Rule 1 (2) 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 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 (2) definition of "regional manager" BEFORE amended by BC Reg 99/2018, effective May 18, 2018.

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

 Rule 2 heading BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Rule 2  -  Making and Filing an Application
(for Specified Family Relations Act Orders)

 Rule 2 (1), (2), (3) and (5) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Applying to the court for an order

(1)  To apply to the court for any of the following orders under the Family Relations Act, a person must complete an application in Form 1 and file it, together with 3 copies of it, in a registry:

(a) child custody, access or guardianship;

(b) child, spousal or parental maintenance;

(c) a restraining order under section 37 of the Act or an order prohibiting interference with a child under section 38 of that Act.

Applying to change or cancel an existing order

(2)  To apply to the court for any of the following orders, a person must complete an application in Form 2 and file it, together with 3 copies of it, in the registry where the order or agreement is filed unless a judge permits otherwise under rule 19 (1) or rule 19 (5) or (6) applies:

(a) to change or cancel an order that was made or registered under the Family Relations Act;

(b) to cancel or reduce arrears under a maintenance order that was made or registered under the Family Relations Act;

(c) to change or cancel an agreement that was filed under the Family Relations Act.

[To file the application in another registry, see rule 19 concerning transfer of court files. Rule 19 (5) and (6) specifically concern transfer of files by the registry when the parties consent to the transfer or when only one of the parties resides in British Columbia and that party requests the transfer.]

Personal service of application, not by the applicant

(3)  Unless a judge grants permission to use a different method of service under rule 9 (7), an applicant under subrule (1) or (2) must have a filed copy of the application served personally on the respondent by a person, other than the applicant, who is at least 19 years of age.

Affidavit of service

(5)  If the respondent does not file a reply to the application in accordance with rule 3, the applicant must file with the registry an affidavit of personal service in Form 5.

[To apply for enforcement of a custody order or for recognition of a custody order or an access order, see rule 16. To apply for enforcement of a maintenance order under the Family Maintenance Enforcement Act, see rule 17. To make any other type of application, see rule 12.]

 Rule 2 (4) (a) to (c) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(a) a blank reply form (Form 3);

(b) a blank financial statement form (Form 4), if the applicant seeks an order for child, spousal or parental maintenance or for variation of child, spousal or parental maintenance;

(c) a filed copy of the applicant's financial statement and applicable documentation under rule 4 (2), if applicable.

 Rule 2 BEFORE amended by BC Reg 40/2013, effective March 18, 2013.

[To file the application in another registry, see rule 19 concerning transfer of court files. Rule 19 (5) and (6) specifically concerns transfer of files by the registry when the parties consent to the transfer or when only one of the parties resides in British Columbia and that party requests the transfer. If a person seeks an order or direction from a judge in relation to another order, an agreement or the determination of a parenting coordinator, see rule 12 (5).]

 Rule 2 (2) (c.1) was added by BC Reg 122/2014, effective June 23, 2014.

 Rule 3 heading BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Rule 3  -  Replying to the Application

 Rule 3 (1), (2), (4) and (5) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Filing the reply

(1)  A person named as a respondent in an application referred to in rule 2 must, within 30 days after being served with a copy of the application,

(a) complete a reply in Form 3, following the instructions on the form, and

(b) file that reply, together with 3 copies of it, in the registry where the application was filed, and

(c) if applicable, file with that reply the original and 3 copies of the respondent's financial statement and applicable documentation referred to in rule 4 (2) (b).

Respondent's options

(2)  The respondent may do one or more of the following in the reply:

(a) consent to one or more of the orders requested in the application;

(b) disagree with anything claimed in the application, stating the reasons for the disagreement;

(c) apply to the court for any of the following orders under the Family Relations Act:

(i)  child custody, access or guardianship;

(ii)  child or spousal maintenance;

(iii)  a restraining order under section 37 of the Act or an order prohibiting interference with a child under section 38 of that Act;

(d) apply to the court for an order

(i)  to change or cancel an order that was made or registered under the Family Relations Act,

(ii)  to cancel or reduce arrears under a maintenance order that was made or registered under that Act, or

(iii)  to change or cancel an agreement that was filed under that Act.

[To apply for enforcement of a custody order or for recognition of a custody order or an access order, see rule 16. To apply for enforcement of a maintenance order under the Family Maintenance Enforcement Act, see rule 17. To make any other type of application, see rule 12.]

How a reply is served on the applicant

(4)  Within 21 days after a reply is filed in a registry, the clerk must serve on the applicant a filed copy of the reply and any documents filed by the respondent under subrule (1) (c).

Applicant needs to respond if the reply includes a counterclaim

(5)  If the reply includes a counterclaim under subrule (2) (c) or (d), the applicant must, within 30 days after being served with a copy of the reply,

(a) complete a reply in Form 3, following the instructions on the form,

(b) file that reply, together with 3 copies of it, in the registry where the application under rule 2 was filed, and

(c) serve on the respondent a filed copy of that reply and, if applicable and only if the applicant has not already done so, serve with that reply a filed copy of the applicant's financial statement and applicable documentation referred to in rule 4 (2) (b).

 Rule 3 (2) BEFORE amended by BC Reg 40/2013, effective March 18, 2013.

[To apply for enforcement of an order or filed agreement for guardianship, parenting arrangements or contact with a child, see rule 12, or for recognition of an extraprovincial order, see rule 16. To apply for enforcement of a support order under the Family Maintenance Enforcement Act, see rule 17.]

 Rule 4 (1) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Persons who must provide financial information

(1)  Subrule (2) applies to the following persons:

(a) a person who applies, in Form 1 or 3, for a spousal or parental maintenance order or who is responding to such an application;

(b) a person who applies, in Form 2 or 3, for variation of a spousal or parental maintenance order or who is responding to such an application;

(c) a person who applies, in Form 1 or 3, for a child maintenance order and who is required under the Child Support Guidelines Regulation to provide income information;

(d) a person who is responding to an application for a child maintenance order;

(e) a person who applies, in Form 2 or 3, for variation of a child maintenance order and who is required under the Child Support Guidelines Regulation to provide income information;

(f) a person who is responding to an application for variation of a child maintenance order and who is required under the Child Support Guidelines Regulation to provide income information;

(g) a person who applies, in Form 2 or 3, for cancellation or reduction of arrears under a maintenance order.

 Rule 4 (2) (b) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(b) when filing the application or the reply, as the case may be, file with the registry the original and 3 copies of that financial statement and any applicable documentation described in Form 4 or required under the Child Support Guidelines Regulation.

 Rule 4 (3) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

If the parties agree on income and amount of child maintenance

(3)  Parties to an application for child maintenance or for variation of child maintenance are deemed to have complied with the documentation requirements of the Child Support Guidelines Regulation and the requirement to complete and file financial statements under subrule (2) in respect of that application if

(a) the parties have agreed on the amount of child maintenance to be paid and on the annual income of each party who would otherwise be required to provide income information under that regulation,

(b) the parties have signed a consent in Form 19 respecting that agreement, and

(c) the consent, together with a copy of the most recent income tax return of each party who would otherwise be required to provide income information under that regulation and a copy of that person's most recent income tax notice of assessment or reassessment, have been filed in the registry.

[If the parties wish to file an application for an order that the parties consent to, see rule 14.]

 Rule 5 (1) (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Application of this rule

(1)  Subject to the exceptions set out in subrule (2), this rule applies to proceedings begun by an application under rule 2 (1) or (2)^* if

 Rule 5 (2) (a) and (b) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(a) does not apply to the proceedings referred to in subrule (1) if the only applications in the matter concern maintenance and there has been an assignment of maintenance rights under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act, and

(b) ceases to apply to the proceedings referred to in subrule (1) if the court file for the proceedings is transferred under rule 19 to a registry that is not a family justice registry.

 Rule 5 (2) (c) was added by BC Reg 132/2012, effective March 18, 2013.

 Rule 5 (4) (a) and (d) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(a) a person designated by the Attorney General to provide specialized maintenance assistance;

(d) mediation with a private mediator;

 Rule 5 (5) (a) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(a) ask to appear before a judge on one or more issues in the case by filing in the registry a referral request in Form 6;

 Rule 5 (6) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Court action after referral to a family justice counsellor

(6)  On receiving a referral request in Form 6, the clerk must serve the parties with notice of the time and place at which they must attend before a judge.

 Rule 5 (7) (b) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(b) require the parties to attend, or continue their attendance with, one or more of the persons or programs referred to in subrule (4) (a) to (c) of this rule.

 Rule 5 (8) (a) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(a) a party applies to a judge for an order under section 37 or 38 of the Family Relations Act^**, or

 Rule 5 (8) italicized wording BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.

 Rule 5 (10) and (11) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

All other rules apply

(10)  All other rules apply to proceedings in a family justice registry but, if anything in another rule is considered to be in conflict with this rule, this rule prevails.

Persons exempt from meeting with family justice counsellors

(11)  A person representing the government, a ministry or public officer, if they are parties in the matter, need not but may meet with and attend with a family justice counsellor or persons or programs under subrules (3), (4) and (7) (b).

 Rule 5 (12) BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.

Transition

(12)  This rule applies only to proceedings described in subrule (1) in which the application is filed after November 30, 1998.

 Rule 5.01 was enacted by BC Reg 61/2019, effective May 13, 2019.

 Rule 5.1 (2) (part) and (3) (parts) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Application of this rule

(2)  Despite rules 2 (1) and (2), 3 (1) and (5), 4 (2), 13 (4), 16 (3) and 17 (4) and subject to this rule, if a registry is a fax filing pilot project registry, a registrar or clerk may accept any document in a filing that has been transmitted to the registry by fax, except the following:

When a fax filing may be refused

(3)  A registrar or clerk may refuse to accept a filing that is transmitted to a fax filing pilot project registry by fax for any one or more of the following reasons:

(c) the filing and the fax cover sheet exceed 20 pages in length and the registrar has not given leave;

(d) in the opinion of the registrar or clerk, the filing is illegible and cannot be used by the court;

 Rule 5.1 (1) BEFORE amended by BC Reg 68/2018, effective May 1, 2018.

 Rule 6 (1) (d) (ii) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(ii)  the financial statement and all applicable documentation filed by the respondent under rule 4 (2), if applicable.

 Rule 6 (3) (b), (i) and (j) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(b) make an interim order under section 9 of the Family Relations Act;

(i) with consent of the parties, refer the matter to private mediation;

(j) hear evidence and make an interim or final order for spousal or parental maintenance or for child custody, access, guardianship or maintenance;

 Rule (3) (c) (i) and (iii) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(i)  make an order requiring the party to file that financial information with the registry within a set time,

(iii)  make an interim order under section 9 of the Family Relations Act, and

 Rule 6 (4) (c) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(c) make an interim order under section 9 of the Family Relations Act;

 Rule 6 (5) (b) and (d) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(b) a person designated by the Attorney General to provide specialized maintenance assistance;

(d) mediation with a private mediator;

 Rule 6 (7) (a) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(a) ask to appear before a judge on one or more issues in the case by filing in the registry a referral request in Form 6;

 Rule 6 (10) (c), (d) and (g) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(c) for the purpose of making an order for child, spousal or parental maintenance, hear submissions on the respondent's probable income;

(d) make an interim order under section 9 of the Family Relations Act;

(g) if the respondent was served with a summons for the court appearance or was present in court when the date for the court appearance was set, issue a warrant in Form 8 for the arrest of the respondent.

 Rule 6 (11) (b) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(b) a justice cancels the warrant.

 Rule 6 (12) and (13) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

After respondent is arrested

(12)  A respondent who is arrested under a warrant must be brought before a justice as soon as practicable.

Release of respondent

(13)  The justice must release the respondent on giving the respondent a release in Form 9 requiring the respondent to appear in court on the date and at the time and place stated in the release.

 Rule 6 (15) (a) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(a) issue a warrant in Form 8 for the arrest of the respondent and order that the respondent be brought to a judge promptly on that arrest, or

 Rule 6, subrule 11, 12, 13 and 15 (a) BEFORE amended by BC Reg 122/2014, effective June 23, 2014.

 Rule 6 (15) (a) BEFORE amended by BC Reg 219/2015, effective November 26, 2015.

(a) issue a warrant for arrest in Form 8 for the arrest of the respondent and order that the respondent be brought to a justice promptly on that arrest, or

 Rule 6 (2) BEFORE amended by BC Reg 61/2019, effective May 13, 2019.

 Rule 7 (1) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Family case conferences for child custody, access and guardianship issues

(1)  If child custody, access or guardianship are contested, a judge may order the parties to attend a family case conference.

 Rule 7 (4) (c), (d) and (e) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

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

(d) if the regional manager has advised the court in writing that the person or program is readily available to the parties, refer the parties to a family justice counsellor or to a person designated by the Attorney General to provide specialized maintenance assistance;

(e) adjourn the case for purposes of mediation under paragraph (c) or a referral under paragraph (d);

 Rule 8 (4) (b) and (d) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(b) order a party to deliver to the other parties a written summary of the proposed evidence of a witness within a set time;

(d) order the parties to file with the registry a statement of agreed facts, within a set time;

 Rule 9 (1), (2), (3), (4), (5), and (10) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Serving documents

(1)  Subject to the exceptions set out in subrule (2), documents may be served by delivering the documents as follows:

(a) on a party, other than the Director of Maintenance Enforcement,

(i)  by leaving the documents with the party's lawyer or having a person who is at least 19 years of age, other than the serving party, leave the documents with the party to be served,

(ii)  by mailing the documents to the last address for service provided by that party under subrule (4) or (5), or

(iii)  if the address for service provided by that party includes a fax number, by transmitting the documents to that fax number together with a fax cover-page in Form 10;

(b) on the Director of Maintenance Enforcement, by mailing the documents to the post office box number provided by the director;

(c) on any other person, by leaving the documents with the person or by mailing the documents by double registered mail to that person's postal address.

When subrule (1) does not apply

(2)  Subrule (1) does not apply in the case of a summons, a subpoena, an application in Form 1, 2, 21 or 22 or a request in Form 23.

[Forms 1 and 2 concern applications for custody, access, guardianship, maintenance, restraining orders, orders prohibiting interference with a child and applications to change or cancel existing orders or agreements filed under the Family Relations Act. These forms must be served personally on the respondent (see rule 2 (3) to (5)).]

[Form 21 concerns applications to authorize peace officer enforcement of existing custody orders under section 36 of the Family Relations Act. These applications are brought without notice to other persons.]

[Form 22 concerns applications to recognize custody and access orders made by courts outside of British Columbia and these application forms must be served personally on the respondents (see rule 16 (4)).]

[Form 23 is related to enforcing existing maintenance orders and is a request to the court for issuance of a summons, warrant or garnishing order. These applications are generally made without notice to the person against whom the summons or warrant will be issued or against whom the order will be made.]

Service of summons

(3)  Unless a judge grants permission to use a different method of service under subrule (7), a summons (Form 7) issued under rule 6 (4) (e) or (10) (f) must be served on the respondent at least 3 days before the date of the hearing referred to in the summons as follows:

(a) a clerk may have it served on the respondent by mail or fax or personally by a peace officer or any adult other than the applicant;

(b) the applicant may have it served on the respondent personally by any adult other than the applicant.

Party must give address

(4)  Each time a party files a document with the registry, the party must provide in the document the party's current address for service.

Party must notify of change of address

(5)  If a party's address for service changes, the party must promptly file with the registry a notice of change of address in Form 11 and serve a copy of the notice on the other parties.

Proof of service

(10)  If an affidavit or certificate referred to in the following paragraphs is completed in accordance with the instructions on the applicable form and is filed in the registry, the affidavit or certificate is proof of service of the document to which the affidavit or certificate relates:

(a) in relation to a document served by mail or fax, an affidavit of service in Form 13;

(b) in relation to a document served personally by an individual other than a peace officer, an affidavit of personal service in Form 5;

(c) in relation to a document served personally by a peace officer, a certificate of service in Form 14.

 Rule 9 (1) (a) (iv) and (12) were added by BC Reg 132/2012, effective March 18, 2013.

 Rule 9 (2) (part) BEFORE amended by BC Reg 219/2015, effective November 26, 2015.

 Rule 9 (10) (b) BEFORE amended by BC Reg 219/2015, effective November 26, 2015.

(b) in relation to a document served personally by a person who is at least 19 years of age other than a peace officer, an affidavit of personal service in Form 5;

 Rule 9 (10) (b.1) was added by BC Reg 219/2015, effective November 26, 2015.

 Rule 10 (6) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(6)  A judge may issue a warrant in Form 8 for the arrest of a witness who does not appear in court as required by a subpoena if the judge is satisfied that

 Rule 10 (9) (b) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(b) order a sheriff or peace officer to detain the witness in custody until the witness' presence is no longer required.

 Rule 11 (1) (a) (i) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(i)  by filing with the registry a consent to the adjournment signed by all parties, or

 Rule 11 (1.1) and (1.2) were added by BC Reg 132/2012, effective March 18, 2013.

 Rule 11 (2) (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Permission required to call person who prepares court-ordered report

(2)  If a party wishes to call as a witness at trial the person who prepared a report ordered by a judge under section 15 of the Family Relations Act,

 Rule 11 (2) (a) (i) BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.

(i)  serve a copy of the report on each other party under section 15 (3) of that Act, and

 Rule 11 (9) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(9)  If the regional manager has advised the court in writing that specialized maintenance assistance is readily available to the court, a judge may at any time during a trial refer calculation of child maintenance to a person designated by the Attorney General to provide such assistance and require that the calculation be referred back to the judge.

 Rule 11 (1.1) and (1.2) were added by BC Reg 132/2012, effective March 18, 2013.

 Rule 12 (1) (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Applications to be made by notice of motion

(1)  If a person seeks an order or direction from a judge, the person must

 Rule 12 (1) (a) (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(a) file with the registry the original and 3 copies of

 Rule 12 (4) (b) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(b) make any order requested in the notice of motion if the judge thinks it is fair to do so in that party's or person's absence.

 Rule 12 (5) and (6) were added by BC Reg 132/2012, effective March 18, 2013.

 Rule 12 (1) (b) (ii) BEFORE amended by BC Reg 40/2013, effective March 18, 2013.

(ii)  if the order sought relates to the production of a record in the possession or control of a person who is not a party, on that person.

 Rule 12 (1) (b) (iii) was added by BC Reg 40/2013, effective March 18, 2013.

 Rule 12 (3) BEFORE amended by BC Reg 40/2013, effective March 18, 2013.

(3)  Evidence may be given in support of a motion

 Rule 13 (4) (a) and (b) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(a) the affidavit and 3 copies of it are filed with the registry, and

(b) a filed copy of the affidavit is delivered to each party at least 7 days before the date of the trial or hearing or such other period as the court may order under rule 20 (2).

 Rule 14 (1) and (2) (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Consent order

(1)  If at any time in the course of proceedings the parties wish to apply for an order that the parties consent to, the parties must file with the registry

(a) a request in Form 18,

(b) a consent in Form 19,

(c) a draft consent order in Form 20 containing the particulars of the order sought, and

(d) any affidavits in support of the order.

Judge may sign consent order or require parties to attend

(2)  A clerk must place the request, draft consent order and supporting documents before a judge who may

 Rule 14 (1.1) and (4) were added by BC Reg 132/2012, effective March 18, 2013.

 Rule 14 (1.1) BEFORE amended by BC Reg 40/2013, effective March 18, 2013.

Consent order without appearing in court

(1.1)  The parties may apply for an order by consent without appearing before a judge by filing all of the following:

(a) a request in Form 18;

(b) a consent in Form 19;

(c) a draft consent order in Form 20 containing the particulars of the order sought;

(d) one or more affidavits in support of the order.

[en. B.C. Reg. 132/2012, s.18 (a).]

 Rule 15 BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.

Rule 15  -  Paternity Tests

Definition

(1)  In this rule, "paternity tests" include human leukocyte antigen tissue tests and tests of the deoxyribonucleic acid (DNA) in tissue or blood to identify the inheritable characteristics of the tissue or blood.

Judge may order samples to be taken for paternity test

(2)  If the parentage of a child is denied in a proceeding for a maintenance order for the child, a judge may order putative parents and the child to have tissue or blood samples, or both, taken by a medical practitioner or other qualified person so that paternity tests can be done on the samples.

Order may include conditions

(3)  An order under subrule (2) may include any terms or conditions the judge thinks proper and may require a putative parent to pay all or part of the cost of the paternity tests.

Evidence of the test results

(4)  The results of paternity tests done under subrule (2) may be introduced as evidence.

Consequences of not complying

(5)  If a putative parent named in an order under subrule (2) fails to comply with the order, the judge may draw any inference from that failure that the judge considers appropriate.

Application by notice of motion

(6)  An application for an order under subrule (2) must be brought by notice of motion under rule 12.

 Rule 16 heading BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Rule 16  -  Applying for Enforcement of Custody Orders
or for Recognition of Custody and Access Orders

 Rule 16 (1) and (2) BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.

How to apply to enforce a custody order

(1)  To apply to the court under section 36 of the Family Relations Act for an order authorizing a peace officer to apprehend a child for the purposes of enforcing a custody order, a person must complete an application in Form 21 and file it in a registry, together with a certified copy of the custody order as proof of the order.

How an applicant is told about court appearance

(2)  A clerk will notify the applicant under subrule (1) of the date, time and place for the court appearance.

 Rule 16 (2.1) was added by BC Reg 132/2012, effective March 18, 2013.

 Rule 16 (3), (4) and (5) (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

How to apply for recognition of an extraprovincial custody order or access order

(3)  To apply to the court under section 48 of the Family Relations Act for an order recognizing a custody or access order made by an extraprovincial tribunal, a person must complete an application in Form 22 and file it in a registry, together with 3 copies of it and a certified copy of the custody or access order as proof of the order.

Personal service of application, not by the applicant

(4)  Unless a judge grants permission to use a different method of service under rule 9 (7), the applicant under subrule (3) must have a filed copy of the application served personally on the respondent by a person, other than the applicant, who is at least 19 years of age.

Other rules that apply

(5)  The following rules apply to proceedings begun by an application under subrule (1) or (3):

 Rule 16 (5) (g) BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.

(g) rule 15 [paternity tests];

 Rule 17 (1), (2) (part), (3) (part), (6) and (8) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Definition

(1)  In this rule, "applicant" includes

(a) a creditor or debtor as defined in the Family Maintenance Enforcement Act,

(b) the Director of Maintenance Enforcement, if the application relates to an order that is filed with the director, and

(c) anyone else who is entitled to bring or defend an application under that Act.

How to apply for a summons, warrant or garnishing order

(2)  To apply to the court for issuance of any of the following under the Family Maintenance Enforcement Act, an applicant must complete a request in Form 23:

How to apply for other orders

(3)  To apply to the court for any of the following under the Family Maintenance Enforcement Act, an applicant must complete a notice of motion in Form 24:

If a respondent served with a summons does not appear

(6)  If a respondent who is served with a summons issued under subrule (2) does not appear in court as required by the summons, the judge may issue a warrant in Form 8 for the arrest of the respondent.

Method of service on respondent

(8)  Unless a judge grants permission to use a different method of service under rule 9 (7), an applicant under subrule (3) must have a filed copy of the notice of motion and any accompanying documents served on the respondent by mail or fax or personally by any adult other than the applicant.

 Rule 17 (2) (c) and (e) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(c) a summons in Form 7A to a default hearing under section 19 of the Act;

(e) a summons in Form 7B to a committal hearing under section 23 (1) of the Act;

 Rule 17 (3) (a) and (n) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(a) an order for access to information under section 9 of the Act;

(n) an order that the Director of Maintenance Enforcement direct the Insurance Corporation of British Columbia to disregard a notice not to issue or renew the driver's licence of a debtor under section 29.2 (2) of the Act.

 Rule 17 (4) (a) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(a) the completed form, and

 Rule 17 (5) (a) and (b) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(a) a clerk may have them served on the respondent by mail or fax or personally by a peace officer or any adult other than the applicant;

(b) the applicant may have them served on the respondent by mail or fax or personally by any adult other than the applicant.

 Rule 18 (2), (4) (part) and (7) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Successful party prepares the order

(2)  Unless the judge orders otherwise, if the party in whose favour an order is made is represented by a lawyer, the party's lawyer must, as soon as practicable, prepare the order

(a) in Form 25, if the order is a restraining order made under section 37 of the Family Relations Act or section 46 of the Family Maintenance Enforcement Act, or

(b) in Form 26, in any other case.

Approving the form of the order

(4)  Unless a judge orders otherwise, an order that is prepared by a party's lawyer and is not made by consent under section 10 of the Family Relations Act must be signed as approved

Notice of order

(7)  Unless the judge orders otherwise, after an order is signed by the judge and filed with the court, a clerk must provide a filed copy of the order to the parties or their lawyers.

 Rule 18 (6) (a) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(a) it must be delivered to the registry to be signed by a judge, filed with the court and date stamped with the registry stamp, and

 Rule 18 (3.1) was added by BC Reg 132/2012, effective March 18, 2013.

 Rule 18 (4) (part) BEFORE amended by BC Reg 122/2014, effective June 23, 2014.

 Rule 18 (2) and (4) BEFORE amended by BC Reg 219/2015, effective November 26, 2015.

 Rule 18 (2.1) and (6.1) were added by BC Reg 219/2015, effective November 26, 2015.

 Rule 18.1 was enacted by BC Reg 40/2013, effective March 18, 2013.

 Rule 18.1 (1) (a) BEFORE amended by BC Reg 122/2014, effective June 23, 2014.

(a) file with the court the original and 3 copies of an affidavit in Form 34 that complies with subrule (4) and serve a copy of that filed affidavit on the other parties and on any other person who may be affected by the orders sought, and

 Rule 18.1 (4) (b) (ii) BEFORE amended by BC Reg 122/2014, effective June 23, 2014.

(ii) any records check, criminal records check or protection order records check attached as an exhibit to the affidavit must be dated not more than 60 days before the date on which the materials in support of the application are filed.

 Rule 19 heading BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Rule 19  -  Transfer of Files

 Rule 19 (1), (2), (4), (5) and (6)BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Judge may order transfer of files

(1)  On application by notice of motion to a judge under rule 12, the judge may order that a file be transferred to another registry.

Where to make the application

(2)  The transfer application must be made in the registry where the file is located or, if the application relates to an order or agreement referred to in rule 2 (2), the applicant must apply to a judge at the registry where the order or agreement is filed.

What the judge must consider

(4)  Before granting permission to transfer a file to another registry or to file an application at another registry, the judge must consider

(a) the balance of convenience, and

(b) any special circumstances that exist.

Transfer of file by consent

(5)  A clerk may transfer a file to another registry for the purposes of all or any part of the proceedings, if the parties

(a) complete a consent to the transfer in Form 27, and

(b) file the consent in the registry where the file is located.

Transfer of file without order or consent

(6)  A clerk may transfer a file to another registry, for the purposes of one application or for all purposes, if

(a) only one of the parties, other than the Director of Maintenance Enforcement, resides in British Columbia, and

(b) the party residing in British Columbia files with the registry a written request for the transfer.

 Rule 20 (4), (9), (10) and (12) BEFORE amended by BC Reg 132/2012, effective December 13, 2013.

Changing or cancelling orders made in the absence of a party

(4)  A judge may change or cancel an order made in the absence of a person, or made when the person failed to file a reply, if

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

(b) that person applies by notice of motion to a judge under rule 12 within a reasonable time and attaches to the application an affidavit containing

(i)  the reason the person did not file a reply or attend before the court when required,

(ii)  the reason for any delay if there has been delay in filing the application, and

(iii)  the facts that support the application.

Confidentiality of financial information

(9)  A person must not disclose any information contained in a record filed under rule 4 [financial information] except to the extent necessary for the purposes of an application under the Family Relations Act.

Who can search files

(10)  No one is entitled to search a registry file respecting an application under the Family Relations Act, an agreement filed under section 121 of that Act or an application under the Family Maintenance Enforcement Act except

(a) a party,

(b) a party's lawyer,

(c) a person who is named in the application as a respondent or who is named as a party to the agreement, as the case may be,

(d) a family justice counsellor, or

(e) a person authorized by a judge.

Filing an agreement for enforcement

(12)  A copy of a written agreement referred to in section 121 (2) of the Family Relations Act may be filed in a registry and, if the agreement was made before July 1, 1995, a consent of the parties, in Form 28, must be filed with the agreement.

 Rule 20 (14) BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.

Transition

(14)  For the purpose of proceedings commenced before December 1, 1998, the Provincial Court (Family) Rules, as they read before that date, apply.

 Rule 20 (15) was added by BC Reg 122/2014, effective June 23, 2014.

 Rule 21 (1) definition of "designated registry" BEFORE amended by BC Reg 270/2010, effective October 1, 2010.

"designated registry" means the following registries: Abbotsford, Chilliwack, Kamloops, Kelowna, Nanaimo, New Westminster, North Vancouver, Port Coquitlam, Prince George, Richmond, Surrey, Vancouver (Robson Square) and Victoria;

 Rule 21 (1) definition of "program" BEFORE amended by BC Reg 111/2012, effective July 1, 2012.

"program" means the Parenting after Separation Program operated by the Family Justice Services Division of the Ministry of Attorney General;

 Rule 21 (2), (4) (part), (5), (6) and (9) BEFORE amended by BC Reg 111/2012, effective July 1, 2012.

Purpose

(2)  The purpose of this rule is to promote the best interests of children by providing a program of information, the Parenting after Separation Program, to persons in dispute over issues respecting children.

[en. B.C. Reg. 102/2001, s. 3.]

Parties in some cases need not attend

(4)  None of the parties need attend the program if one of the parties files a request for the purpose of exemption in Form 31 and

A party who has already attended

(5)  A party need not attend the program if that party files a request for the purpose of exemption in Form 31 correctly stating that the party has attended and completed the program in the 24 months immediately preceding the date of filing the declaration.

[en. B.C. Reg. 102/2001, s. 3.]

A party who is unable to attend the program

(6)  A party is exempt from this rule if the party provides to the program administrator a request for the purpose of exemption in Form 31 that correctly states one of the following reasons:

(a) the party is not fluent in a language in which the program is offered;

(b) the party resides in a community where the program is not offered;

(c) the party is incapable of attending due to a serious medical condition.

[en. B.C. Reg. 102/2001, s. 3.]

Both parties must attend program before court appearance

(9)  If this rule applies, but subject to subrules (4), (5), (6) and (7), both the applicant and respondent must attend the program and must file in the registry a Certificate of Attendance on or before the date of the first court appearance.

[en. B.C. Reg. 102/2001, s. 3.]

 Rule 21 (3) (a) to (d) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(a) for child custody, access or guardianship;

(b) for child maintenance;

(c) to change or cancel an order for anything listed in paragraph (a) or (b);

(d) to change or cancel an agreement for child custody, access or guardianship or child maintenance that was filed under the Family Relations Act.

 Rule 21 (4) (c) and (d) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(c) the application is for child support only and a party has assigned child maintenance rights to the government under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act, or

(d) the application is made under the Interjurisdictional Support Orders Act.

 Rule 21 (4) (e) was added by BC Reg 132/2012, effective March 18, 2013.

 Rule 21 (7) (a) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

(a) a party has applied for an order under section 37 or 38 of the Family Relations Act, or

 Rule 21 (8) and (9) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

One party must attend program before date set

(8)  Subject to subrules (4), (5), (6) and (7), a date for a first court appearance will not be set until either the applicant or respondent files a Certificate of Attendance.

[en. B.C. Reg. 102/2001, s. 3; am. B.C. Reg. 132/2012, s. 7.]

Both parties must attend program before court appearance

(9)  If this rule applies, but subject to subrules (4), (5), (6) and (7), both the applicant and respondent must attend a program and must file a Certificate of Attendance on or before the date of the first court appearance.

[en. B.C. Reg. 102/2001, s. 3; am. B.C. Regs. 111/2012, s. 1 (e); 132/2012, s. 7.]

 Rule 21 (1) definition of "Certificate of Attendance" BEFORE amended by BC Reg 27/2013, effective March 18, 2013.

"Certificate of Attendance" means a certificate issued on behalf of the Ministry of Attorney General attesting that the person named has attended at a Parenting after Separation Program;

 Rule 21 (1) definition of "Certificate of Attendance" and "program" BEFORE amended by BC Reg 99/2018, effective May 18, 2018.

"Certificate of Attendance" means a certificate issued on behalf of the Ministry of Justice attesting that the person named has attended at a Parenting after Separation Program;

"program" means a Parenting after Separation Program operated by the Family Justice Services Division of the Ministry of Justice;

 Rule 21 (1) definition of "designated registry" BEFORE amended by BC Reg 61/2019, effective May 13, 2019.

"designated registry" means the following registries: Abbotsford, Campbell River, Chilliwack, Courtenay, Kamloops, Kelowna, Nanaimo, New Westminster, North Vancouver, Penticton, Port Coquitlam, Prince George, Richmond, Surrey, Vancouver (Robson Square), Vernon and Victoria;

 Rule 22 was enacted by BC Reg 132/2012, effective March 18, 2013.

 Rule 22 (3) (a) BEFORE amended by BC Reg 99/2018, effective May 18, 2018.

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

 Appendix A heading was added by BC Reg 61/2019, effective May 13, 2019.

 Form 1 BEFORE re-enacted by BC Reg 132/2012, effective March 18, 2013.

Form 1 (Rule 2 (1) )

APPLICATION TO OBTAIN AN ORDER

Court File No`. ..............................

Court Location ..............................

F.M.E.P. No. ..............................

In the Provincial Court of British Columbia

In the case between:

.....................................................................[name]......................................................................................

and

.....................................................................[name]......................................................................................

Filed by:

Name .................................................................................. Date of birth ........................... (APPLICANT)
Address for service....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................

Notice to:

Name ....................................................................................Date of birth ...................... (RESPONDENT)
Address for service ....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................

IMPORTANT NOTE TO RESPONDENT:
If this application contains a claim for maintenance, you are required to file financial information with your reply. If you do not, the court may attribute income to you and set the amount of maintenance to be paid. The applicant has estimated your gross annual income as set out in item3 below.

I am applying for:

[ ] custody [ ] guardianship [ ] access

[ ] maintenance for a child [ ] spousal maintenance [ ] parental maintenance

[ ] an order prohibiting the respondent from interfering with the child(ren) and/or ................................[name]...........................

[ ] an order restraining the respondent from harassing the child(ren) and/or ................................[name]...........................

[ ] other order (specify)
...............................................................................................................

1 — Orders and agreements

Are there any court orders or written agreements between the parties concerning separation, custody, access or maintenance?

[ ] No orders [ ] I am attaching copies of all other orders
[ ] No written agreements [ ] I am attaching copies of all other written agreements

2 — Children (complete if you are asking for custody, access, or child maintenance or a restraining order)

My relationship to the child(ren) is .............................................................................

The respondent's relationship to the child(ren) is .........................................................

The present custody arrangements for the child(ren) are: ..................................................
......................................................................................................................................................................

(If applying for access) I am asking for access to the child(ren) as follows: ..................................................
......................................................................................................................................................................

3 — Maintenance (complete if you are asking for child or spousal maintenance)

The current maintenance arrangements are:

......................................................................................................................................................................

I believe that the respondent's gross annual income is $................... because ..............................................
......................................................................................................................................................................
......................................................................................................................................................................

I am asking for: (complete only if you are asking for child maintenance)

[ ] maintenance in the amount set out in the Child Support Table for ..........[number]......... children

[ ] special or extraordinary expenses, as follows:
....................................................................................................................................
....................................................................................................................................

Information for Applicant and Respondent

If this application contains a claim for maintenance, you must complete Form 4, following the instructions on that form, if:

• there is a claim for spousal or parental maintenance, or

• there is a claim for child maintenance and one or more of the following applies:

• you are the person being asked to pay;

• the claim is for an amount other than the amount set out in the tables of the Child Support Guidelines;

• there is a claim of undue hardship;

• there is a claim for special or extraordinary expenses;

• the parents have split custody (that is, there are 2 or more children and each parent has sole custody of at least one child);

• the parents have shared custody (that is, each parent exercises access to or has physical custody of a child for not less than 40% of the time over the course of a year);

• one or more of the children for whom maintenance is claimed is of the age of majority (19 years in B.C.) or older;

• the person who is being asked to pay is not a biological or adoptive parent of the child but has acted as a parent to one or more of the children for whom maintenance is claimed.

You may also provide this financial information before receiving the respondent's reply, in order to avoid delay, if you believe that the income of a respondent from whom child maintenance is claimed is over $150 000 per year or that the respondent will claim undue hardship, special or extraordinary expenses or make a counterclaim for maintenance.

4 — Restraining Orders (complete if you are asking for a restraining order)

I am asking for an order prohibiting the respondent from interfering with or harassing the child(ren) and/or myself because .............................................................................................................................................

Note to respondent: If you fail to file a reply within 30 days of being served with this application you will not receive notice of any part of the proceeding and the court may make an order against you.

Dated ......[mmm/dd/yyyy]...... Signature ..................................................................

.........................................................................
Name of applicant's lawyer

 Form 2 BEFORE re-enacted by BC Reg 132/2012, effective March 18, 2013.

Form 2 (Rule 2 (2) )

[am. B.C. Reg. 159/2003, s. 4.]

APPLICATION TO CHANGE OR CANCEL AN ORDER

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

Court Location ..............................

F.M.E.P. No. ..............................

In the Provincial Court of British Columbia

In the case between:

.....................................................................[name]......................................................................................

and

.....................................................................[name]......................................................................................

Filed by:

Name .................................................................................. Date of birth ........................... (APPLICANT)
Address for service....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................

Notice to:

Name ....................................................................................Date of birth ...................... (RESPONDENT)
Address for service ....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................

and to:

IMPORTANT NOTE TO APPLICANT AND RESPONDENT:
If this claim involves an order for maintenance, you may be required to file financial information with your reply. If you do not, the court may attribute income to you and set the amount of maintenance to be paid.

[ ] I ask that the attached order¹ dated ......[mmm/dd/yyyy]...... be cancelled.

Or

[ ] I ask that the attached order¹ dated ......[mmm/dd/yyyy]...... be changed to the following:

Or

[ ] I ask that arrears of maintenance be cancelled or reduced as follows:

......................................................................................................................................................................

......................................................................................................................................................................

Since the order dated ......[mmm/dd/yyyy]...... was made, circumstances have changed as follows:

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

Notice to respondent:If you fail to file a reply within 30 days of being served with this application you will not receive notice of any part of the proceeding and the court may make an order against you.

Dated ......[mmm/dd/yyyy]...... Signature ..................................................................

.........................................................................
Name of applicant's lawyer

(*"Order" includes a written agreement filed under the Family Relations Act (section 121) )

 Form 2, new text was added after "[ ] I ask that the attached agreement dated ......[mmm/dd/yyyy]...... be replaced. Or" by BC Reg 122/2014, effective June 23, 2014.

 Form 3 BEFORE re-enacted by BC Reg 132/2012, effective March 18, 2013.

Form 3 (Rule 3 (1) and (5) )

REPLY

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

Court Location ..............................

F.M.E.P. No. ..............................

In the Provincial Court of British Columbia

In the case between:

.....................................................................[name]......................................................................................

and

.....................................................................[name]......................................................................................

To:

Name ................................................................................................................................... (APPLICANT)
Address for service....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................

From:

Name ............................................................................................................................... (RESPONDENT)
Address for service ....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................

IMPORTANT NOTE TO APPLICANT:
If the respondent's reply includes a claim for maintenance and you, the original applicant, do not file the required financial information with your reply, the court may attribute income to you and set the amount of maintenance to be paid. The respondent has estimated your gross annual income as set out in item2 below.

Agreement with application:

I agree with the request(s) of the applicant for:

[ ] custody [ ] guardianship [ ] access

[ ] maintenance for a child [ ] spousal maintenance [ ] parental maintenance

[ ] a change in or cancellation of an earlier order

[ ] other order (specify) ...................................................................................................

I wish to make the following comments regarding the request(s) even though I agree:
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................

Disagreement with application:

I disagree with the request(s) of the applicant for:

[ ] custody [ ] guardianship [ ] access

[ ] maintenance for a child [ ] spousal maintenance [ ] parental maintenance

[ ] a change in or cancellation of an earlier order

[ ] other order (specify) ...................................................................................................

I disagree because:
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................

Respondent's own application

I wish to make application for the following:

[ ] custody [ ] guardianship [ ] access

[ ] maintenance for a child [ ] spousal maintenance [ ] parental maintenance

[ ] a change in or cancellation of an earlier order

[ ] an order that arrears under the Family Relations Act be cancelled or reduced

[ ] other order (specify) ...................................................................................................

1 — Children(complete if you are asking for custody, access or child maintenance)

2 — Maintenance(complete if you are asking for child or spousal maintenance)

I believe that the applicant's gross annual income is $................... because..............................................
......................................................................................................................................................................
......................................................................................................................................................................

3 — Restraining Orders(complete if you are asking for a restraining order)

I am asking for an order prohibiting the applicant from interfering with or harassing the child(ren) and/or myself because .............................................................................................................................................

Dated ......[mmm/dd/yyyy]...... Signature ..................................................................

.........................................................................
Name of respondent's lawyer

 Form 4 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Form 4 (Rule 4)

[am. B.C. Reg. 159/2003, s.5.]

FINANCIAL STATEMENT

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

Court Location ..............................

F.M.E.P. No. ..............................

In the Provincial Court of British Columbia

In the case between:

.....................................................................[name]......................................................................................

and

.....................................................................[name]......................................................................................

I, ................................................................................[name].......................................................................,
Address for service....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................

swear or affirm that:

1 The information set out in this financial statement is true, to the best of my knowledge.

2 I have made complete disclosure in this financial statement of (check applicable boxes)

[ ] my income, including benefits and adjustments, if any, in Part 1,

[ ] my expenses, in Part 2,

[ ] my assets and debts, in Part 3.

3 [ ] I do not anticipate any significant changes in the information set out in this financial statement.

Or

[ ] I anticipate the following significant changes in the information set out in this financial statement: ............................................................................................................................................

..................................................................
A commissioner for taking affidavits
for British Columbia

For the purposes of this form:

"social assistance" includes assistance within the meaning of the Employment and Assistance Act and the Employment and Assistance for Persons with Disabilities Act;

"support" includes maintenance.

PART 1 INCOME

Complete Part 1 if:

(a) there is a claim, either by you or against you, for spousal or parental support, or

(b) there is a claim, either by you or against you, for child support and you are required by the Child Support Guidelines to provide income information.

1 I am

[ ] employed as ................................... [describe occupation] ....................................................

by ....................................... [name and address of employer] ...................................................

[ ] self-employed ...................... [name and address of business] ................................................

[ ] unemployed since ......[mmm/dd/yyyy]......

2 I am paid

[ ] every 2 weeks [ ] twice a month [ ] monthly

[ ] other (specify) .........................................................................................................................

3 I have attached a copy of each of the applicable documents to my financial statement [check applicable boxes]

[ ] every personal income tax return I have filed for each of the three most recent taxation years, together with any attachments

[ ] every income tax notice of assessment or reassessment I have received for each of the three most recent taxation years

[ ] (if you are an employee) my most recent statement of earnings indicating the total earnings paid in the year to date, including overtime, or where such a statement is not provided by my employer, a letter from my employer setting out that information, including my rate of annual salary or remuneration

[ ] (if you are receiving Employment Insurance benefits) my three most recent EIC benefit statements

[ ] (if you are receiving Workers' Compensation benefits) my three most recent WCB benefit statements

[ ] (if you are receiving Social Assistance) a statement confirming the amount that I receive

[ ] (if you are self-employed) for the three most recent taxation years

(i) the financial statements of my business or professional practice, other than a partnership, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom I do not deal at arm's length

[ ] (if you are a partner in a partnership) confirmation of my income and draw from, and capital in, the partnership for its three most recent taxation years

[ ] (if you control a corporation) for its three most recent taxation years

(i) the financial statements of the corporation and its subsidiaries, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation and every related corporation does not deal at arm's length, and

[ ] (if you are a beneficiary under a trust) the trust settlement agreement and the trust's three most recent financial statements.

ANNUAL INCOME

If line 150 (total income) of your most recent federal income tax return sets out what you expect your income to be for this year, skip to total income (line A) and record the amount from line150 on lineA. Otherwise, record what you expect your income for this year to be from each source of income that applies to you. Record gross annual amounts unless otherwise stated.

(*do not add these items into the total at A)

TOTAL BENEFITS

List all allowances and amounts received and all non-monetary benefits from all sources, that are not included in total income [lineA]. You do not have to include here any Child Tax Benefit or BC Family Bonus that you receive for your children.

ADJUSTMENTS TO INCOME

Complete this section if:

(a) there is a claim, either by you or against you, for spousal or parental support, or

(b) there is a claim, either by you or against you, for child support and you are required by the Child Support Guidelines to provide income information.

Deductions from Income:
1	Taxable amount of child support I receive		$___
2	Spousal support I receive from the other party		+ $___
3	Union and professional dues		+ $___
4	Other employment expenses (Refer toSchedule III of the Child Support Guidelines)		+ $___
5	Social assistance I receive for other members of my household and included in my total income.		+ $___
6	Dividends from taxable Canadian corporations
	(a) Taxable amount of dividends	a. $___
subtract (b) Actual amount of dividends		—b. $___
	Excess portion of dividends (a — b)	= $___	+ $___
7	Actual business investment losses during the year		+ $___
8	Carrying charges and interest expenses paid and deductible under the Income Tax Act (Canada)		+ $___
9	Prior period earnings
	(a) If net self-employment income included in total income includes an amount earned in a prior period, the amount earned in the prior period	a. $___
subtract (b) Reserves		—b. $___
	Prior period earnings (a — b)	= $___	+ $___
10	Portion of partnership and sole proprietorship income required to be reinvested		+ $___
C	Total deductions from income:		C= $___

Additions to Income:

1	Capital gains
	(a) Actual capital gains	a. $___
subtract(b) Actual capital losses		—b. $___
subtract(c) Taxable capital gains		—c. $___
	Total capital gains (a — b — c)	= $___	$___
(If amount is zero or less than zero, record "0" on this line)
2	Payments to family members and other non-arm's length persons
	(a) Salaries, benefits, wages or other payments to family members or other non-arm's length persons, deducted from self-employment income	a. $___
subtract(b) Portion of payments necessary to earn self-employment income		—b. $___
	Non arm's length payments (a—b)	= $___	+ $___
3	Allowable capital cost allowance for real property		+ $___
4	Employee stock options in Canadian-controlled private corporations exercised (If some or all of the shares are disposed of in the same year you exercise the option, do not include those shares in the calculation)
	(a) Value of shares when options are exercised		a. $___
subtract(b) Amount paid for shares		—b. $___
subtract(c) Amount paid to acquire option to purchase shares		—c. $___
	Value of employee stock options (a — b — c)	= $___	+ $___
D	Total additions to income:		D = $___
OTHER ADJUSTMENTS TO INCOME — Spousal or Parental Support Complete this section only if there is a claim, either by you or against you, for spousal or parental support.
1	Total child support I receive		$___
2	Social assistance I receive for other members of my household		+ $___
3	Child Tax Benefit		+ $___
4	BC Family Bonus		+ $___
E	Total other adjustments:		E = $___

INCOME SUMMARY

Annual Income for a Child Support Claim

PART 2 EXPENSES

You do not have to complete Part 2 if the only support claimed is child support in the amount set out in the Child Support Tables and all children for whom support is claimed are under the age of majority (19 years in B.C.)

ANNUAL EXPENSES

Estimate your annual expenses:

PART 3 ASSETS AND DEBTS

You do not have to complete Part 3 if the only support claimed is child support in the amount set out in the Child Support Tables and all children for whom support is claimed are under the age of majority (19 years in B.C.).

SCHEDULE 1 — SPECIAL OR EXTRAORDINARY EXPENSES

Complete if you claim special or extraordinary expenses as part of a child support claim.

Name of child:
Child care expenses	Gross Net* $....... $.......	Gross Net* $....... $.......	Gross Net* $....... $.......	Gross Net* $....... $.......
Medical/dental insurance premiums attributable to child	$.......	$.......	$.......	$.......
Health related expenses (over $100)	Gross Net* $....... $.......	Gross Net* $....... $.......	Gross Net* $....... $.......	Gross Net* $....... $.......
Extraordinary expenses for primary or secondary school	$.......	$.......	$.......	$.......
Post secondary education expenses	Gross Net* $....... $.......	Gross Net* $....... $.......	Gross Net* $....... $.......	Gross Net* $....... $.......
Extraordinary extracurricular expenses	$.......	$.......	$.......	$.......
Subtractcontributions from child	$.......	$.......	$.......	$.......
Total	$.......	$.......	$.......	$.......

*To calculate the net amount, subtract from the gross amount subsidies, benefits, income tax deductions
or credits related to the expense. Give details below.

SCHEDULE 2 — UNDUE HARDSHIP

Complete if you plead undue hardship in respect of a child support claim.

SCHEDULE 3 — INCOME OF OTHER PERSONS IN HOUSEHOLD

 Form 5.1 was added by BC Reg 219/2015, effective November 26, 2015.

 Form 6 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

[ ] attended with a private family mediator

 Form 7 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

............................................................ has applied for an order under the Family Relations Act or the Family Maintenance Enforcement Act. The application is attached.

 Form 8 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

To all peace officers in British Columbia:

This court orders you to arrest ......................................................[name]......................................................
.........................................................................[address]..............................................................................
and bring that person before a justice of the peace as soon as practicable.

 Form 8 (parts) BEFORE amended by BC Reg 219/2015, effective November 26, 2015.

This court orders you to arrest ......................................................[name]......................................................
.........................................................................[address]..............................................................................
and bring that person before a judge as soon as practicable.

 Form 11 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

I, .......................................[name]............................... wish to notify the court and the other parties that my address for service is now changed to:

Address ........................................................................................................................ City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................

The change is effective as of ......[mmm/dd/yyyy]......

If a party's address for service changes, the party must promptly file in the registry a notice of change of address and serve a copy of the notice on the other parties.

 Form 13 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

 Form 16 BEFORE re-enacted by BC Reg 132/2012, effective March 18, 2013.

Form 16 (Rule 12 (1) )

NOTICE OF MOTION

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

Court Location ..............................

F.M.E.P. No. ..............................

In the Provincial Court of British Columbia

In the case between:

.....................................................................[name]......................................................................................

and

.....................................................................[name]......................................................................................

Filed by:

Name ............................................................................................................................................................
Address for service....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................

Notice to:

Name ............................................................................................................................................................
Address for service ....................................................................................................... City ........................
Province .................... Postal Code ................................. Phone ................................... Fax ........................

I, ..........................[name of person making application]................, will apply to this court at ....................................[court location]................................... on ......[mmm/dd/yyyy]......at ..........[time]..........a.m./p.m. for:

[ ] Permission to file in the court registry at: ................................................................................

[ ] An order transferring this file to the court registry at: .............................................................

[ ] An interim order under section 9 of the Family Relations Act as set out below.

[ ] A trial preparation conference.

[ ] An order cancelling a subpoena.

[ ] An order for the person named to produce records, as set out below.

[ ] An order for blood or tissue samples for paternity tests to be taken from the person named below.

[ ] Permission to use another service method, as set out below.

[ ] An order for service of .............................[name of document]............................... by a peace officer.

[ ] An order shortening or extending a "time limit", as set out below.

[ ] Directions on a procedural matter, as set out below.

[ ] An order for access to information under section 40 or 100 of the Family Relations Act.

[ ] An order settling the terms of an order.

[ ] An order changing as set out below, or cancelling, the attached order made in my absence.

[ ] Other order, as set out below.

Details of order(s) requested: ........................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

[ ] Any affidavits in support of this notice of motion are attached.

.........................................................................
Name lawyer of party bringing the motion

 Form 18 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Form 18 (Rule 14 (1) (a) )

 Form 19 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Form 19 (Rules 4 (3) and 14 (1) (b) )

 Form 20 (parts) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Form 20 (Rule 14 (1) (c) )

(For custody, access, guardianship and child maintenance orders, include the following):

(if applicable) THIS COURT ORDERS THAT:
(specify terms of custody, access and guardianship orders).

(For child maintenance orders, include the following):

(For child maintenance orders in the child support table amount include the following):

THIS COURT ORDERS THAT:
pursuant to the Family Relations Act and the .........[province]........ Child Support Table, ............[name]..................... (payor) must pay to .................[name].................. (recipient) the sum of $.................... per month for the support of the child(ren) ....................................[name(s) and birthdate(s) of child(ren)]............................., payable on the .............. day of each month, commencing ......[mmm/dd/yyyy]...... and continuing for so long as the child is a child as defined in the Family Relations Act.

(For child maintenance orders in other amounts)

 Form 20, new text was added before "(if applicable) THIS COURT ORDERS THAT: (specify terms of orders for guardianship, parenting arrangements or contact with a child)." by BC Reg 122/2014, effective June 23, 2014.

 Form 21 BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.

Form 21 (Rule 16 (1) )

APPLICATION TO ENFORCE A CUSTODY ORDER

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

Court Location ..............................

In the Provincial Court of British Columbia

In the case between:

.....................................................................[name]......................................................................................

and

.....................................................................[name]......................................................................................

Filed by:

Name ................................................................................................................................... (APPLICANT)
Address ..................................................................................................... City ...........................................
Province .................... Postal Code ................................. Phone ................................... Fax ........................

Notice to:

Name ............................................................................................................................... (RESPONDENT)
Address ..................................................................................................... City ...........................................
Province .................... Postal Code ................................. Phone ................................... Fax ........................

I ask for the following:

[ ] permission to have this application heard without giving notice to the other party.

[ ] that the following child(ren) be apprehended by a peace officer and brought to me. A certified copy of the order awarding me custody is attached:

Below is a summary of the important facts:

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

 Form 22 BEFORE re-enacted by BC Reg 132/2012, effective March 18, 2013.

Form 22 (Rule 16 (3) )

APPLICATION TO RECOGNIZE A CUSTODY OR ACCESS ORDER
MADE BY AN EXTRAPROVINCIAL TRIBUNAL

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

Court Location ..............................

In the Provincial Court of British Columbia

In the case between:

.....................................................................[name]......................................................................................

and

.....................................................................[name]......................................................................................

Filed by:

Name .............................................................................................................. (APPLICANT/CREDITOR)
Address ..................................................................................................... City ...........................................
Province .................... Postal Code ................................. Phone ................................... Fax ........................

Notice to:

Name .............................................................................................................. (RESPONDENT/DEBTOR)
Address ..................................................................................................... City ...........................................
Province .................... Postal Code ................................. Phone ................................... Fax ........................

An order was made on ......[mmm/dd/yyyy]...... at ...............................[Court location].....................................

I ask for the following:

[ ] recognition of a custody order made outside British Columbia. A certified copy of the custody order is attached.

[ ] recognition of an access order made outside British Columbia. A certified copy of the access order is attached.

 Form 23 (part) BEFORE amended by BC Reg 132/2012 effective March 18, 2013.

(*"Order" includes a written agreement filed under the Family Relations Act (section 121) )

 Form 24 BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

[ ] an order that the Director of Maintenance Enforcement direct the Insurance Corporation of British Columbia to disregard a notice not to issue or renew the driver's licence of a debtor under section 29.2 (2) of the Family Maintenance Enforcement Act.

Notice to respondent: If you do not appear, the Court may make an order in your absence.

 Form 25 BEFORE re-enacted by BC Reg 132/2013, effective March 18, 2013.

Form 25 (Rule 18 (2) (a) )

RESTRAINING ORDER

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

Court Location ..............................

In the Provincial Court of British Columbia

In the case between:

.....................................................................[name]......................................................................................

and

.....................................................................[name]......................................................................................

[ ] Interim Order [ ] Final Order [ ] By Consent [ ] Without notice to others (ex parte)

(if applicable) [ ] After a hearing at .............[court location].............. the order dated ......[mmm/dd/yyyy]...... is changed as stated below;

THIS COURT ORDERS THAT:
...............................[name(s) of party(s)]............................ .........[mmm/dd/yyyy]........ is prohibited from entering any premises occupied by ................[name of party].................... or other person

or making contact with or interfering with any of them, until further order of this court.

THIS COURT FURTHER ORDERS THAT:
...............................[name(s) of party(s)]............................

[ ] pursuant to [ ] s. 37 (a) F.R.A. or [ ] s. 46 (a) F.M.E.A, is prohibited from molesting, annoying, harassing or communicating with either ..............................................[name of party]......................................... or the child(ren) named above, or attempting to molest, annoy, harass or communicate with any of them;

[ ] pursuant to s. 38 (1) (a) F.R.A., is prohibited from entering a premises where the child(ren) named above reside from time to time;

[ ] pursuant to s. 38 (1) (b) F.R.A., is prohibited from making contact or endeavoring to make contact with or otherwise interfering with either the child(ren) named above or .............................................[name of party]......................................... .

Further details of restraining order:

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

(complete if applicable) [ ] Order to expire on ......[mmm/dd/yyyy]......

TAKE NOTICE THAT:

 Form 25.1 was enacted by BC Reg 132/2012, effective March 18, 2013.

 Form 26 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Form 26 (Rule 18 (2) (b) )

[ ] Interim Order [ ] Final Order [ ] By Consent [ ] Without notice to others (ex parte)

 Form 27 (part) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

Dated .......[mmm/dd/yyyy]...... Signature of party......................................................

Address ..................................................................................................... City ...........................................
Province .................... Postal Code ................................. Phone ................................... Fax ........................

Dated ......[mmm/dd/yyyy]...... Signature of party......................................................

Address ..................................................................................................... City ...........................................
Province .................... Postal Code ................................. Phone ................................... Fax ........................

 Form 28 BEFORE repealed by BC Reg 132/2012, effective March 18, 2013.

Form 28 (Rule 20 (12) )

CONSENT TO FILE AGREEMENT

In the Provincial Court of British Columbia

I, .................................................................................................................................................................., consent to the filing of the attached agreement in the Provincial Court of British Columbia and to the enforcement of all the provisions contained in the agreement for

.........................................................................
A commissioner for taking affidavits
for British Columbia

 Form 31 after "Parenting after Separation Program Notice of Requirement and Exemption Form" under "For Applicants" and "For Respondents" BEFORE amended by BC Reg 270/2010, effective October 1, 2010.

For Applicants. If you are:

the court requires you to attend a Parenting after Separation (PAS) session before you appear in court.

For Respondents. If you are named as the other party (respondent):

 Form 31, sections 6, 7 and 8 BEFORE amended by BC Reg 111/2012, effective July 1, 2012.

 Form 31, new text was added before "[ ] approved - ..............................................[Name of person applying for exemption].............................. is exempted from the requirement to attend a PAS session." by BC Reg 111/2012, effective July 1, 2012.

 Form 31 (parts) BEFORE amended by BC Reg 132/2012, effective March 18, 2013.

For Applicants. If you are:

 Form 31, section 5.1 was added by BC Reg 132/2012, effective March 18, 2013.

 Form 31, sections 6 and 7 BEFORE amended by BC Reg 122/2014, effective June 23, 2014.

 Form 31, new text was added under the heading "FOR USE OF PROGRAM ADMINISTRATOR (PA) ONLY" by BC Reg 122/2014, effective June 23, 2014.

 Form 32 BEFORE re-enacted by BC Reg 111/2012, effective July 1, 2012.

Form 32 (Rule 5.1)

[en. B.C. Reg. 9/2003, s. 2.]

FAX COVER SHEET

Canada: Province of British Columbia
Ministry of Attorney General
Court Services Branch

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

This is a pilot project, not available at all Court locations, and is subject to limitations set out in Court Rules, Practice Directives and at the Court Services website at www.ag.gov.bc.ca/courts/fax/fax.htm.

It is the responsibility of the person transmitting a document 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 in the registry.

Documents transmitted to the registry 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.

Court Services Branch may use your contact information for the purposes of
conducting an evaluation of the fax service.

 Form 32 BEFORE amended by BC Reg 99/2018, effective May 18, 2018.

 Form 33 was enacted by BC Reg 132/2012, effective March 18, 2013.

 Form 34 was enacted by BC Reg 40/2013, effective March 18, 2013.

 Appendix B was enacted by BC Reg 61/2019, effective May 13, 2019.