Getting initial-orders-for-custody-guardianship-access-and-support-flow-chart-eng
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Provincial (Family) Court: Getting Parenting and Support Orders 604-408-2172 (Greater Vancouver) 1-866-577-2525 (call no charge outside Greater Vancouver) www.legalaid.bc.ca Legal Aid NO to ALL NO YES NO YES YES YES NO NO NO NO YES YES to ANY NO NO YES YES YES NO For more information, see the Family Law in BC website at www.familylaw.lss.bc.ca. Start/Finish Step Decision Preparation Before you begin Complete and serve initial forms Respond to other party Appearance and trial Legend Attend Parenting After Separation course Is Parenting After Separation course mandatory? Did other party file a counterclaim? Meet with a family justice counsellor Receive first appearance date Complete and file Affidavit of Personal Service (Form 5) Is your court designated as a Family Justice Registry? Request first appearance date Did other party reply? Complete and file Reply (Form 3) within 30 days Attend trial preparation conference Attend family case conference Was a family case conference requested or ordered? Was a trial preparation conference ordered? Prepare for family case conference Attend first appearance ** Attend trial Prepare for trial Get order *** *** If your order involves child or spousal support, you may want to register it with the Family Maintenance Enforcement Program. ** At the first appearance the judge may: • order the parties to give documents to each other and the court, • make an interim (temporary) order, • refer you to mediation (with the consent of both parties), or • adjourn your case. Identify the issues: Parenting and/or child/spousal support Get legal advice. Call legal aid to find out if you qualify for a free lawyer. Can you reach an agreemant without going to court? File written agreements or get consent orders Work with lawyers and/or mediators and/or a family justice counsellor to reach agreement Get paperwork and evidence together * To serve a document means to give it to the other party following the rules of the court. This means having someone else 19 years of age or older (such as a friend or a professional process server) personally give the document to the other party for you. Complete the Application to Get an Order (Form 1) Complete and swear/affirm Financial Statement (Form 4) File forms at Family Court Registry Are you applying for child support? Serve (give) * documents to other party Are you applying for spousal support? Are you applying for special expenses? Are you or other party claiming undue hardship? March 2013
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Transcript of Getting initial-orders-for-custody-guardianship-access-and-support-flow-chart-eng
Provincial (Family) Court: Getting Parenting and Support Orders
604-408-2172 (Greater Vancouver)1-866-577-2525(call no charge outside Greater Vancouver)
www.legalaid.bc.ca
Legal Aid
NO to ALL
NO
YES
NO
YES
YES
YES
NO
NO
NO
NO
YES
YES to ANY
NO
NO
YES
YESYES
NO
For more information, see the Family Law in BC website at www.familylaw.lss.bc.ca.
Start/Finish Step Decision Preparation Before you beginCompleteand serve
initial forms
Respond to other party
Appearanceand trial
Legend
Attend ParentingAfter Separation
course
Is Parenting AfterSeparation course
mandatory?
Did other party file a
counterclaim?
Meet with a familyjustice counsellor
Receive firstappearance date
Complete and fileAffidavit of
Personal Service(Form 5)
Is your courtdesignated as aFamily Justice
Registry?
Request firstappearance
date
Did otherparty reply?
Complete and fileReply (Form 3)within 30 days
Attend trialpreparationconference
Attend familycase conference
Was a familycase conference
requested orordered?
Was a trial preparation
conferenceordered?
Prepare forfamily caseconference
Attend first appearance **
Attend trial
Prepare for trial
Get order ***
*** If your order involves child or spousal support, you may want to register it with the Family Maintenance Enforcement Program.
** At the first appearance the judge may: • order the parties to give documents to each other and the court, • make an interim (temporary) order, • refer you to mediation (with the consent of both parties), or • adjourn your case.
Identify the issues:Parenting and/or
child/spousal support
Get legal advice.Call legal aid to
find out if you qualify for a free lawyer.
Can you reachan agreemant without
going to court?
File written agreementsor get consent orders
Work with lawyersand/or mediatorsand/or a family
justice counsellor toreach agreement
Getpaperwork
andevidencetogether
* To serve a document means to give it to the other party following the rules of the court. This means having someone else 19 years of age or older (such as a friend or a professional process server) personally give the document to the other party for you.
Complete theApplication to Getan Order (Form 1)
Complete and swear/affirm Financial
Statement (Form 4)
File forms atFamily Court Registry
Are youapplying for child
support?
Serve (give) *documents
to other party
Are youapplying for spousal
support?
Are youapplying for special
expenses?
Are youor other party
claiming unduehardship?
March 2013
