By: Chandan K. Sabharwal, B.A., LL.B.
Barrister and Solicitor
Sabharwal Law Group
An application for custody, guardianship, access, child support, spousal support, and restraining Order can be made at the BC Provincial Court.
To start an action in the B.C. Provincial Court, an Application to Obtain an Order must be filed at the Registry. The filed application must be personally served to the other party by an adult who is not involved in the action. An Affidavit of Service must then be filed at the Court Registry to confirm that service has been effected.
Once served with an Application to Obtain an Order, the Responding party must file their Response within 30 days after service.
The responding party can also make their own application.
Both parties are required to comply with Rule 5 of the BC Provincial Court Rules, by:
- attending the Parenting After Separation Course; and
- by scheduling an appointment with the Family Justice Counsellor.
Once the Parenting After Separation Course has been completed the completion certificate must be filed with the Court and a Referral sheet received from the Family Justice Counsellor must be filed with the Court Registry.
The Court Registry will not provide a date for Court until such time that the Rule 5 requirements are completed.
Once the Rule 5 Requirements have been met, the Court Registry will issue a First Appearance Date.
Emergency applications can be made by way of a Notice of Motion prior to completion of the Rule 5 requirements, but the Court must be convinced that the emergency hearing is required.