Court Actions Lawyers in Vancouver
To obtain any family order, including a divorce order, an action must be started in court. There are two levels of court relevant to family law: the Provincial Family Court and the Supreme Court of British Columbia.
BC Court Actions
Provincial Family Courts have limited jurisdiction and can only deal with issues concerning children, support, and protection orders. The Supreme Court of British Columbia has jurisdiction to deal with all issues arising from separation, including but not limited to property division, children, support, protection orders, and divorce.
Once a court action is commenced, there are routine steps and processes with strict timelines that apply to both parties. For example, the person who is served with the Notice of Family Claim in the Supreme Court must file his or her response within 30 days, failing which, a default judgment can be awarded to the claimant.
All family actions require the parties to attend at least one mandatory meeting before a judge or master of court along with their lawyers (if any) to try to resolve as many issues by agreement as possible. These meetings are private, confidential, and without prejudice.
Parties involved in family actions have obligations to ensure that all relevant information is provided to the court for a fair resolution. There are processes in family actions that parties may rely on to enforce disclosure obligations if a party is non-compliant.
If a matter proceeds to trial or summary trial, the judge will hear the evidence, the law, and arguments produced by each party, and determine the outcome of the issues. If a party is not happy with the outcome, he or she may consider appealing the decision.