44 (part) in Appendix A BEFORE amended by BC Reg B.C. Reg. 104/2015 effective July 1, 2015.

I undertake to pay all hearing fees payable under Appendix C, Schedule 1, Item 10.

 Form F45 new content added below "Filed by" line by BC Reg 95/2011 effective July 1, 2011.

The trial of this family law case is scheduled for .............[number of days scheduled for trial].............. days and is scheduled to begin on .........[dd/mmm/yyyy]........ .

 Form F45 new content added by BC Reg 95/2011 effective July 1, 2011.

5 Orders that may affect the conduct of the trial

The following orders contain provisions that may affect the conduct of the trial:

Date of orderNature of order
  
  
  

 Form F45 sections 6 to 9 were added by BC Reg 121/2014 effective July 1, 2014.

 Form F46 text was added by BC Reg 119/2010 effective July 1, 2010.

 Form F51 BEFORE re-enacted by BC Reg 119/2010 effective July 1, 2010.

Form F51 (Rule 15-1 (1) )

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 
BEFORE0r.....[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 or 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.

 Form F51 BEFORE amended by BC Reg 58/2012 effective April 25, 2012.

Form F51 (Rule 15-1 (1) )

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 
BEFOREor.....[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.]

1

2

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

 Form F51 (part) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

[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.]

 Form F51 line BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

[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 change, suspend or terminate a final order, identify the judge by whom and the date on which that order was made.]

 Form 51.1 in Appendix A was added by BC Reg 104/2015 effective July 1, 2015.

 Form F52 BEFORE re-enacted by BC Reg 119/2010 effective July 1, 2010.

Form F52 (Rule 15-1 (1) )

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 
BEFOREor.....[dd/mmm/yyyy].....
 MASTER 

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,

[ ] 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.]

1

2

By the Court.

..................................................................................
Registrar

 Form F52 BEFORE amended by BC Reg 58/2012 effective April 25, 2012.

Form F52 (Rule 15-1 (1) )

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 
BEFOREor.....[dd/mmm/yyyy].....
 MASTER 
  or A MASTER OF THE COURT  

[Select whichever one of the 2 following provisions is correct, complete the selected provision and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]

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]................;

ON THE APPLICATION of ......................[party(ies)]...................... 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.]

1

2

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

 Form F52 line BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

[If orders other than or in addition to divorce orders are made, 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.] [If no orders other than divorce orders are made, remove this provision so that it does not appear in the form when the form is filed.]

 Form F52 (part) BEFORE amended by BC Reg 121/2014 effective July 1, 2014.

This family law case coming on for summary trial under Rule 11-3 of the Supreme Court Family Rules, and on considering the evidence put forward;

 Form F53 BEFORE repealed by BC Reg 119/2010 effective July 1, 2010.

Form F53 (Rule 15-1 (1) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

ORDER AFTER TRIAL

[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]

BEFORE THE HONOURABLE JUSTICE .....[dd/mmm/yyyy].....

THIS FAMILY LAW CASE coming on for trial at ............................, on ........[dd/mmm/yyyy]........, and on hearing ......................[name of party/lawyer]...................... and ......................[name of party/lawyer]......................, [add the following if applicable: AND JUDGMENT being reserved to this date]:

THIS COURT ORDERS that:

1

2

3

By the Court.

..................................................................................
Registrar

 Form F54 BEFORE re-enacted by BC Reg 119/2010 effective July 1, 2010.

Form F54 (Rule 15-1 (1) )

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 
BEFOREor.....[dd/mm/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]................;

[ ] without a hearing and on reading the materials filed by ................[name of party/lawyer]................ and ................[name of party/lawyer]................;

THIS COURT ORDERS that:

1

2

3

APPROVED AS TO FORM

[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

 Form F54 instruction BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

[Check the box(es) and complete any required information.]

 Form F54 BEFORE reenacted by BC Reg 133/2012 effective March 18, 2013.

Form F54 (Rule 15-1 (1) )

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.]

[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]

 THE HONOURABLE JUSTICE 
BEFOREor.....[dd/mmm/yyyy].....
 MASTER 
Name of applicant:................................................  
Persons appearing:................................................Lawyer:................................................
 ................................................Lawyer:................................................

This order is ..........[Set out one or more of the following as applicable: an interim order / a final order / a consent order / an order without notice].......... .

[Complete the following provision if applicable. Otherwise, remove the provision so that it does not appear in the draft order when the form is filed.]

The order dated ........[dd/mmm/yyyy]........ is changed as stated below.

This order will expire on ........[dd/mmm/yyyy]........ .

[Select whichever one or more of the 6 following provisions is/are correct, complete the selected provision(s) and remove the provision(s) that is/are not selected so that it/they do(es) not appear in the draft order when the form is filed.]

THIS COURT ORDERS that, 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]........ .

THIS COURT ORDERS that, 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]........ .

THIS COURT ORDERS that, 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.

THIS COURT ORDERS that, 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]........ .

THIS COURT ORDERS that, 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.

THIS COURT ORDERS that 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 an 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.

 Form F54.1 was enacted by BC Reg 133/2012 effective March 18, 2013.

 Form F54.2 was enacted by BC Reg 133/2012 effective March 18, 2013.

 Form F54.2 BEFORE amended by BC Reg. 133/2012 [amended by BC Reg 67/2013] effective March 18, 2013.

TAKE NOTICE THAT any police officer, including any R.C.M.P. officer having jurisdiction in the province of British Columbia, who finds the party .......................................................................[name(s) of party(s)]............................ breaching any of the terms of this restraining order may immediately arrest that party without warrant in accordance with section 495 of the Criminal Code.

 Form 55 (part) was added by BC Reg 133/2012 effective March 18, 2013.

 The following instruction was added to Form F58 by BC Reg 95/2011 effective July 1, 2011.

Name and address of lawyer or person causing this writ to be issued: ................................................

 Form F54 BEFORE amended by BC Reg 58/2012 effective April 25, 2012.

Form F54 (Rule 15-1 (1) )

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 
BEFOREor.....[dd/mmm/yyyy].....
 MASTER 
Name of applicant:................................................  
Persons appearing:................................................Lawyer:................................................
 ................................................Lawyer:................................................

[Check the correct 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.

 The following instruction was added to Form F59 by BC Reg 95/2011 effective July 1, 2011.

Name and address of lawyer or person causing this writ to be issued: ................................................

 The following instruction was added to Form F60 by BC Reg 95/2011 effective July 1, 2011.

Name and address of lawyer or person causing this writ to be issued: ................................................

 The following instruction was added to Form F61 by BC Reg 95/2011 effective July 1, 2011.

Name and address of lawyer or person causing this writ to be issued: ................................................

 Form F63 (part) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

*"Order" includes an agreement filed in the court under section 122 of the Family Relations Act.

 Form F71, Part B, item 2 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

2Process for discovery and inspection of documentsScale 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]  

 Form F71 Part D and E BEFORE amended by BC Reg 119/2010 effective July 1, 2010

PART D — TOTAL COSTS
TOTAL COSTS ALLOWED:
TOTAL from Part B + TOTAL OTHER COSTS from Part C =
  
PST  
GST  
TOTAL COSTS AND TAX 
PART E — DISBURSEMENTS
DescriptionClaimedAllowedPSTGSTTotal 
       
       
       
       
       
TOTAL DISBURSEMENTS AND TAX 

 Form F71 Part D (part) BEFORE amended by BC Reg 92/2013 effective April 1, 2013.

Tax imposed underthe Social Service Tax Act =Part IX [Goods and Services Tax] of the Excise Tax Act (Canada) =

 Form F71 Part E (part) BEFORE amended by BC Reg 92/2013 effective April 1, 2013.

Tax imposed under the Social Service Tax ActTax imposed under Part IX [Goods and Services Tax] of the Excise Tax Act (Canada)

 Form 71.1 was enacted by BC Reg 133/2012 effective March 18, 2013.

 Form F72 (part) BEFORE amended by BC Reg 133/2012 effective March 18, 2013.

CERTIFICATE OF COSTS

that on ........[dd/mmm/yyyy]........, the costs of ....................[party(ies)].................... have been allowed against ....................[party(ies)].................... in the amount of $............. .

[This certificate may be set out in a separate document or may be endorsed on the bill of costs.]

 The following was added to Form F73 by BC Reg 95/2011 effective July 1, 2011.

ON NOTICE TO:

............................[name and address of each person to be served]............................

 Form 73 text below "response to petition" BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(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

 Form 73 text below "Part 4" BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

The petitioner(s) estimate(s) that the hearing of the petition will take ............. minutes.

 Form F73 line BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

This family law case has been started by the petitioner(s) for the relief set out in Part 1 below.

 Form F79 text was added before IF YOU INTEND...... by BC Reg 119/2010 effective July 1, 2010.

 Form F79 text below "A Notice of Interest must be filed and served on the appellant(s)," BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(a) if you reside in British Columbia, within 7 days after the date on which a copy of the filed notice of appeal was served on you,

(b) if you reside anywhere else within Canada, within 21 days after the date on which a copy of the filed notice of appeal was served on you,

(c) if you reside in the United States of America, within 28 days after the date on which a copy of the filed notice of appeal was served on you,

(d) if you reside elsewhere, within 42 days after the date on which a copy of the filed notice of appeal was served on you, or

(e) if the time for Notice of Interest has been set by order of the court, within that time.

The appellant's(s') 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.]

 Parts of Form F80 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

ATTACHED is the standard set of directions, in the form directed by the Chief Justice, governing the conduct of the appeal.

IF YOU INTEND to oppose the appeal, YOU MUST GIVE NOTICE of your intention by filing in the above registry of this court a form entitled Notice of Interest and YOU MUST ALSO SERVE a copy of the Notice of Interest to the appellant's(s') address for service set out in this Notice of Appeal.

 Form F80 text below "A Notice of Interest must be filed and served on the appellant(s)," BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(a) if you reside in British Columbia, within 7 days after the date on which a copy of the filed notice of appeal was served on you,

(b) if you reside anywhere else within Canada, within 21 days after the date on which a copy of the filed notice of appeal was served on you,

(c) if you reside in the United States of America, within 28 days after the date on which a copy of the filed notice of appeal was served on you,

(d) if you reside elsewhere, within 42 days after the date on which a copy of the filed notice of appeal was served on you, or

(e) if the time for Notice of Interest has been set by order of the court, within that time.

 Parts of Form F85 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

THIS COURT ORDERS that no fee is payable by ................[name of person]................ to the government under Appendix C of the Supreme Court Family Rules in relation to this family law case subject to the following: ........................................................................................................................................................................................................................;

THIS COURT ORDERS that no fee is payable by ................[name of person]................ to the government under Appendix C of the Supreme Court Family Rules in relation to

 Form F85 BEFORE amended by BC Reg 58/2012 effective April 25, 2012.

Form F85 (Rule 20-5 (3) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

 

Respondent:

ORDER FOR INDIGENT STATUS

[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]

 THE HONOURABLE JUSTICE 
BEFOREor.....[dd/mmm/yyyy].....
 MASTER 

ON THE APPLICATION of ................[name]................ [add, if applicable, coming on before me on ........[dd/mmm/yyyy]........ and on hearing ................[name of party/lawyer]................ and ................[name of party/lawyer]................];

THIS COURT ORDERS that no fee is payable by ................[name of person]................ to the government under Schedule 1 of Appendix C of the Supreme Court Family Rules in relation to this family law case subject to the following: ........................................................................................................................................................................................................................;

[OR]

THIS COURT ORDERS that no fee is payable by ................[name of person]................ to the government under Schedule 1 of Appendix C of the Supreme Court Family Rules in relation to

[ ]   this family law case

[ ]   the following part(s) of this family law case: ................[describe part(s)]................

[ ]   this family law case during the following period(s): ................[describe period(s)]................

[ ]   the following steps in this family law case: ................[describe step(s)]................

subject to the following: ................[set out any conditions on this order]................ .

By the Court.

..................................................................................
Registrar

 Form 85 title BEFORE amended by BC Reg 112/2012 effective July 1, 2012.

ORDER FOR INDIGENT STATUS

 Form F86 section 7 BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

7  Attached as Exhibit A is a financial statement that accurately sets out the monthly income, expenses and assets of my household.

 Form 86 title and section 2 BEFORE amended by BC Reg 112/2012 effective July 1, 2012.

AFFIDAVIT IN SUPPORT OF INDIGENT APPLICATION

2  I make this affidavit in support of my application for an order that I be declared indigent with respect to the payment of fees set out in Schedule 1 of Appendix C of the Supreme Court Family Rules.

 Form F89 BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

TAKE NOTICE that ................[name of lawyer]................ intends to withdraw as lawyer of record in this family law case.

 Table within Form F95 BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

Type of document: (e.g. notice of application, notice of civil claim, response to civil claim)No. of pages in
document
Statutory fee
amount
   
   
   
   
   
Total no. of pages in submission
(maximum 20 including the cover sheet)
 $
Fee total
Plus
Confirmation Fee
$10.00
Total statutory
fees due
 

 Form F95 Payment Information was moved to appear udner "Court Services Branch may use your contact information for the purposes of conducting an evaluation of the fax service.". Move was prescribed by BC Reg 95/2011 effective July 1, 2011.

Payment Information:
I authorize you to bill to my credit card or BC Online Account the total amount of the statutory fee for filing and the confirmation fee. I include the payment information for that purpose.
  
Credit card account number
(Visa or MasterCard)
Expiry date on card
 


Name as it appears on the card 

 
[OR]  [Note: BC Online is available only in the Prince George Registry] 

BC Online Account Number:
Registry use only – imprint – authorization number
 
 
 
 
 
 
 
 
 
 
 


Authorizing Signature:


Print Name:

 Form 95 BEFORE amended by BC Reg 112/2012 effective July 1, 2012.

Form F95 (Rule 22-3 (3) )

FAX COVER SHEET

 

[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]

 

This form must be used when transmitting documents to the court registry by fax for filing.

The ability to transmit documents by fax to a registry for filing is subject to the limitations set out in the Supreme Court Civil Rules and Practice Directives. Additional information on this filing service is available on the Court Services website at www.ag.gov.bc.ca/courts/fax/fax.htm.

It is the responsibility of the person transmitting a document by fax to ensure that the document is filed in the registry within the required filing time. The registry takes no responsibility for difficulty experienced when transmitting a document by fax to the registry. The registry cannot guarantee that any document will be filed on the day it is received by fax in the registry.

Documents transmitted to the registry by fax will be processed in the order they are received. Confirmation of acceptance or refusal will be forwarded as soon as possible to you at the return fax number set out below or by mail if indicated.

To:Fax numbers for transmitting documents to registries
are available through the Court Services website at
www.ag.gov.bc.ca/courts/fax/fax.htm
or through Enquiry BC at 1-800-663-7867
 __________________________________________________
court location
 _________________________________________________
fax number
From: 
 _________________________________________________
name - firm or individual
__________________________________________________________
address
 _________________________________________________
contact name
__________________________________________________________
city
 _________________________________________________
phone number
______________________________________
province
___________________
postal code

Confirmation of acceptance or refusal of this filing will be sent as follows: [Check whichever one of the following boxes is correct and complete any required information.]

[ ]  by fax to .....................................................[insert fax number to which confirmation is to be sent]; or

[ ]  by mail to the address provided above.

 

Attached:
Type of document: (e.g. notice of application, notice of civil claim, response to civil claim)No. of pages in
document
Statutory fee
amount
   
   
   
   
   
Total no. of pages in submission
(maximum 30 including the cover sheet)
 $
Fee total
Plus
Confirmation Fee
$10.00
Total statutory
fees due
 

File number or name (style of proceeding)
e.g. - 013654 or "Steward vs. Parakeet"

Comments



Registry use only
 
Registry clerk:
Manager:

Accounting clerk:

 

Court Services Branch may use your contact information for the purposes of conducting an evaluation of the fax service.

Payment Information:

I authorize you to bill to my credit card or BC Online Account the total amount of the statutory fee for filing and the confirmation fee. I include the payment information for that purpose.

Credit card account number

Credit card account number

(Visa or MasterCard): ................................    Expiry date on card: .......................................

Name as it appears on the card:

....................................................................

[OR]  [Note: BC Online is available only in the Prince George Registry]

BC Online Account Number: .........................................................

Authorizing Signature: ....................................................................

Print Name: .....................................................................................

 Form 96 (part) BEFORE amended by BC Reg 112/2012 effective July 1, 2012.

I advise as follows:

1that the attached ................[type of document]................ is being submitted for filing electronically [add the following if applicable] on behalf of the ................[party(ies)]................, ................[name(s) of party(ies)]................;
2that the original paper version of the document being submitted for filing electronically appears to bear an original signature of the person identified as the signatory and I have no reason to believe that the signature placed on the document is not the signature of the identified signatory;
3that the version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and I have no reason to believe that it is not a true copy of the original paper version.

 Form F98 text was added before the date and signature by BC Reg 119/2010 effective July 1, 2010.

 Part of Form F100 BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

2I conducted a mediation session in which the following persons participated: .......................................................................[if a participant in the mediation attended in a representative capacity, indicate that and identify the person(s) on whose behalf the representative participated]........................................................................
3The parties to the mediation were unable to resolve all of the issues at the mediation session and I terminated the mediation.

 Part of Form F100 BEFORE re-enacted by BC Reg 95/2011 effective July 1, 2011.

Form F100 (Appendix C, Schedule 1, Section 2 (2) )

CERTIFICATE OF MEDIATION

[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]

I, ................[name of mediator].................., certify that:

1 I am a member of a roster organization as defined in the Notice to Mediate (General) Regulation, B.C. Reg. 4/2001.

[ ] 2 I conducted a mediation session in which the following persons participated: .............................[if a participant in the mediation attended in a representative capacity, indicate that and identify the person(s) on whose behalf the representative participated]........................... .

3 The parties to the mediation were unable to resolve all of the issues at the mediation session and I terminated the mediation.

[OR]

[ ] 2 I determined that mediation was not appropriate between ………………………………… and ……………………………………………. and I so advised those persons.

Date: ................[dd/mmm/yyyy]..................................................................................................
 Signature of mediator
 
................................[type or print name, address
and phone number of mediator
]...............................

 Form F101 was added by BC Reg 41/2013 effective March 18, 2013.

 Appendix C BEFORE amended by BC Reg 119/2010 effective July 1, 2010.

Appendix C — Fees

Schedule 1
Fees Payable to the Crown

(Unless otherwise provided by statute)

 Definitions

1  In this Schedule, "Item" means an Item in the table to this Schedule.

 Amount payable

2  (1)  Subject to subsection (2), for any Item, there must be paid to the government

(a) the fee shown in the table to this Schedule as being applicable to that Item, or

(b) if Part 1 of the table to this Schedule is amended under section 2 (4) of Schedule 4 of this Appendix C, the fee shown as being applicable to that Item in the table most recently published under section 2 (3) (b) of Schedule 4.

(2)  A person filing a notice of family claim or a response to family claim need not pay the fee applicable to that filing if, at the time of filing, the person provides to the registry a certificate of mediation in Form F100 indicating,

(a) if the filing party is a named claimant, that that party or that party's representative engaged in mediation with one or more of the named respondents or a representative for one or more of the named respondents, or

(b) if the filing party is a named respondent, that that party or that party's representative engaged in mediation with one or more of the named claimants or a representative for one or more of the named claimants.

 Electronic filing fee

3  (1)  In addition to any other fees payable under this Schedule, a further fee of $7.00 must be paid for transmitting a document package to a registry through the electronic filing service of Court Services Online.

(2)  For the purposes of this provision, a "document package" is any document or, if a group of documents is transmitted at one time in relation to the same court file, that group of documents.

PART 1
Fees Applicable to the Supreme Court
Item Fee
($)
Commencing proceedings
1Subject to section 2 (2) of this Schedule, for commencing a family law case in the Supreme Court that is not an appeal under Rule 22-7 (8)200
2For filing a counterclaim 200
Responding to proceedings
3Subject to section 2 (2) of this Schedule, for filing a response to family claim or a response to counterclaim25
 
Application filings
4For filing any one of the following:
    (a)  a notice of application;
    (b)  an appointment for a hearing before a registrar or a special referee but not including a hearing inquiry or reference under the Court Order Enforcement Act;
    (c)  a requisition for a desk order
80
5For setting a matter for hearing for which a fee is not payable under this Schedule80
Other filings
6For filing a notice of judicial case conference80
7For filing a notice of trial200
 
Hearings
8For resetting a trial or hearing200
9For each day spent in whole or in part at a hearing, unless the attendance on that day is for reasons for decision only, payable by the party who files the notice of application, appointment or other document by which the hearing was set, unless the court orders payment by another partyFor the first 3 days: 0
For each of the 4th to 10th days: 500

For each day over 10: 800
10For each day spent in whole or in part at trial, unless the attendance on that day is for judgment only, payable by the party who files the notice of trial, unless the court orders payment by another partyFor the first 3 days: 0
For each of the 4th to 10th days: 500

For each day over 10: 800
 
Room Rentals
11For rental of examination for discovery room100 per day
 
Execution
12For filing a caveat, a citation, a garnishing order, a writ of execution or a subpoena to debtor 80
 
Documents
13For taking or swearing an affidavit for use in the court unless
    (a)  the person swearing the affidavit does so in the course of his or her duties as a peace officer or as an agent or officer of the government, or
    (b)  provision is made elsewhere for a fee for that service
40
14For a search of a record, other than
    (a)  an electronic search conducted from outside the registry, or
    (b)  a search of a record of a proceeding by
      (i)  a party to that proceeding,
      (ii)  a party's lawyer, or
      (iii)  an official reporter who, or a representative of a transcription firm that, is retained by a party to produce a transcript of the proceeding
8
15For returning by mail, fax or electronic mail the results of a search of a record10
16For accessing, without purchase, from outside the registry, including, without limitation, viewing, printing or downloading, any document that is found by or created in response to an electronic search or request, including, without limitation, an index of cases produced in response to a search query6
17For accessing any document referred to in Item 16 and purchasing that document10
18For copies, per page1
19For
    (a)  a certified copy of a document
    (b)  issuing a certificate of judgment
    (c)  issuing a certificate of pending litigation or other certificate not otherwise provided for
    (d)  a copy, produced by the registry, of a transcript filed within 5 years of the request, per page
40
20For returning by mail or by fax a confirmation of filing or rejection of a document submitted by fax to a registry10
PART 2
Fees Applicable to the Court of Appeal
Item Fee
($)
21For filing a notice of appeal or a notice of an application for leave to appeal291
22For filing an application to be heard by a Justice of the Court of Appeal excluding an application for leave to appeal104
23For filing an application to be heard by 3 or more justices if the application is not returnable to the hearing of the appeal208
24For filing a certificate of readiness291
25For filing a book of authorities, other than a book of authorities filed jointly by 2 or more counsel of record52
26For each half day spent in whole or in part on the hearing of an appeal, unless the hearing is for judgment only, payable by the party who files the certificate of readiness, unless the court orders payment by another party156
27For filing any appointment for a hearing before a registrar52
28For a registrar's hearing, unless the hearing is for reasons for decision only, payable by the party who files the appointment unless the court or registrar orders payment by another party
    (a)  if the time spent on the hearing is more than 1/2 day but not more than one day
    (b)  if the time spent on the hearing is more than 1 day
      (i)  for each of the first 4 days spent, in whole or in part, on the hearing
      (ii)  for each additional day spent after the first 4 days, in whole or in part, on the hearing
      (iii)  for each additional day spent after the first 10 days, in whole or in part, on the hearing



78


156

208

312
29For taking or swearing an affidavit for use in the court unless
    (a)  the deponent swears the affidavit in the course of his or her duties as a peace officer or as an agent or officer of the Province,
    (b)  the affidavit is sworn for the purpose of enforcing a maintenance or support order, or
    (c)  provision is made elsewhere for a fee for that service
31
30For a search of a record, other than
    (a)  an electronic search conducted from outside the registry, or
    (b)  a search of a record of a proceeding by
      (i)  a party to that proceeding,
      (ii)  a party's solicitor, or
      (iii)  an official reporter who, or a representative of a transcription firm that, is retained by a party to produce a transcript of the proceeding
8
31For returning by mail, fax or electronic mail the results of a search of a record, the aggregate of the following:
    (a)  fee for returning the results
    (b)  cost per page faxed


10
1
32For accessing from outside the registry, including, without limitation, viewing, printing or downloading, any record that is found by or created in response to an electronic search or request, including, without limitation, an index of cases produced in response to a search query6
33For copies, per page1
34For
    (a)  a certified copy of a document of record
      (i)  for 10 pages or less
      (ii)  for each additional page over 10 pages, per page
    (b)  issuing a certificate of judgment
    (c)  issuing a certificate of pending litigation or other certificate not otherwise provided for
    (d)  a copy, produced by the registry, of a transcript filed within 5 years of the request, per page


31
6
31
31

3.50
35For each payment into or out of court, except in a proceeding to which Item 21 applies42

Despite anything in Part 2 of this Schedule, if, after consultation with the Chief Justice of British Columbia, the Crown enters into an agreement with a person under which the person is authorized to access one or both of registry records and specified registry services and is exempted from payment of any or all of the fees provided under Items 30, 31, 32 and 33 for such access, the person may, on payment of any fee required under the agreement and on compliance with any other terms and conditions imposed by the agreement, access, during the term of the agreement, the registry records and registry services to which the agreement applies without payment of the fees from which the person is exempted under the agreement.

Schedule 2
Fees Payable to the Sheriff

Item ($)
1For service
    (a)  receiving, filing, serving on one person and returning any process together with an affidavit of service or attempted service
    (b)  each additional party served at the same address
    (c)  each additional party served not at the same address

100
20

30
2For arrest or execution on goods and chattels
    (a)  for every arrest, execution or similar writ or order
    (b)  for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved
    (c)  as commission on the sum realized, or on the sum settled for, as the case may be, net of disbursements properly incurred
      (i)  if that net sum is $10 000 or less
      (ii)  if that net sum is more than $10 000 but is less than $100 000


      (iii)  if that net sum is $100 000 or over


    (d)  the amount of the commission payable under paragraph (c) must be reduced by 50% if an auctioneer, broker or other individual sells the goods and chattels for the sheriff and receives a fee or commission for doing so

120
60



10%
$1 000 plus 2 1/2% on the amount in excess of $10 000
$3 250 plus 1% on the amount in excess of $100 000
3For lien and recovery actions
    (a)  executing a lien other than a repairer's lien or for recovering specific property other than land if the execution or recovery is accomplished in whole or in part
    (b)  attending, investigating, inventorying, cataloguing, taking possession, per hour for each sheriff involved

175


60
4For sale or possession of land
    (a)  for executing an order for sale or possession of land, in part or in whole
    (b)  for attending, investigating, inventorying, cataloguing, taking possession, preparing for sale, per hour for each sheriff involved
    (c)  as commission on the sum realized, or on the sum settled for, as the case may be, net of disbursements properly incurred
      (i)  if that net sum is $10 000 or less
      (ii)  if that net sum is more than $10 000 but is less than $100 0000


      (iii)  if that net sum is $100 000 or over

150

45



10%
$1 000 plus 2 1/2% on the amount in excess of $10 000
$3 250 plus 1% on the amount in excess of $100 000
5For arrest of ships
    (a)  for every warrant or order to arrest a ship, including release
    (b)  for attending, investigating, inventorying, cataloguing, taking and maintaining possession, preparing for sale, per hour for each sheriff involved

175
60
6For a search made by a sheriff including the certificate of result10
7For taking or swearing an affidavit for use in the court unless the person swearing the affidavit does so in the course of his or her duties as a peace officer or as an agent or officer of the government30
8In respect of each of the foregoing items except item 1, the sheriff must be paid 45¢ for each kilometre traveled 
9For each of the foregoing items, all disbursements properly incurred 

Schedule 3
Fees Payable to Witnesses

In all cases in which a witness is required to attend an examination, hearing or trial, the following daily witness fees and fees for travel, meals and preparation are payable, and must, unless otherwise ordered, be tendered in advance by the party requiring the attendance of the witness:

 Daily witness fee

1  (1)  For any witness, other than a party or a present officer, director or partner of a party to a proceeding, for each day or part of a day, a daily witness fee of $20.

(2)  A witness who is a party or a present officer, director or partner of a party to the proceeding is not entitled to a daily witness fee.

 Travel

2  (1)  For any witness, if the examination, hearing or trial is held at a place

(a) within 200 km by road (including any ferry route within the Provincial road system) of where the witness resides, 30¢ per km each way by road between his or her residence and the place of examination, hearing or trial; but no travel allowance will be made if the distance by road between that residence and the place of examination, hearing or trial is less than 8 km., or

(b) more than 200 km from where the witness resides, the minimum return air fare by scheduled airline plus 30¢ per km each way from his or her residence to the departure airport and from the arrival airport to the place of examination, hearing or trial.

(2)  The allowance described in subsection (1) (a) includes ferry fares and road tolls.

 Allowances

3  For any witness, a reasonable allowance for meal expenses made necessary by the witness' attendance, and if the witness resides elsewhere than the place of examination, hearing or trial and is required to remain overnight, a reasonable allowance for overnight accommodation.

 Preparation

4  For any witness other than a party or a present officer, director or partner of a party to a proceeding, a reasonable sum must be allowed for the time employed and expenses incurred by the witness in preparing to give evidence, when that preparation is necessary.

Schedule 4
Fee Calculations

 Definitions

1  In this Schedule:

"actual fee", in relation to an Item, means the actual fee applicable to that Item determined under section 2;

"base CPI" means the number recorded as the "All-items Index" for British Columbia for April 2010 in the publication prepared for April 2010 under the Statistics Act by the director;

"base fee", in relation to an Item, means the fee shown in the table to this Schedule as being applicable to that Item;

"current CPI", in relation to any year in which a calculation of actual fees is to be made under section 2, means the number recorded as the "All-items Index" for British Columbia for April of that year in the publication prepared for that year under the Statistics Act by the director;

"director" has the same meaning as in the Statistics Act;

"Item" means an Item in the table to this Schedule.

 Calculation of actual fee

2  (1)  Until Part 1 of the table to Schedule 1 is amended under this section, the actual fee applicable to an Item is the fee shown for that Item in the table to this Schedule.

(2)  In 2012, and in every second year after that, the actual fee applicable to an Item must be recalculated as follows:

(a) a preliminary fee must be determined for the Item in accordance with the following formula:

preliminary fee = base fee X (current CPI/base CPI):

(b) the actual fee applicable to the Item is the preliminary fee determined for that Item under paragraph (a) rounded as follows:

(i)  if the base fee applicable to the Item is less than or equal to $10, the actual fee applicable to the Item is the preliminary fee for the Item rounded to the nearest $1;

(ii)  if the base fee applicable to the Item is greater than $10 but less than $100, the actual fee applicable to the Item is the preliminary fee for the Item rounded to the nearest $5;

(iii)  if the base fee applicable to the Item is $100 or more, the actual fee applicable to the Item is the preliminary fee for the Item rounded to the nearest $10.

(3)  If, as a result of the recalculation referred to in subsection (2), there is a change to the actual fee applicable to one or more Items, the minister may notify the Registrar of Regulations of that change and the Registrar of Regulations may

(a) amend Part 1 of the table to Schedule 1 to reflect the change of which notice was given under this subsection, and

(b) publish in Part 2 of the Gazette the amended table.

(4)  On the date that is 7 days after the date on which an amended table is published under subsection (3) (b) in Part 2 of the Gazette, Part 1 of the table to Schedule 1 is amended accordingly.

Item Fee
($)
Commencing proceedings
1Subject to section 2 (2) of Schedule 1, for commencing a family law case in the Supreme Court that is not an appeal under Rule 22-7 (8)200
2For filing a counterclaim 200
Responding to proceedings
3Subject to section 2 (2) of Schedule 1, for filing a response to family claim or a response to counterclaim25
 
Application filings
4For filing any one of the following:
    (a)  a notice of application;
    (b)  an appointment for a hearing before a registrar or a special referee but not including a hearing inquiry or reference under the Court Order Enforcement Act;
    (c)  a requisition for a desk order
80
5For setting a matter for hearing for which a fee is not payable under this Schedule80
Other filings
6For filing a notice of judicial case conference80
7For filing a notice of trial200
 
Hearings
8For resetting a trial or hearing200
9For each day spent in whole or in part at a hearing, unless the attendance on that day is for reasons for decision only, payable by the party who files the notice of application, appointment or other document by which the hearing was set, unless the court orders payment by another partyFor the first 3 days: 0
For each of the 4th to 10th days: 500

For each day over 10: 800
10For each day spent in whole or in part at trial, unless the attendance on that day is for judgment only, payable by the party who files the notice of trial, unless the court orders payment by another partyFor the first 3 days: 0
For each of the 4th to 10th days: 500

For each day over 10: 800
 
Room Rentals
11For rental of examination for discovery room100 per day
 
Execution
12For filing a caveat, a citation, a garnishing order, a writ of execution or a subpoena to debtor 80
 
Documents
13For taking or swearing an affidavit for use in the court unless
    (a)  the person swearing the affidavit does so in the course of his or her duties as a peace officer or as an agent or officer of the government, or
    (b)  provision is made elsewhere for a fee for that service
40
14For a search of a record, other than
    (a)  an electronic search conducted from outside the registry, or
    (b)  a search of a record of a proceeding by
      (i)  a party to that proceeding,
      (ii)  a party's lawyer, or
      (iii)  an official reporter who, or a representative of a transcription firm that, is retained by a party to produce a transcript of the proceeding
8
15For returning by mail, fax or electronic mail the results of a search of a record10
16For accessing, without purchase, from outside the registry, including, without limitation, viewing, printing or downloading, any document that is found by or created in response to an electronic search or request, including, without limitation, an index of cases produced in response to a search query6
17For accessing any document referred to in Item 16 and purchasing that document10
18For copies, per page1
19For
    (a)  a certified copy of a document
    (b)  issuing a certificate of judgment
    (c)  issuing a certificate of pending litigation or other certificate not otherwise provided for
    (d)  a copy, produced by the registry, of a transcript filed within 5 years of the request, per page
40
20For returning by mail or by fax a confirmation of filing or rejection of a document submitted by fax to a registry10

 Appendix C, Schedule 1 section 1 BEFORE re-enacted by BC Reg 95/2011 effective July 1, 2011.

 Definitions

1  In this Schedule, "Item" means an Item in the table to this Schedule.

 Appendix C, Schedule 1 section 2 (2) (part) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

(2)  A person filing a notice of family claim or a response to family claim need not pay the fee applicable to that filing if, at the time of filing, the person provides to the registry a certificate of mediation in Form F100 indicating,

 Appendix C, Schedule 1 item 19 (c) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

19For
     (a) a certified copy of a document
     (b) issuing a certificate of judgment
     (c) issuing a certificate of pending litigation or other certificate not otherwise provided for
     (d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page request, per page

40
40
40
4

 Appendix C, Schedule 1, section 1 definition of "qualified mediator", pagraph c BEFORE amended by BC Reg 27/2013 effective March 18, 2013.

(c) a person designated by the Ministry of Attorney General as a Family Justice Counsellor.

 Appendix C, Schedule 1, item 7.1 BEFORE amended by BC Reg 68/2013 effective March 18, 2013.

7.1For filing a written agreement as provided for in section 122 of the Family Relations Act30

 Appendix C, Schedule 1 item 7.2 was added by BC Reg 68/2013 effective March 18, 2013.

 Appendix C, Schedule 1 item 5 BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

5For setting a matter for hearing for which a fee is not payable under this Schedule80

 Appendix C, Schedule 1 item 19 BEFORE amended by BC Reg 65/2013 effective July 1, 2013.

19For
    (a) a certified copy of a document
     (b) issuing a certificate of judgment
    (c) issuing a certificate of pending litigation or other certificate not otherwise provided for, other than a certificate in Form F36
    (d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page

40
40
40
4

 Appendix C, Schedule 1 item 1 BEFORE amended by BC Reg 90/2014 effective May 26, 2014.

Fees Applicable to the Supreme Court
ItemDescriptionFee
($)
Commencing proceedings
1Subject to section 2 (2) of this Schedule, for commencing a family law case in the Supreme Court that is not an appeal under Rule 22-7 (8)200

 Appendix C, Schedule 1 item 4 BEFORE amended by BC Reg 90/2014 effective May 26, 2014.

Application filings
4For filing any one of the following:
    (a)  a notice of application;
    (b)  an appointment for a hearing before a registrar or a special referee but not including a hearing, inquiry or reference under the Court Order Enforcement Act;
    (c)  a requisition for a desk order
80

 Item 7.3 was added to Schedule 1 of Appendix C by BC Reg 121/2014 effective July 1, 2014.

 Appendix C, Schedule 4 item 19 (c) BEFORE amended by BC Reg 95/2011 effective July 1, 2011.

19For
     (a) a certified copy of a document
     (b) issuing a certificate of judgment
     (c) issuing a certificate of pending litigation or other certificate not otherwise provided for
     (d) a copy, produced by the registry, of a transcript filed within 5 years of the request, per page

40
40
40
4

 Appendix C, Schedule 4 item 7.1 BEFORE amended by BC Reg 68/2013 effective March 18, 2013.

7.1For filing a written agreement as provided for in section 122 of the Family Relations Act30

 Appendix C, Schedule 4, item 7.2 was added by BC Reg 68/2013 effective March 18, 2013.

 Appendix C, Schedule 4 item 1 BEFORE amended by BC Reg 90/2014 effective May 26, 2014.

ItemDescriptionFee
($)
Commencing proceedings
1Subject to section 2 (2) of Schedule 1, for commencing a family law case in the Supreme Court that is not an appeal under Rule 22-7 (8)200

 Appendix C, Schedule 4 item 4 BEFORE amended by BC Reg 90/2014 effective May 26, 2014.

Application filings
4For filing any one of the following:
    (a)  a notice of application;
    (b) an appointment for a hearing before a registrar or a special referee but not including a hearing, inquiry or reference under the Court Order Enforcement Act;  
    (c)  a requisition for a desk order
80

 Item 7.3 was added to Schedule 4 of Appendix C by BC Reg 121/2014 effective July 1, 2014.