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B.C. Reg. 417/98
O.C. 1444/98
Deposited November 25, 1998
effective December 1, 1998
This consolidation is current to August 22, 2019.
Link to consolidated regulation (PDF)
Link to Point in Time

Court Rules Act

Provincial Court (Family) Rules

[includes amendments up to B.C. Reg. 61/2019, May 13, 2019]

Appendix B

[en. B.C. Reg. 61/2019, s. 5.]

Early Resolution and
Case Management Model

Contents
Part 1 — Interpretation, Application and Purpose
 1Definitions
 2Citation
 3Designation of early resolution and case management model registry
 4Purpose
Part 2 — Early Resolution Requirements
 Division 1 — General
 5Early resolution requirements
 6Exception to early resolution requirements
 7Protection orders and orders about extraordinary parenting matters take priority
 8Judge may waive or vary requirements
 9Intention to proceed in certain cases after one year
 Division 2 — Needs Assessment
 10Participating in needs assessment
 11Needs assessor
 Division 3 — Parenting Education Program
 12Completing parenting education program
 Division 4 — Consensual Dispute Resolution
 13Participating in consensual dispute resolution
 14Financial information for consensual dispute resolution
Part 3 — Applying for Orders about Family Law Matters
 Division 1 — Making Family Law Matter Claims
 15Early resolution requirements must be met before filing claim
 16Applying for family law matter claim
 17Additional documents when applying for certain orders
 18Serving family law matter claim
 Division 2 — Family Law Matter Replies and Counterclaims
 19After receipt of family law matter claim
 20Early resolution requirements must be met before filing reply
 21Replying to family law matter claim
 22Applying for counterclaim
 23If no reply filed
 24Judge may direct matters if party does not file reply
 25Copy to filing party
 26Replying to counterclaim
Part 4 — Family Management Conferences
 Division 1 — Purpose, Participation and Information
 27Family management conferences
 28Family management conference required after compliance with Part 3
 29Who must attend family management conference
 30Family management conference may proceed
 31Information presented in family management conference
 32Intention to proceed — family management conferences
 Division 2 — Scheduling the Family Management Conference
 33Scheduling family management conference if reply filed
 34Scheduling family management conference if no reply filed
 Division 3 — Family Management Conference Proceedings
 35Directions to attend
 36Interim orders
 37Consent orders
 38Completion of early resolution requirements
 39Conduct orders
 40Preparing for subsequent hearing
 41Orders made in the absence of a party
Part 5 — Case Management Orders
 42Case management orders — general
 43Case management orders — without notice or appearance
Part 6 — Applying for Other Orders
 Division 1 — Protection Orders
 44Priority — protection orders
 45Applying for Family Law Act protection orders or to change or terminate protection orders
 46Protection orders — without notice
 47Evidence at protection order hearing
 48Judge to make new protection order
 49What happens if protection order is made or changed
 50What happens if protection order is terminated
 51Form of orders
 52No limitation on protection order applications
 Division 2 — Orders about Extraordinary Parenting Matters
 53Priority — extraordinary parenting matters
 54Applying for orders about extraordinary parenting matters
 55Notifying other person about order about extraordinary parenting matter
 56Extraordinary parenting matters — without notice
 57Evidence presented at hearing for orders about extraordinary parenting matters
 Division 3 — Orders about Relocation
 58Applying for orders about relocation
 Division 4 — Consent Orders
 59Applying for consent orders about family law matters without hearing
 60Consideration of consent order
 61Consent orders about guardianship
 62Administrative matters for consent orders about guardianship
 63Applying for consent orders about case management
 64General process for consent orders
 Division 5 — Orders about Enforcement
 65Applying for orders about enforcement

Part 1 — Interpretation, Application and Purpose

Definitions

1   (1) In this Appendix, the definitions in rule 5.01 (1) apply.

(2) In this Appendix:

"early resolution requirements" means the requirements described in section 5 [early resolution requirements];

"these rules" means the Provincial Court (Family) Rules.

Citation

2   This Appendix may be cited as the "Early Resolution and Case Management Model" and is included within any reference to the "Provincial Court (Family) Rules".

Designation of early resolution and case management model registry

3   This Early Resolution and Case Management Model applies in the Victoria registry, which is designated as an early resolution and case management model registry.

Purpose

4   The purpose of the Early Resolution and Case Management Model is to encourage parties to resolve their cases by agreement or to help them obtain a just and timely decision in a way that

(a) takes into account the impact that the conduct of a case may have on a child and family,

(b) minimizes conflict,

(c) promotes cooperation between the parties, and

(d) provides processes for resolution that are efficient and consistent with the complexity of the cases to be resolved.

Part 2 — Early Resolution Requirements

Division 1 — General

Early resolution requirements

5   Before filing a family law matter claim under Part 3 [Applying for Orders about Family Law Matters], a person seeking resolution of a family law matter in an early resolution and case management registry must, unless otherwise provided in this Early Resolution and Case Management Model,

(a) file a notice to resolve in Form A [Notice to Resolve a Family Law Matter] of Appendix C,

(b) provide a copy of the notice to resolve to the other person,

(c) attend a needs assessment under section 10 [participating in needs assessment],

(d) complete a parenting education program under section 12 [completing parenting education program], and

(e) participate in at least one consensual dispute resolution session under section 13 [participating in consensual dispute resolution].

Exception to early resolution requirements

6   The early resolution requirements described in section 5 are not required if a person is only applying for one or more orders that are to be made under Part 5 [Case Management Orders] or 6 [Applying for Other Orders].

Protection orders and orders about extraordinary parenting matters take priority

7   For certainty, if a party applies for an order about

(a) a protection order under Part 9 [Protection from Family Violence] of the Family Law Act, or

(b) an extraordinary parenting matter

in addition to an order about a family law matter, the party may apply for the order about the protection order or the extraordinary parenting matter before complying with the early resolution requirements under this Part.

Judge may waive or vary requirements

8   (1) For certainty, rule 20 (2) [judge may waive or vary rules] of these rules applies to this Early Resolution and Case Management Model.

(2) A party may make an application to waive or vary the early resolution requirements in accordance with Part 5 [Case Management Orders] of this Early Resolution and Case Management Model.

Intention to proceed in certain cases after one year

9   (1) The parties must meet the requirements of subsection (2) if no family law matter claim has been filed and more than one year has passed since the latest date on which one of the parties

(a) filed a notice to resolve a family law matter in Form A [Notice to Resolve a Family Law Matter] of Appendix C,

(b) completed a needs assessment,

(c) completed a parenting education program, or

(d) participated in a consensual dispute resolution session.

(2) Before the parties described in subsection (1) may proceed under this Early Resolution and Case Management Model,

(a) a party must file a notice of intention to proceed in Form B [Notice of Intention to Proceed] of Appendix C and provide a copy of the notice to the other party, and

(b) the parties must participate in a new needs assessment.

Division 2 — Needs Assessment

Participating in needs assessment

10   Each party must participate in a needs assessment conducted by a needs assessor for the following:

(a) assistance with identifying legal and non-legal needs;

(b) information about resolving issues, including

(i) how to resolve family law matters and other issues out of court, and

(ii) how to apply for a court order;

(c) provision of

(i) a referral to an appropriate parenting education program, or

(ii) an exemption from a parenting education program under Division 3 [Parenting Education Program] of this Part;

(d) referrals to other resources, including

(i) where and how to seek legal advice,

(ii) where and how to access legal information,

(iii) where and how to access resources for issues that are not legal in nature, and

(iv) where and how to access resources for children dealing with family changes;

(e) assessment about whether consensual dispute resolution under Division 4 [Consensual Dispute Resolution] of this Part is not appropriate;

(f) assessment about whether there is a risk of family violence;

(g) referrals to other resources for individuals and families experiencing or concerned about family violence.

Needs assessor

11   For the purposes of this Division, a needs assessor must be a family justice counsellor appointed under section 10 (1) [family justice counsellors] of the Family Law Act.

Division 3 — Parenting Education Program

Completing parenting education program

12   Each party must complete a parenting education program unless the needs assessor exempts that party because

(a) that party has already completed the parenting education program in the 2 years before the date of the needs assessment,

(b) the family law matter is only related to spousal support,

(c) every child involved in the family law matter has reached 19 years of age,

(d) that party resides in a community where the parenting education program is not offered in person and the party cannot access the online version,

(e) the parenting education program is not available in a language in which that party is fluent,

(f) that party is unable to attend the parenting education program in person and cannot complete an online version of the parenting education program due to literacy challenges, or

(g) that party cannot complete the parenting education program due to a serious medical condition.

Division 4 — Consensual Dispute Resolution

Participating in consensual dispute resolution

13   (1) The parties must attempt to resolve a family law matter by participating in at least one consensual dispute resolution session unless

(a) a needs assessor determines that the parties cannot access consensual dispute resolution services, or

(b) a needs assessor or a consensual dispute resolution professional determines that participation at a consensual dispute resolution session is not appropriate.

(2) To prepare for the consensual dispute resolution session, each party must participate in any preparatory meetings or other preparatory process as required by the consensual dispute resolution professional.

Financial information for consensual dispute resolution

14   If financial information for consensual dispute resolution is required, it must be provided in the form required by the consensual dispute resolution professional.

Part 3 — Applying for Orders about Family Law Matters

Division 1 — Making Family Law Matter Claims

Early resolution requirements must be met before filing claim

15   Before filing a claim about a family law matter, a party must meet the applicable early resolution requirements described in section 5 [early resolution requirements].

Applying for family law matter claim

16   (1) A party who is seeking an order about the following must file and serve a family law matter claim in Form C [Family Law Matter Claim] of Appendix C:

(a) for a new order about a family law matter;

(b) to change or cancel all or part of an existing order or filed written agreement about a family law matter;

(c) to set aside or replace all or part of a written agreement about a family law matter that has not been filed.

(2) The family law matter claim under subsection (1) must be accompanied by the following, as applicable:

(a) a financial statement in Form D [Financial Statement] of Appendix C;

(b) an affidavit;

(c) any supporting evidence or documents.

Additional documents when applying for certain orders

17   If the party is applying for one of the following orders, the family law matter claim must be filed with the following appropriate additional documents for the order:

(a) in relation to an existing order or written agreement, a copy of the existing order or written agreement;

(b) in relation to child support, if the child support guidelines require the person to provide information, a financial statement in Form D [Financial Statement] of Appendix C and any other documents required by the child support guidelines;

(c) in relation to spousal support, a financial statement in Form D [Financial Statement] of Appendix C;

(d) to be appointed as a guardian of a child, an affidavit in Form 34 [Affidavit] of Appendix A with the following exhibits attached:

(i) a record check from the Ministry of Children and Family Development;

(ii) a protection order record check from the protection order registry;

(iii) a criminal record check.

Serving family law matter claim

18   (1) A party making a family law matter claim under section 16 must arrange for the service of the family law matter claim by arranging for an adult who is not a party to leave a copy of the following documents with the party to be served:

(a) the family law matter claim;

(b) a blank copy of Form F [Reply to a Family Law Matter Claim] of Appendix C;

(c) any applicable additional documents, as described in section 17.

(2) The adult who serves documents under subsection (1) is to complete a certificate of service in Form E [Certificate of Service] of Appendix C and provide it to the party making the family law matter claim.

(3) If a reply is not filed under Division 2 within 21 days, the party making the family law matter claim must file the Certificate of Service.

Division 2 — Family Law Matter Replies and Counterclaims

After receipt of family law matter claim

19   (1) When a party is served with a family law matter claim, the party may reply to the family law matter claim, as described in section 21 [replying to family law matter claim].

(2) If the party served with a family law matter claim does not reply, the consequences described in section 23 [if no reply filed] apply.

Early resolution requirements must be met before filing reply

20   Before filing a reply to a family law matter claim under section 21, a party must meet the applicable early resolution requirements described in section 5 [early resolution requirements].

Replying to family law matter claim

21   If a party is served with a family law matter claim and replies,

(a) the party must file a completed reply in Form F [Reply to a Family Law Matter Claim] of Appendix C within 21 days after the date that the party is served the family law matter claim,

(b) the party may, in the reply, do any of the following:

(i) agree with one or more of the orders applied for in a family law matter claim;

(ii) disagree with one or more of the orders applied for in a family law matter claim;

(iii) make a counterclaim in accordance with section 22, and

(c) if the family law matter claim involves child support or spousal support, the party must file a financial statement in Form D [Financial Statement] of Appendix C.

Applying for counterclaim

22   (1) In the reply, a party may include a counterclaim to apply for an order about a different family law matter that was not included in the family law matter claim.

(2) If the counterclaim involves child support or spousal support, the party must file any applicable additional documents, as described in section 17 [additional documents when applying for certain orders].

If no reply filed

23   If a party does not file a reply in accordance with section 21 (a) [replying to family law matter claim],

(a) the party is not entitled to receive notice of any part of the proceedings, including any conference, court appearance, hearing or trial, and

(b) a judge may make orders without that party's knowledge.

Judge may direct matters if party does not file reply

24   Despite section 23, a judge may direct that a party who does not file a reply under section 21 [replying to family law matter claim] receive notice of and attend a family management conference or another conference or hearing.

Copy to filing party

25   After the reply is filed, the registry must, within 21 days, provide a copy of the reply and all documents filed with the reply to the party who filed the family law matter claim.

Replying to counterclaim

26   A party may reply to a counterclaim by filing and serving a reply to the counterclaim in Form G [Reply to a Counterclaim] of Appendix C within 14 days after the date that the party receives the counterclaim in the reply.

Part 4 — Family Management Conferences

Division 1 — Purpose, Participation and Information

Family management conferences

27   A family management conference is an informal and time-limited process in which a judge

(a) may assist the parties to identify the issues to be resolved,

(b) may explore options to resolve the issues,

(c) may, if needed, make orders and directions under Part 5 [Case Management Orders] based on information provided by or on behalf of the parties to ensure a file is ready to proceed to the next step in the process,

(d) may, if needed, make interim orders under section 36 [interim orders], based on evidence provided by or on behalf of the parties regarding family law matters, to address needs until the parties resolve their family law matters in a subsequent step in the process, and

(e) may, if needed, make orders under

(i) section 23 [if no reply filed], if a party does not file a reply,

(ii) section 37 [consent orders], by consent of the parties, and

(iii) section 41 [orders made in the absence of a party], in the absence of a party.

Family management conference required after compliance with Part 3

28   All parties to a family law matter claim must attend a family management conference after complying with Part 3 [Applying for Orders about Family Law Matters].

Who must attend family management conference

29   (1) All parties must attend the family management conference.

(2) A lawyer of each party may attend the family management conference with the party.

Family management conference may proceed

30   A family management conference may proceed without a party who

(a) does not file a reply, or

(b) does not attend.

Information presented in family management conferences

31   For the purposes of a family management conference, the parties may be required to provide the following for consideration by a judge:

(a) information provided in a family law matter claim, reply and reply to counterclaim, if any;

(b) information provided in a financial statement;

(c) evidence given orally on oath or affirmation;

(d) affidavit evidence;

(e) submissions offered by the parties or by the lawyers of the parties.

Intention to proceed — family management conferences

32   (1) A notice of intention to proceed must be filed in accordance with subsection (2) if

(a) a party has filed a family law matter claim,

(b) there is no final order in respect of the claim, and

(c) more than one year has passed since the parties have taken any action under these rules.

(2) If subsection (1) applies, before the parties may proceed,

(a) a party must file a notice of intention to proceed in Form B [Notice of Intention to Proceed] of Appendix C, serve it on the other party and file a certificate of service, and

(b) the parties must participate in a family management conference.

Division 2 — Scheduling the Family Management Conference

Scheduling family management conference if reply filed

33   If a family law matter claim and a reply have been filed, the registry must provide the parties with information about the procedure for scheduling the family management conference.

Scheduling family management conference if no reply filed

34   If a family law matter claim has been filed and a reply has not been filed and, based on the certificate of service, at least 21 days have passed since the family law matter claim was served, the registry must provide the party who filed the family law matter claim with information about the procedure for scheduling the family management conference.

Division 3 — Family Management Conference Proceedings

Directions to attend

35   At a family management conference, a judge may direct a party to do any of the following:

(a) attend consensual dispute resolution;

(b) attend a family case conference;

(c) return for another family management conference;

(d) attend a trial preparation conference;

(e) attend a hearing or trial.

Interim orders

36   At a family management conference, a judge may make one or more of the following interim orders:

(a) an allocation of parental responsibilities;

(b) an allocation of parenting time;

(c) contact with a child;

(d) child support;

(e) spousal support;

(f) guardianship of a child.

Consent orders

37   At a family management conference, a judge may make one or more of the following orders, including final orders, with consent of the parties:

(a) an allocation of parental responsibilities;

(b) an allocation of parenting time;

(c) contact with a child;

(d) child support;

(e) spousal support;

(f) guardianship of a child.

Completion of early resolution requirements

38   At a family management conference, a judge may make an order that a party complete the early resolution requirements under section 5 [early resolution requirements].

Conduct orders

39   At a family management conference, a judge may make any conduct order that may be made under Division 5 of Part 10 [Orders Respecting Conduct] of the Family Law Act, including the following:

(a) prohibiting a party from making an application respecting any matter over which a parenting coordinator has authority to act under an agreement or order, other than an application changing or setting aside a parenting coordinator determination, without permission of the judge, under section 223 [orders respecting case management] of the Family Law Act;

(b) requiring the parties to participate in family dispute resolution under section 224 (1) (a) [orders respecting dispute resolution, counselling and programs] of the Family Law Act;

(c) requiring the parties to attend counselling, specified services or programs, under section 224 (1) (b) of the Family Law Act;

(d) allocating or requiring one party to pay the fees related to the family dispute resolution, counselling, specified services or programs, if the party is ordered to attend, under section 224 (2) of the Family Law Act;

(e) setting restrictions or conditions respecting communication between parties, including respecting when or how communications may be made, under section 225 [orders restricting communications] of the Family Law Act, unless it would be more appropriate for a protection order to be made by a judge under Part 9 [Protection from Family Violence] of that Act;

(f) reporting to the court or to a person named by the judge at the time and in the manner specified, under section 227 [other orders respecting conduct] of the Family Law Act.

Preparing for subsequent hearing

40   The parties may be required to attend a family management conference to prepare for a hearing, even if Part 3 [Applying for Orders about Family Law Matters] does not apply to the parties, if one of the parties has requested one of the following orders:

(a) reviewing, enforcing, changing or setting aside a determination of a parenting coordinator;

(b) permitting or prohibiting the relocation of a child under section 69 [orders respecting relocation] of the Family Law Act;

(c) setting reasonable and necessarily incurred expenses under any of the following sections of the Family Law Act:

(i) section 61 [denial of parenting time or contact];

(ii) section 62 [when denial is not wrongful];

(iii) section 212 [orders respecting disclosure];

(iv) section 213 [enforcing orders respecting disclosure];

(v) section 228 [enforcing orders respecting conduct];

(vi) section 230 [enforcing orders generally].

Orders made in the absence of a party

41   (1) At the family management conference, a judge may make an order, including final orders, in the absence of a party.

(2) A judge may change, suspend or cancel an order made in the absence of a party, if

(a) there is a good reason for changing, suspending or cancelling the order, and

(b) that party applies within a reasonable time for the change, suspension or cancellation of the order using Form H [Application for Case Management Order] of Appendix C.

Part 5 — Case Management Orders

Case management orders — general

42   (1) One or more of the following case management orders may be made with or without application by a party:

(a) transferring the court file to another registry for one or more purposes;

(b) adding or removing a party to the proceeding;

(c) settling or correcting the terms of an order made under these rules;

(d) setting a specified period of time for the filing and exchanging of information, including a financial statement in Form D [Financial Statement] of Appendix C;

(e) correcting or amending a filed document, including the correction of a name or date of birth;

(f) requiring that a parentage test be taken under section 33 [parentage tests] of the Family Law Act;

(g) requiring that information be disclosed by a third party;

(h) adjourning a hearing or trial;

(i) requiring that a person who prepared a report under section 211 [orders respecting reports] of the Family Law Act attend a trial;

(j) respecting the conduct and management of a trial;

(k) allowing a person to attend a hearing or conference using electronic communication;

(l) shortening or extending a time limit set under these rules or a time limit set by an order or direction of a judge;

(m) allowing, waiving or modifying any service, delivery or notice requirement, including allowing an alternate method for the service of a document;

(n) requiring access to information in accordance with section 242 [orders respecting searchable information] of the Family Law Act;

(o) permitting any other means of proof instead of that required by these rules;

(p) waiving or varying any early resolution requirements;

(q) recognizing an extraprovincial order other than a support order;

(r) permitting a party to be exempt from a requirement under these rules.

(2) A party may apply for a case management order under subsection (1) by filing and serving the following on any other parties, at least 7 days before the date set for the hearing:

(a) an application for a case management order in Form H [Application for Case Management Order];

(b) any supporting evidence or documents.

Case management orders — without notice or appearance

43   (1) A party may request in Form I [Application for Case Management Order Without Notice or Appearance] of Appendix C the case management orders described in section 42 (1) (k) to (r) without an appearance or without notice to any other parties.

(2) The judge reviewing an application under this section for a case management order without notice or an appearance may do the following:

(a) grant the order without the attendance of the parties;

(b) give directions to obtain further information, including to require the parties to attend to speak to the matter;

(c) require that notice be given to any other parties;

(d) reject the application with reasons.

(3) If a case management order is made without notice under this section, the party who applied for the order must ensure that the other party is served the case management order that is made.

Part 6 — Applying for Other Orders

Division 1 — Protection Orders

Priority — protection orders

44   The application for an order about a protection order may be made before complying with the early resolution requirements described in section 5 [early resolution requirements] if a party is applying for both of the following:

(a) an order about a protection order;

(b) an order about a family law matter.

Applying for Family Law Act protection orders or to change or terminate protection orders

45   (1) To apply to a judge to obtain, or to change a term or condition of or to terminate, a protection order under Part 9 [Protection from Family Violence] of the Family Law Act, a person must file

(a) an application about a protection order in Form K [Application about a Protection Order] of Appendix C, and

(b) any supporting evidence or documents.

(2) A person applying for an order about a protection order under this Division must arrange for the service of the application and supporting documents at least 7 days before the date set for the hearing by arranging for an adult who is not a party to leave a copy of the application and the supporting documents with the party to be served, unless the application is made

(a) without notice, or

(b) with less than 7 days' notice.

(3) The adult who serves documents under subsection (2) is to complete a certificate of service in Form E [Certificate of Service] of Appendix C and provide it to the person applying for an order about a protection order.

Protection orders — without notice

46   (1) A person may, under section 45, apply to make the following application without notice to any party by completing Form I [Application for Case Management Order Without Notice or Appearance] of Appendix C:

(a) a protection order under section 183 [orders respecting protection] of the Family Law Act;

(b) to change a term or condition of or to terminate a protection order under section 187 [changing or terminating orders respecting protection] of the Family Law Act.

(2) If a judge determines that a party should be given notice of an application made under subsection (1), the judge may make directions regarding

(a) the date for the hearing,

(b) the amount of notice,

(c) how notice is to be given, and

(d) any other directions that the judge considers appropriate.

Evidence at protection order hearing

47   Evidence at a protection order hearing under section 46 may be given

(a) orally on oath or affirmation, or

(b) by affidavit.

Judge to make new protection order

48   If a judge changes an existing protection order, including an extension of the protection order, a judge must terminate the existing protection order and make a new protection order.

What happens if protection order is made or changed

49   If a judge makes or changes a protection order in accordance with this Division, a clerk must

(a) prepare the protection order unless the judge indicates otherwise,

(b) provide a copy of the protection order to the protection order registry,

(c) serve or provide a copy of the protection order on the party against whom the protection order was made or changed, as follows:

(i) if that party is present when the order is made or changed, provide the party with the protection order;

(ii) if that party is not present when the order is made or changed, arrange for the service of the protection order on that party within British Columbia;

(iii) if the registry is unable to arrange service under subparagraph (ii), notify the person who obtained the order and that person would subsequently be responsible for service, and

(d) provide a copy of the protection order to the person who made the application.

What happens if protection order is terminated

50   If a judge terminates a protection order, a clerk must

(a) prepare the termination order in Form L [Order Terminating a Protection Order] of Appendix C,

(b) advise the protection order registry about the termination of the protection order, and

(c) provide a copy of the termination order to all parties.

Form of orders

51   A protection order made under Part 9 [Protection from Family Violence] of the Family Law Act must be in Form 25 [Protection Order] of Appendix A of these rules and does not need to be signed by the parties or their lawyers.

No limitation on protection order applications

52   The expiry of a protection order or the change or termination of a protection order does not prevent a person from applying for subsequent protection orders.

Division 2 — Orders about Extraordinary Parenting Matters

Priority — extraordinary parenting matters

53   The application for an order about an extraordinary parenting matter may be made before complying with the early resolution requirements described in section 5 [early resolution requirements] if a party is applying for both of the following:

(a) an order about an extraordinary parenting matter;

(b) an order about a family law matter.

Applying for orders about extraordinary parenting matters

54   To apply to a judge to obtain, or to change a term or condition of or to terminate, an order about an extraordinary parenting matter, a person must file and serve

(a) the application for an order about an extraordinary parenting matter in Form M [Application about Extraordinary Parenting Matter] of Appendix C, and

(b) any supporting evidence or documents.

Notifying other person about order about extraordinary parenting matter

55   To apply to a judge for an order about an extraordinary parenting matter under this Division, a party must serve any other parties as follows:

(a) with the application and supporting documents at least 7 days before the date set for the hearing unless the application is made without notice or with less than 7 days' notice;

(b) if there is an address for delivery in the case on the court file for the party to be served,

(i) by leaving the documents at the party's address for delivery,

(ii) by mailing the documents by ordinary mail to the party's address for delivery,

(iii) if a party's address for delivery includes an email address, by emailing the documents to that email address, or

(iv) if a party's address for delivery includes a fax number, by faxing the documents to that fax number;

(c) if there is no address for delivery on the court file for the party to be served by arranging for an adult who is not a party to leave the documents with the party to be served, unless otherwise ordered.

Extraordinary parenting matters — without notice

56   (1) A person may, under section 54, apply to make an application for an order about an extraordinary parenting matter without notice to any party by completing Form I [Application for Case Management Order Without Notice or Appearance] of Appendix C.

(2) If a judge determines that a party should be given notice of an application made under section 54, the judge may make directions regarding

(a) the date for the hearing,

(b) the amount of notice,

(c) how notice is to be given, and

(d) any other directions that the judge considers appropriate.

Evidence presented at hearings for orders about extraordinary parenting matters

57   Evidence for a hearing with respect to the application for an order about an extraordinary parenting matter may be given

(a) orally on oath or affirmation, or

(b) by affidavit.

Division 3 — Orders about Relocation

Applying for orders about relocation

58   To apply for an order, under section 69 [orders respecting relocation] of the Family Law Act, prohibiting the relocation of a child, a person must file and serve

(a) an application for an order prohibiting the relocation of a child in Form O [Application for Order Prohibiting the Relocation of Child] of Appendix C, and

(b) a copy of the existing order or agreement and the notice of relocation described in section 66 [notice of relocation] of the Family Law Act.

Division 4 — Consent Orders

Applying for consent orders about family law matters without hearing

59   To apply for an order about a family law matter by consent without a hearing, the parties must file the following:

(a) an application for a consent order in Form N [Application for a Family Law Matter Consent Order] of Appendix C;

(b) a draft consent order in Form 20 [Consent Order] of Appendix A signed by the parties or their lawyers;

(c) any applicable additional documents, as described in section 17 [additional documents when applying for certain orders] of this Early Resolution and Case Management Model.

Consideration of consent order

60   In considering whether to make a consent order, a judge may do the following:

(a) give directions to obtain further information, including to require the parties to attend to speak to the matter;

(b) amend the draft consent order and require the parties to attend to review and sign the changes;

(c) reject the application with reasons.

Consent orders about guardianship

61   In addition to the material filed under section 59 [applying for consent orders about family law matters without hearing], a party who is applying for appointment as guardian of a child must also file an affidavit in Form 34 [Affidavit] of Appendix A with the following exhibits attached:

(a) a copy of a record check from the Ministry of Children and Family Development;

(b) a protection order record check from the protection order registry;

(c) a criminal record check.

Administrative matters for consent orders about guardianship

62   The following time periods apply to applications for consent orders under this Division:

(a) an affidavit under section 17 [additional documents when applying for certain orders] must be sworn no more than 7 days before the date that the material under that section is filed;

(b) the record checks described under section 61 must be dated within 60 days before the date that the material under section 59 is filed.

Applying for consent orders about case management

63   (1) The parties applying for a consent order about a case management order must file,

(a) if the parties wish to speak to the matter, an application for case management orders in Form H [Application for Case Management Order], or

(b) if the parties do not wish to speak to the matter,

(i) an application for case management orders without an appearance in Form H [Application for Case Management Order] of Appendix C, and

(ii) a draft consent order in Form 20 [Consent Order] of Appendix A signed by the parties or their lawyers.

(2) The judge considering an application for a consent case management order may do the following:

(a) give directions to obtain further information, including to require the parties to attend to speak to the matter;

(b) amend the draft consent order and require the parties to attend to review and sign the changes;

(c) reject the application with reasons.

General process for consent orders

64   (1) If an application is made for a consent order without the parties speaking to the matter, a clerk must place the application, draft consent order and supporting documents before a judge, who may

(a) approve and sign the consent order without the parties having to attend,

(b) require a party to file additional information, or

(c) direct that the parties, and any other person specified by the judge, attend before the judge to explain why the order should be made.

(2) If the judge gives a direction under subsection (1) (c), a clerk must notify the parties and any other person specified by the judge of the direction, including the date, time and place for the court appearance and any other information in the direction.

(3) If a consent order is made, a clerk must provide a filed copy of the consent order to the parties or their lawyers.

(4) Parties who have applied for a consent order and have had their application rejected must include a copy of the reasons for rejection with subsequent related applications for consent orders.

(5) The parties may apply for a consent order at any time while appearing before a judge by providing evidence as the judge may require.

Division 5 — Orders about Enforcement

Applying for orders about enforcement

65   To apply for an order about enforcement of any of the following, a party must, at least 7 days before the date set for the hearing, file and serve an application for enforcement in Form P [Application for Enforcement] of Appendix C, including a copy of the agreement, determination, or order to be enforced:

(a) enforcing a written agreement or order, including enforcement under the Family Maintenance Enforcement Act;

(b) reviewing, enforcing, changing or setting aside a determination of a parenting coordinator;

(c) setting reasonable and necessarily incurred expenses under any of the following sections of the Family Law Act:

(i) section 61 [denial of parenting time or contact];

(ii) section 212 [orders respecting disclosure];

(iii) section 213 [enforcing orders respecting disclosure];

(iv) section 228 [enforcing orders respecting conduct];

(v) section 230 [enforcing orders generally];

(d) in respect of extraordinary remedies under section 231 [extraordinary remedies] of the Family Law Act;

(e) determining whether or not arrears are owing under a support order made under the Family Law Act.

Contents | Rules 1 to 22 | Appendix A | Appendix B | Appendix C