Table of Contents - Provincial Court (Family) Rules

B.C. Reg. 417/98
O.C. 1444/98

Deposited November 25, 1998
effective December 1, 1998

This archived regulation consolidation is current to May 8, 2010 and includes changes enacted and in force by that date. For the most current information, click here.

Court Rules Act

Provincial Court (Family) Rules

[includes amendments up to B.C. Reg. 52/2007, April 2, 2007]

Contents
Rule 1 — Purpose and Interpretation
	(1)	Purpose
	(2)	Definitions
	(3)	Reference aids
Rule 2 — Making and Filing an Application (for Specified Family Relations Act Orders)
	(1)	Applying to the court for an order
	(2)	Applying to change or cancel an existing order
	(3)	Personal service of application, not by the applicant
	(4)	Documents to be included with the application
	(5)	Affidavit of service
Rule 3 — Replying to the Application
	(1)	Filing the reply
	(2)	Respondent's options
	(3)	No notice of hearing if no reply
	(4)	How a reply is served on the applicant
	(5)	Applicant needs to respond if the reply includes a counterclaim
Rule 4 — Provision of Financial Information
	(1)	Persons who must provide financial information
	(2)	Requirement to file financial information with the registry
	(3)	If the parties agree on income and amount of child maintenance
Rule 5 — Procedures in Family Justice Registries
	(1)	Application of this rule
	(2)	Rule does not apply
	(3)	First referral by a clerk
	(4)	Options for parties
	(5)	Subsequent referral to a judge
	(6)	Court action after referral to a family justice counsellor
	(7)	What the judge may do
	(8)	Urgent and special circumstances
	(9)	If a respondent fails to file a reply or appear in court
	(10)	All other rules apply
	(11)	Persons exempt from meeting with family justice counsellors
	(12)	Transition
Rule 5.1 — Procedures in Fax Filing Pilot Project Registries
	(1)	Definition
	(2)	Application of this rule
	(3)	When a fax filing may be refused
	(4)	When a fax filing is filed
	(5)	When a fax filing is considered to be filed
	(6)	Original of fax filing may be required by judge
Rule 6 — First and Subsequent Appearances in Court
	(1)	Notice to parties of first appearance
	(2)	Subrule (1) does not apply
	(3)	Options for the judge
	(4)	If the respondent fails to file reply
	(5)	Adjournment to enable parties to attend services, programs or agencies
	(6)	Adjournment only if services available
	(7)	If parties attend a service, program or agency
	(8)	Court action after parties attend service, program or agency
	(9)	What the judge may do
	(10)	If a respondent does not appear in court
	(11)	How long a warrant is in force
	(12)	After respondent is arrested
	(13)	Release of respondent
	(14)	Notice to applicant of appearance
	(15)	If respondent does not comply with release
Rule 7 — Family Case Conference
	(1)	Family case conferences for child custody, access and guardianship issues
	(2)	Who must attend the family case conference
	(3)	Other persons may attend with court's permission
	(4)	What happens at the family case conference
	(5)	Judge may make order on failure to attend
Rule 8 — Trial Preparation Conference
	(1)	Trial preparation conference
	(2)	Who must attend the trial preparation conference
	(3)	Absent parties must be available and accessible by telephone or other means
	(4)	What happens at the trial preparation conference
Rule 9 — Other Rules about Service and Proving Service
	(1)	Serving documents
	(2)	When subrule (1) does not apply
	(3)	Service of summons
	(4)	Party must give address
	(5)	Party must notify of change of address
	(6)	When service by mail is effected
	(7)	Alternatives to personal service
	(8)	If different method of service is permitted
	(9)	Notice by advertisement
	(10)	Proof of service
	(11)	Admissibility of other evidence of service
Rule 10 — Witnesses
	(1)	How to subpoena a witness
	(2)	Travelling expenses
	(3)	What a witness must do
	(4)	Subpoena may be cancelled
	(5)	If a subpoena is cancelled
	(6)	If a witness does not obey a subpoena
	(7)	How long a warrant for arrest of witness is in force
	(8)	After a witness is arrested
	(9)	What the judge may do when the witness appears
Rule 11 — Trial Date and Evidence
	(1)	Changing the trial date
	(2)	Permission required to call person who prepares court-ordered report
	(3)	Summary of expert's evidence required in advance
	(4)	Expert's report required in advance
	(5)	Expert's qualifications
	(6)	Proof of signature not required
	(7)	Expert may be called for cross-examination
	(8)	Cost of calling expert
	(9)	Judge may refer calculation of child maintenance
Rule 12 — Applying by Notice of Motion for Orders or Directions
	(1)	Applications to be made by notice of motion
	(2)	When service of the notice is not required
	(3)	Affidavit evidence may be used to support motion
	(4)	If someone does not appear in court
Rule 13 — Affidavits
	(1)	What form to use
	(2)	Exhibits
	(3)	Affidavit evidence at trial or hearing
	(4)	Affidavit must be filed and served
	(5)	Permission to use defective affidavit
Rule 14 — Consent Orders
	(1)	Consent order
	(2)	Judge may sign consent order or require parties to attend
	(3)	Notice of appearance if parties required to attend
Rule 15 — Paternity Tests
	(1)	Definition
	(2)	Judge may order samples to be taken for paternity test
	(3)	Order may include conditions
	(4)	Evidence of the test results
	(5)	Consequences of not complying
	(6)	Application by notice of motion
Rule 16 — Applying for Enforcement of Custody Orders or for Recognition of Custody and Access Orders
	(1)	How to apply to enforce a custody order
	(2)	How an applicant is told about court appearance
	(3)	How to apply for recognition of an extraprovincial custody order or access order
	(4)	Personal service of application, not by the applicant
	(5)	Other rules that apply
Rule 17 — Applying for Enforcement of Maintenance Orders under the Family Maintenance Enforcement Act
	(1)	Definition
	(2)	How to apply for a summons, warrant or garnishing order
	(3)	How to apply for other orders
	(4)	Filing the form
	(5)	Service of summons
	(6)	If a respondent served with a summons does not appear
	(7)	If a warrant for arrest is issued
	(8)	Method of service on respondent
	(9)	Other rules about applications under subrule (3)
Rule 18 — Orders
	(1)	Effective date of order
	(2)	Successful party prepares the order
	(3)	Clerk prepares the order for unrepresented party
	(4)	Approving the form of the order
	(5)	Settling the order
	(6)	Delivering the order to the registry
	(7)	Notice of order
	(8)	Correcting the order
Rule 19 — Transfer of Files
	(1)	Judge may order transfer of files
	(2)	Where to make the application
	(3)	Permission may be for one application or all purposes
	(4)	What the judge must consider
	(5)	Transfer of file by consent
	(6)	Transfer of file without order or consent
Rule 20 — General
	(1)	Judge may adjourn trial or hearing
	(2)	Judge may waive or vary rules
	(3)	Order may be made without notice
	(4)	Changing or cancelling orders made in the absence of a party
	(5)	Notice of proceedings and adding parties
	(6)	Judge may order production of records
	(7)	Copies permissible instead of originals
	(8)	Judge may give directions
	(9)	Confidentiality of financial information
	(10)	Who can search files
	(11)	If an applicant or respondent does not comply with the rules
	(12)	Filing an agreement for enforcement
	(13)	Practice directions
	(14)	Transition
Rule 21 — Parenting after Separation Program
	(1)	Definitions
	(2)	Purpose
	(3)	This rule applies in designated registries
	(4)	Parties in some cases need not attend
	(5)	A party who has already attended
	(6)	A party who is unable to attend the program
	(7)	Judge may grant exemption or deferral
	(8)	One party must attend program before date set
	(9)	Both parties must attend program before court appearance
Forms