STEP 1A: File an Application about a family law matter

Application about a family law matter: For Early Resolution Registries, you must complete all the steps (unless you are exempt) before you can file an Application about a family law matter (Form 3). For the Family Justice and Parenting Education Program Registries, you will start your case by filing or replying to an Application about a family law matter and then complete any required early resolution steps. We discussed in the last chapter how to write court forms, be sure to review that before starting your application. Be sure to read and follow the instructions on the forms. Provide all the information required in the forms to the best of your knowledge.  You will only need to fill out the parts of the form that apply to you. For instance, if you don’t have children you won’t be filling out the sections relating to children.

If you are applying for an order relating to child support, you may need to file a Financial Statement (the form will tell you if you do). If you are applying for spousal support or special expenses, you will need to complete a Financial Statement (Form 4). File the original and make 3 copies of that financial statement and any additional required documentation. For more information about when and how to complete and file a Financial Statement, see the Family Law Website's "Complete a Provincial Court Financial Statement".

STEP 1B: File a Reply and Counterclaim 

You must file a Reply in Form F6 within 30 days of receiving the application. If you do not reply, you will not receive notice of further court proceedings and orders can be made without you being there. If you want to ask the court to make different orders than the ones the other party has applied for, fill out the Counterclaim section of the Reply.

Serving Documents in Provincial Court 

The court has very specific rules on how to give (serve) documents to the other side. Judges are very concerned about service being properly done. If you fail to serve according to the rules, the judge will deny your application until you have done so. Refer back to Chapter 8 for more on Serving Documents.