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Volume 55, No. 12

132/2012

The British Columbia Gazette,

Part II

June 19, 2012

B.C. Reg. 132/2012 , deposited June 19, 2012, pursuant to the COURT RULES ACT [section 1]. Order in Council 387/2012, approved and ordered June 18, 2012.

On the recommendation of the undersigned, made after consultation with the Chief Judge of the Provincial Court, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective March 18, 2013, the Provincial Court (Family) Rules, B.C. Reg. 417/98, are amended as set out in the Schedule.

— S. BOND, Minister of Justice and Attorney General ; M. MCNEIL, Presiding Member of the Executive Council .

Schedule

1 Rule 1 of the Provincial Court (Family) Rules, B.C. Reg. 417/98, is amended

(

a) in subrule (1) by striking out " Family Relations Act " and substituting " Family Law Act ",

(

b) in subrule (2) by repealing the definition of "family justice counsellor" and substituting the following:

"family justice counsellor" means a person appointed as a family court counsellor under

section 3 of the Family Relations Act or a person appointed as a family justice counsellor under

section 10 of the Family Law Act ; ,

(

c) in subrule (2) by adding the following

definitions:

"file" means file in the registry;

"filed agreement" means an agreement filed under

section 121 of the Family Relations Act or filed under

section 5, 44 (3), 58 (3), 148 (2) or 163 (3) of the Family Law Act ;

"support" includes maintenance. ,

(

d) in subrule (2) in the definition of "filed copy" by striking out " filed with a registry, " and substituting " filed, ",

(

e) in subrule (2) in the definition of "regional manager" by striking out " (Corrections Branch), " and substituting " (Justice Services Branch), ",

(

f) in subrule (3) by striking out " editorially for convenience of reference " and substituting " for convenience ", and

(

g) by adding the following subrule:

Family Law Act

(4) Unless a contrary intention appears, the

definitions in the Family Law Act apply to these rules.

2 Rule 2 is amended

(

a) by repealing the heading to Rule 2 and substituting the following:

Rule 2 – Making, Filing and Serving an Application , and

(

b) by repealing subrules (1) and (2) and the italicized wording under subrule (2) and substituting the following:

Applying to the court for an order

(1) To apply to the court for any of the following orders under the Family Law Act :

(

a) an order for guardianship, parenting arrangements or contact with a child;

(

b) an order for child or spousal support;

(

c) a protection order under

Part 9 of the Family Law Act ,

a person must complete an application to obtain an order in Form 1 and file it, together with 3 copies of it.

Applying to change orders or agreements

(2) To apply to the court for any of the following orders:

(

a) an order to change, suspend or terminate an order that was made under the Family Law Act or the Family Relations Act ;

(

b) an order to reduce or cancel arrears under a support order made under the Family Law Act or under a support or maintenance order made under the Family Relations Act ;

(

c) an order to set aside or replace a filed agreement;

(

d) an order under

section 35 of the Interjurisdictional Support Orders Act to vary a support order registered in British Columbia,

a person must complete an application respecting existing orders or agreements in Form 2 and file it, together with 3 copies of it, in the registry where the order or agreement to which the application applies is filed unless a judge permits otherwise under rule 19 (1) or unless rule 19 (5) or (6) applies:

[To file the application in another registry, see rule 19 concerning transfer of court files. Rule 19 (5) and (6) specifically concerns transfer of files by the registry when the parties consent to the transfer or when only one of the parties resides in British Columbia and that party requests the transfer. If a person seeks an order or direction from a judge in relation to another order, an agreement or the determination of a parenting coordinator, see rule 12 (5).] ,

(

c) in subrule (3) by striking out " a person, other than the applicant, who is at least 19 years of age. " and substituting " a person who is at least 19 years of age other than the applicant. ",

(

d) by repealing subrule (4) (

a) to (

c) and substituting the following:

(

a) a blank reply in Form 3;

(

b) a blank financial statement in Form 4, if the applicant seeks an order for child or spousal support or to change, suspend or terminate child or spousal support;

(

c) if required under rule 4, a filed copy of the applicant's financial statement and applicable documentation under rule 4 (2). , and

(

e) by repealing the italicized wording under subrule (5) and substituting the following:

[To apply for recognition of an extraprovincial order, see rule 16. To apply for enforcement of a support order under the Family Maintenance Enforcement Act, see rule 17.] .

3 Rules 2 (5), 6 (3) (c) (i), 8 (4) (d), 9 (5), 11 (1) (a) (i), 12 (1) (a), 13 (4) (

a) and 19 (6) (

b) are amended by striking out " with the registry ".

4 Rule 3 is amended

(

a) by repealing the heading and substituting the following:

Rule 3 – Replying to the Application and Making a Counterclaim ,

(

b) in subrules (1) and (5) by striking out " a copy " and substituting " a filed copy ",

(

c) in subrule (1) by striking out " and " at the end of paragraph (a),

(

d) in subrule (1) (

c) by striking out " if applicable, " and substituting " if required under rule 4, ",

(

e) by repealing subrule (2) (

c) and (

d) and the italicized wording under subrule (2) and substituting the following:

(

c) apply to the court for any of the following under the Family Law Act :

(

i) an order for guardianship, parenting arrangements or contact with a child;

(ii) an order for child or spousal support;

(iii) a protection order under

Part 9 of the Family Law Act ;

(iv) an order to change, suspend or terminate an order that was made under the Family Law Act or the Family Relations Act ;

(

v) an order to cancel or reduce arrears under a support order made under the Family Law Act or under a support or maintenance order made under the Family Relations Act ;

(vi) an order to set aside or replace a filed agreement;

(vii) an order under

section 35 of the Interjurisdictional Support Orders Act to vary a support order registered in British Columbia.

[To apply for enforcement of an order or filed agreement for guardianship, parenting arrangements or contact with a child, see rule 12, or for recognition of an extraprovincial order, see rule 16. To apply for enforcement of a support order under the Family Maintenance Enforcement Act, see rule 17.] ,

(

f) in subrule (4) by striking out " filed in a registry, " and substituting " filed, ",

(

g) in subrule (5) by striking out " subrule (2) (

c) or (d), " and substituting " subrule (2) (c), ", and

(

h) in subrule (5) (

c) by striking out " , if applicable " and substituting " , if required under rule 4 ".

5 Rule 4 is amended

(

a) in subrule (1) (

a) by striking out " or parental maintenance " and substituting " support ",

(

b) in subrule (1) (

b) by striking out " for variation of a spousal or parental maintenance order " and substituting " to change, suspend or terminate a spousal support order ",

(

c) in subrule (1) (

e) and (

f) by striking out " for variation of a child maintenance order " and substituting " to change, suspend or terminate a child support order ",

(

d) by repealing subrule (1) (

g) and substituting the following:

(

g) a person who applies, in Form 2 or 3, to reduce or cancel arrears under a support order;

(

h) a person who applies, in Form 2 or 3, to set aside or replace a filed agreement respecting child or spousal support and who is required under the Child Support Guidelines Regulation to provide income information. ,

(

e) in subrule (2) (

b) by striking out " file with the registry " and substituting " file ", and

(

f) in subrule (3) by striking out " child maintenance or for variation of child maintenance " and substituting " child support or to change child support ".

6 Rules 4 (1) (

c) and (

d) and (3) (a), 5 (4) (a), 6 (5) (b), 7 (4) (d), 11 (9) and 21 (3) (

b) and (4) (

c) and Forms 6, 7A, in both places, 23 and 24, in both places, are amended by striking out " maintenance " and substituting " support ".

7 Rules 4 (3) (c), 5 (5) (a), 6 (7) (a), 9 (10) and 21 (8) and (9) are amended by striking out " in the registry ".

8 Rule 5 is amended

(

a) in subrule (1) by striking out " rule 2 (1) or (2)* " and substituting " rule 2 (1) or (2) ",

(

b) by repealing the italicized wording under subrule (1) and substituting the following:

[Rule 2 is about applications for guardianship, parenting arrangements or contact with a child orders, support orders and protection orders and applications to set aside or replace filed agreements or to change, suspend or terminate existing orders.]

(

c) in subrule (2) (

a) by striking out " applications in the matter concern maintenance and there has been an assignment of maintenance rights " and substituting " applications concern support and there has been an assignment of support rights ",

(

d) in subrule (2) by striking out " and " at the end of paragraph (a), by adding " , and " at the end of paragraph (

b) and by adding the following paragraph:

(

c) does not apply to the proceedings referred to in subrule (1) if the only applications concern return of a child under the Convention on the Civil Aspects of International Child Abduction signed at The Hague on October 25, 1980. ,

(

e) by repealing subrule (4) (

d) and substituting the following:

(

d) a family dispute resolution professional other than a family justice counsellor; ,

(

f) in subrule (6) by striking out " On " and substituting " Subject to rule 21 (8), on ",

(

g) in subrule (7) (

b) by striking out " (

a) to (c) ",

(

h) by repealing subrule (8) (

a) and substituting the following:

(

a) a party applies to a judge for a protection order under

Part 9 of the Family Law Act , or ,

(

i) by repealing the italicized wording under subrule (8),

(

j) in subrule (10) by adding " other than rule 22 " after " another rule ",

(

k) in subrule (11) by striking out " in the matter ", and

(

l) by repealing subrule (12).

9 Rule 5.1 is amended

(

a) in subrules (2) and (3) by striking out " registrar or " wherever it appears, and

(

b) in subrule (3) (

c) by striking out " 20 pages in length and the registrar has not given leave; " and substituting " 20 pages in length; ".

10 Rule 6 is amended

(

a) by repealing subrule (1) (d) (ii) and substituting the following:

(ii) any financial statement and applicable documentation filed by the respondent under rule 4 (2). ,

(

b) in subrules (3) (

b) and (c) (iii), (4) (

c) and (10) (

d) by striking out "

section 9 of the Family Relations Act " and substituting "

section 216 or 217 of the Family Law Act ",

(

c) in subrule (3) by repealing paragraphs (

i) and (

j) and substituting the following:

(

i) make a conduct order under Division 5 of

Part 10 of the Family Law Act , including an order

(

i) requiring the parties to participate in family dispute resolution within the meaning of the Family Law Act , or

(ii) requiring one or more parties or, with or without the consent of the child's guardian, a child, to attend counselling, specified services or programs;

(

j) hear evidence and make an interim or final order for child or spousal support or for guardianship, parenting arrangements or contact with a child; ,

(

d) by repealing subrule (5) (

d) and substituting the following:

(

d) a family dispute resolution professional other than a family justice counsellor; ,

(

e) in subrule (10) (

c) by striking out " child, spousal or parental maintenance, " and substituting " child or spousal support, ",

(

f) in subrules (10) (

g) and (15) (

a) by adding " for arrest " after " warrant ", and

(

g) in subrules (11) (b), (12) and (13) by striking out " justice " and substituting " judge ".

11 Rule 7 is amended

(

a) in subrule (1) by striking out " child custody, access or guardianship " and substituting " guardianship, parenting arrangements or contact with a child ",

(

b) by repealing subrule (4) (

c) and substituting the following:

(

c) make a conduct order under Division 5 of

Part 10 of the Family Law Act , including an order

(

i) requiring the parties to participate in family dispute resolution within the meaning of the Family Law Act , or

(ii) requiring one or more parties or, with or without the consent of the child's guardian, a child, to attend counselling, specified services or programs; , and

(

c) in subrule (4) (

e) by striking out " purposes of mediation under " and substituting " the purposes of ".

12 Rule 8 (4) (

b) is amended by striking out " deliver to " and substituting " serve on ".

13 Rule 9 is amended

(

a) in subrule (1) (

a) by striking out " or " at the end of subparagraph (ii), by striking out " Form 10; " at the end of subparagraph (iii) and substituting " Form 10, or " and by adding the following subparagraph:

(iv) if the address for service provided by that party includes an e-mail address, by e-mailing the document to that e-mail address; ,

(

b) in subrule (1) (

c) by striking out " double ",

(

c) in subrule (2) by striking out " Form 1, 2, 21 or 22 or a request " and substituting " Form 1, 2 or 22 or a request for court enforcement under the Family Maintenance Enforcement Act ",

(

d) by repealing the italicized wording under subrule (2) and substituting the following:

[Forms 1 and 2 concern applications for guardianship, parenting arrangements, contact with a child, support or protection orders and applications to set aside or replace filed agreements or to change, suspend or terminate orders. These applications must be served personally on the respondent (see rule 2 (3) to (5)).]

[Form 22 concerns applications to recognize orders, similar in nature to an order respecting guardianship, parenting arrangements or contact with a child, that are made by courts outside of British Columbia. These applications must be served personally on the respondents (see rule 16 (4)).]

[Form 23 is related to enforcing existing support orders and is a request to the court for issuance of a summons, warrant or garnishing order. These applications are generally made without notice to the person against whom the summons or warrant will be issued or against whom the order will be made.] ,

(

e) in subrule (3) (

a) and (

b) by striking out " any adult " and substituting " a person who is at least 19 years of age ",

(

f) in subrule (4) by striking out " document with the registry, " and substituting " Form 1, Form 2 or Form 3, ",

(

g) in subrule (10) (

a) by striking out " mail or fax, " and substituting " mail, fax or e-mail, ",

(

h) in subrule (10) (

b) by striking out " an individual " and substituting " a person who is at least 19 years of age ", and

(

i) by adding the following subrule:

Service outside British Columbia

(12) An application, notice of motion or other document may be served on a person outside British Columbia if the court has jurisdiction in relation to the order sought in the application or notice of motion under

section 10 of the Court Jurisdiction and Proceedings Transfer Act or Division 7 or 8 of

Part 4 of the Family Law Act .

14 Rule 10 is amended

(

a) in subrule (6) by adding " for arrest " after " warrant ", and

(

b) in subrule (9) (

b) by striking out " peace officer " and substituting " police officer ".

15 Rule 11 is amended

(

a) by adding the following subrules:

Report must include address for service

(1.1) If, under

section 211 of the Family Law Act , the court appoints a person to conduct an assessment, that person must

(

a) include in the report required under

section 211 (4) of that Act an address for service, and

(

b) unless the court otherwise orders, file a copy of the report and give a filed copy of the report to all parties at least 30 days before the scheduled trial date.

When cross examination required

(1.2) A party who wishes to contest any of the facts or opinions contained in a report referred to in subrule (2) must cross examine at trial the person who prepared the report. ,

(

b) in subrule (2) by striking out "

section 15 of the Family Relations Act , " and substituting "

section 211 of the Family Law Act , ", and

(

c) by repealing subrule (2) (a) (i).

16 Rule 12 is amended

(

a) in subrule (1) by striking out " If a person seeks an order or direction from a judge, " and substituting " If a person seeks from a judge an order, direction or review referred to in subrule (5), ",

(

b) in subrule (4) (

b) by adding " that the circumstances justify it and that " after " thinks ", and

(

c) by adding the following subrules:

Applications about orders, agreements and determinations of parenting coordinators

(5) This rule applies if a person is seeking from a judge

(

a) an order or direction to enforce an order without seeking any changes to that order,

(

b) an order or direction to change, suspend or terminate an order that was made in the person's absence or because the person failed to file a reply,

(

c) an order or direction to enforce a filed agreement,

(

d) an order or direction to enforce compliance with, or to change or set aside, a filed determination of a parenting coordinator,

(

e) a review of a filed agreement or order respecting spousal support under the Family Law Act or support or maintenance under the Family Relations Act ,

(

f) an order determining whether there are arrears owing under a support order made under the Family Law Act , or under a support or maintenance order made under the Family Relations Act , and, if so, the amount of those arrears,

(

g) an order under

section 33 (2) of the Family Law Act for the taking of one or both of a tissue sample or a blood sample, or

(

h) any other order, direction or review that, under these rules, is to be sought by a notice of motion.

Requirement to file financial information

(6) A person who is seeking a review of a filed agreement or order respecting spousal support or maintenance under the Family Law Act or the Family Relations Act must

(

a) complete a financial statement in Form 4, following the instructions on the financial statement, and

(

b) when filing the notice of motion to seek the review, file the original and 3 copies of that financial statement and any applicable documentation described in Form 4.

17 Rule 13 (4) (

b) is amended by striking out " delivered to " and substituting " served on ".

18 Rule 14 is amended

(

a) by repealing subrule (1) and substituting the following:

Consent orders

(1) If at any time in the course of proceedings the parties wish to apply for an order that the parties consent to, the parties may apply in one of the following ways:

(

a) without having to appear before a judge, under subrules (1.1) to (3);

(

b) in an appearance before a judge, under subrule (4).

Consent order without appearing in court

(1.1) The parties may apply for an order by consent without appearing before a judge by filing all of the following:

(

a) a request in Form 18;

(

b) a consent in Form 19;

(

c) a draft consent order in Form 20 containing the particulars of the order sought;

(

d) one or more affidavits in support of the order. ,

(

b) in subrule (2) by striking out " A clerk " and substituting " If a consent order is applied for under subrule (1.1), a clerk ", and

(

c) by adding the following subrule:

Consent order sought before a judge

(4) The parties may seek an order by consent before a judge by providing such evidence of consent as the judge may require.

19 Rule 15 is repealed.

20 Rule 16 is amended

(

a) by repealing the heading of the rule and substituting the following:

Rule 16 – Applying for Recognition of Extraprovincial Orders ,

(

b) by repealing subrules (1) to (3) and substituting the following:

Definitions

(2.1) In this rule:

"extraprovincial order" means an order of an extraprovincial tribunal that is similar in nature to an order respecting guardianship, parenting arrangements or contact with a child;

"extraprovincial tribunal" means a court or tribunal, outside British Columbia, having authority to make an extraprovincial order.

How to apply for recognition of an extraprovincial order

(3) To apply to the court under

section 75 of the Family Law Act for an order recognizing an extraprovincial order, a person must complete an application to recognize an extraprovincial order for guardianship, parenting arrangements or contact with a child in Form 22 and file it, together with 3 copies of it and a certified copy of the extraprovincial order. ,

(

c) in subrule (4) by striking out " a person, other than the applicant, who is at least 19 years of age. " and substituting " a person who is at least 19 years of age other than the applicant. ",

(

d) in subrule (5) by striking out " (1) or ", and

(

e) by repealing subrule (5) (g).

21 Rule 17 is amended

(

a) by repealing subrule (1) and substituting the following:

Definitions

(1) In this rule:

"Act" means the Family Maintenance Enforcement Act ;

"applicant" includes

(

a) a creditor or debtor as defined in the Act,

(

b) the Director of Maintenance Enforcement, if the application relates to an order that is filed with the director, and

(

c) anyone else who is entitled to bring or defend an application under the Act. ,

(

b) in subrules (2) and (3) by striking out " the Family Maintenance Enforcement Act , " and substituting " the Act, ",

(

c) in subrule (2) by adding " for court enforcement under the Act " after " request ",

(

d) in subrule (2) (

c) by striking out " summons in Form 7A " and substituting " summons to a default hearing in Form 7A to summon a debtor ",

(

e) in subrule (2) (

e) by striking out " summons in Form 7B " and substituting " summons to a committal hearing in Form 7B to summon a debtor ",

(

f) in subrule (3) by striking out " notice of motion in Form 24: " and substituting " notice of motion in maintenance enforcement proceedings in Form 24: ",

(

g) in subrule (3) (

a) by striking out " for access to " and substituting " respecting correspondence and searchable ",

(

h) by repealing subrule (3) (

n) and substituting the following:

(

n) an order under

section 29.2 (2) of the Family Maintenance Enforcement Act that the Director of Maintenance Enforcement direct the Insurance Corporation of British Columbia to disregard

(

i) a notice not to issue or renew the driver's licence of a debtor, or

(ii) a notice not to issue or renew the licence and corresponding number plates for any motor vehicle or trailer owned by a debtor. ,

(

i) in subrule (4) (

a) by striking out " completed form, " and substituting " completed Form 23 or 24, ",

(

j) in subrules (5) (

a) and (

b) and (8) by striking out " any adult other than the applicant " and substituting " a person who is at least 19 years of age other than the applicant ", and

(

k) in subrule (6) by adding " for arrest " after " a warrant ".

22 Rule 18 is amended

(

a) by repealing subrule (2) and substituting the following:

Successful party prepares the order

(2) Unless the judge orders otherwise, if the party in whose favour an order is made is represented by a lawyer, the party's lawyer must, as soon as practicable, prepare the order. ,

(

b) by adding the following subrule:

Form of order

(3.1) An order must be in the following form:

(

a) in Form 25, if the order is a protection order made under

Part 9 of the Family Law Act ;

(

b) in Form 25.1, if the order is a restraining order made under

section 46 of the Family Maintenance Enforcement Act ;

(

c) in Form 26, in any other case.

(

c) in subrule (4) by striking out "

section 10 of the Family Relations Act " and substituting "

section 219 of the Family Law Act ", and

(

d) in subrules (6) (

a) and (7) by striking out " with the court ".

23 Rule 19 is amended

(

a) by repealing the heading and substituting the following:

Rule 19 – Transfer of Court Files ,

(

b) in subrules (1) and (2) by striking out " file " and substituting " court file ",

(

c) in subrule (2) by striking out " an order or agreement " and substituting " an order, or a filed agreement, ",

(

d) in subrules (4), (5) and (6) by striking out " transfer a file " and substituting " transfer a court file ",

(

e) in subrule (5) (

a) by striking out " consent to the transfer " and substituting " transfer consent ", and

(

f) in subrule (5) (

b) by striking out " the file " and substituting " the court file ".

24 Rule 20 is amended

(

a) in subrule (4) by striking out " change or cancel " and substituting " change, suspend or terminate ",

(

b) in subrule (4) (

a) by striking out " changing or cancelling " and substituting " changing, suspending or terminating ",

(

c) in subrule (4) (

b) by striking out " containing " and substituting " stating ",

(

d) in subrules (9) and (10) by striking out " Family Relations Act " and substituting " Family Law Act ",

(

e) in subrule (10) by striking out " registry file " and substituting " court file ",

(

f) in subrule (10) by striking out " an agreement filed under

section 121 of that Act " and substituting " a filed agreement ",

(

g) by repealing subrule (10) (

b) and substituting the following:

(

b) a lawyer, whether or not a lawyer of a party, ,

(

h) in subrule (10) by striking out " or " at the end of paragraph (d), by adding " , or " at the end of paragraph (

e) and by adding the following paragraph:

(

f) a person authorized in writing by a party or a party's lawyer. ,

(

i) by repealing subrule (12) and substituting the following:

Filing an agreement or parenting coordinator's determination

(12) The following may be filed:

(

a) a copy of a written agreement referred to in

section 15, 44 (3), 58 (3), 148 (2) or 163 (3) of the Family Law Act ;

(

b) a copy of a determination by a parenting coordinator referred to in

section 18 of the Family Law Act . , and

(

j) by repealing subrule (14).

25 Rule 21 is amended

(

a) by repealing subrule (3) (a), (

c) and (

d) and substituting the following:

(

a) for guardianship, parenting arrangements or contact with a child;

(

c) to change, suspend or terminate an order for anything listed in paragraph (

a) or (b);

(

d) to set aside or replace a filed agreement for anything listed in paragraph (

a) or (b). ,

(

b) in subrule (4) by striking out " or " at the end of paragraph (c), by adding " , or " at the end of paragraph (

d) and by adding the following paragraph:

(

e) one or both of the parties is seeking an order for return of a child under the Convention on the Civil Aspects of International Child Abduction signed at The Hague on October 25, 1980. , and

(

c) in subrule (7) (

a) by striking out "

section 37 or 38 of the Family Relations Act " and substituting "

Part 9 of the Family Law Act ".

26 The following rule is added:

Rule 22 – Electronic Filing

Definitions

(1) In this rule:

"electronic document" means a document that has been transmitted for filing electronically;

"electronic services agreement" means an agreement referred to in subrule (3);

"registered user" means a person who has entered into an electronic services agreement.

This rule applies in event of conflict

(2) In the event of a conflict between this rule and another rule, this rule applies.

Electronic services agreement

(3) A person wishing to file documents in a registry under this rule must

(

b) submit documents for filing in accordance with that agreement.

Means of transmission

(4) A registered user may electronically transmit a document to a registry for filing if the document is not one referred to in subrule (5).

Application of this rule

(5) The following documents may not be transmitted for filing electronically:

(

a) a summons to a default hearing in Form 7A;

(

b) a summons to a committal hearing in Form 7B;

(

c) a certificate of service in Form 14;

(

d) an application to recognize an extraprovincial order for guardianship, parenting arrangements or contact in Form 22;

(

e) a request for court enforcement under the Family Maintenance Enforcement Act in Form 23.

Affidavits and other signed documents

(6) An affidavit or other signed document that is being filed for evidentiary purposes, if submitted for filing electronically, must clearly identify the signatory and must be accompanied by a statement, in Form 33, of the lawyer acting for the person on whose behalf the document is submitted for filing or, if that person is unrepresented, by a statement of that person, in Form 33, indicating that

(

a) the original paper version of the document appears to bear an original signature of the person identified as the signatory and the person making the Form 33 statement has no reason to believe that the signature placed on the document is not the signature of the identified signatory, and

(

b) the version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and the person making the Form 33 statement has no reason to believe that it is not a true copy of the original paper version.

Retention of documents

(7) A person who, under subrule (6), submits a document for filing electronically under these rules must

(

a) keep the original paper version of the document until the earliest of

(

i) the date on which the proceeding, including any appeals, is finally disposed of,

(ii) the date on which the appeal period for the proceeding has expired if no notice of appeal respecting the proceeding has been filed within that period, and

(iii) the date on which a judge orders that the original paper version be filed, and

(

b) if a request is made under paragraph (a) (iii), file the original paper version promptly after that request is made.

Conversion of documents

(8) If a document in paper form is filed, a clerk of the registry in which the document was filed may convert the document into electronic form and, in that event, the clerk must

(

a) store the conversion in a computer or in another electronic system that the clerk considers appropriate, and

(

b) retain the paper form of the document.

Inspection of original documents

(9) A person who submits a document referred to in subrule (6) for filing electronically must, on request, make the original paper version of that document available for inspection by other parties or their lawyers and by the court.

Notice of motion

(10) A person who is entitled to inspect a document under subrule (9) may, if that inspection is denied, apply by notice of motion to a judge under rule 12 for an order that the original paper version of the document be filed.

Application of Rule 13

(11) Rule 13 continues to apply to affidavits filed under this rule, but, in the event of a conflict between this rule and Rule 13 in respect of those affidavits, this rule prevails.

Electronic authentication deemed a signature

(12) For the purposes of these rules other than subrule (6) of this rule, a document is deemed to have been originally signed if it has been electronically authenticated in the manner contemplated by the applicable electronic services agreement.

Filing of documents

(13) If a document that has been transmitted for filing electronically is accepted for filing by a clerk, the document is deemed to have been filed as follows:

(

a) if the document is received by the registry at or before 4 p.m. on a day that is not a Saturday or a holiday, the document is deemed to be filed on the day of receipt;

(

b) if the document is received by the registry on a Saturday or holiday or after 4 p.m. on any other day, the document is deemed to be filed on the next day that is not a Saturday or a holiday.

Electronic acceptance

(14) After a document that has been transmitted for filing electronically is accepted for filing by a clerk, the clerk must affix an electronic version of the registry stamp to the document and, after that, must provide a copy of the stamped electronic document, in the manner contemplated by the electronic services agreement, to the person who transmitted the document for filing.

Public access to documents filed electronically

(15) After a document has been filed under this rule, a person who is otherwise entitled to view and obtain a copy of the document may

(

a) obtain from the registry a paper copy of the document,

(

b) if a public access computer terminal is available in the registry, view the document on that terminal or, if the document is not available for viewing on that terminal, view on that terminal the information about the document or its contents, if any, that is available on that terminal, or

(

c) if the person is a registered user, access the document in accordance with the terms of the electronic services agreement entered into by that person.

Service of documents

(16) A document that may or must be served on a person may, if it is an electronic document, be served on the person in a manner contemplated by Rule 9 or as follows:

(

a) if the person has provided an e-mail address for service, by e-mailing it to that person's e-mail address for service;

(

b) if the lawyer for the person has provided an e-mail address for service, by e-mailing it to that lawyer's e-mail address for service;

(

c) if paragraph (

a) or (

b) applies and, under these rules, multiple copies of the document are to be served, the serving party need serve only a single electronic copy of the document.

If document does not reach a person

(17) Even though a document has been served in accordance with subrule (16), a person may show, on an application to set aside the consequences of default, on an application for an extension of time or on an application in support of a request for an adjournment, that the document

(

a) did not come to the person's notice,

(

b) did come to the person's notice later than when it was served or effectively served, or

(

c) was incomplete or illegible.

27 Forms 1, 2 and 3 are repealed and the following substituted:

Form 1 (Rule 2 (1))

APPLICATION TO OBTAIN AN ORDER

Court File No. ..............................

Court Location ..............................

F.M.E.P. No. ..............................

In the Provincial Court of British Columbia

In the case between:

.............................................................................[ name ]......................................................................................

and

.............................................................................[ name ]......................................................................................

________________________________________________________________________________________________

Filed by:

Name ............................................................................................... Date of birth ..................................

(APPLICANT)

(Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.)

Address for service .......................................................................................................

City .......................................... Province ................ Postal Code ........................

Phone ........................... Fax ........................ E-mail ......................................................................

Notice to:

Name ............................................................................................... Date of birth ..................................

(RESPONDENT)

Address for service .......................................................................................................

City ........................ Province .................... Postal Code .................................

Phone ................................... Fax ........................

________________________________________________________________________________________________

IMPORTANT NOTES TO RESPONDENT:

If this application contains a claim for support, you are required to file financial information with your reply. If you do not, the court may attribute income to you and set the amount of support to be paid. The applicant has estimated your gross annual income as set out in item 3 below.

If you fail to file a reply within 30 days after being served with this application, you will not receive notice of any part of the proceeding and the court may make an order against you.

________________________________________________________________________________________________

I am applying for:

[ ] guardianship

[ ] allocation of parental responsibilities

[ ] parenting time

[ ] contact with a child

[ ] child support

[ ] spousal support

[ ] a protection order

[ ] other order ( specify ) ...............................................................................................................

________________________________________________________________________________________________

1 – Orders and agreements

Are there any court orders or written agreements between the parties concerning separation, guardianship, parenting arrangements, contact with a child or support?

[ ] No orders

[ ] I am attaching copies of all orders

[ ] No written agreements

[ ] I am attaching copies of all written agreements

________________________________________________________________________________________________

2 – Children

Name(

s) of child(ren)

Birthdate(

s) My relationship to the child(ren) is .....................................................................

The respondent's relationship to the child(ren) is .........................................................

The present arrangements for guardianship, parenting arrangements or contact with a child are:

..........................................................................................................................................................

..........................................................................................................................................................

(Complete the following if you are asking for guardianship, parenting arrangements or contact with a child.)

I am asking for guardianship, parenting arrangements or contact with a child as follows:

..........................................................................................................................................................

..........................................................................................................................................................

________________________________________________________________________________________________

3 – Support ( Complete if you are asking for child or spousal support. )

The current support arrangements are: ................................................................................................................

..........................................................................................................................................................

I believe that the respondent's gross annual income is $................... because .....................................................

..........................................................................................................................................................

..........................................................................................................................................................

I am asking for: ( Complete only if you are asking for child support. )

[ ] support in the amount set out in the Child Support Guidelines for ..........[ number ]......... children

[ ] special or extraordinary expenses, as follows:

.................................................................................................................................................

.................................................................................................................................................

I am asking for: ( Complete only if you are asking for retroactive child support or retroactive spousal support. )

[ ] child support retroactive to ..........[ mmm/dd/yyyy ]......... because ..........................................

[ ] spousal support retroactive to ..........[ mmm/dd/yyyy ]......... because ......................................

Information for Applicant and Respondent

You must complete Form 4, following the instructions on that form, if:

• there is a claim for spousal support,

• there is a claim for child support and one or more of the following applies:

• you are the person being asked to pay;

• the claim is for an amount other than the amount set out in the tables of the Child Support Guidelines, including a claim under

section 8, 9 or 10 of the Child Support Guidelines;

• there is a claim under

section 7 [ special or extraordinary expenses ] of the Child Support Guidelines;

• one or more of the children for whom support is claimed is 19 years of age or older;

• the person who is being asked to pay is a stepparent, or a guardian who is not a parent, of one or more of the children for whom support is claimed.

You may also provide this financial information before receiving the respondent's reply, in order to avoid delay, if you believe that the income of a respondent from whom child support is claimed is over $150 000 per year or that the respondent will claim undue hardship, special or extraordinary expenses or make a counterclaim for support.

________________________________________________________________________________________________

4 – Protection Orders (Complete if you are asking for a protection order.)

I am asking for an order in the following terms:

..........................................................................................................................................................

________________________________________________________________________________________________

Dated ..........[ mmm/dd/yyyy ]...........

.........................................................................

Name of applicant's lawyer

Signature ..................................................................

________________________________________________________________________________________________

If the applicant in this proceeding is represented by a lawyer, the lawyer must complete the following certificate.

________________________________________________________________________________________________

LAWYER'S CERTIFICATE ( Family Law Act , s. 8 (2))

I, ....................................., lawyer for .....................[ name of party ].............. certify that, in accordance with

section 8 (2) of the Family Law Act , I have

(

a) discussed with the party the advisability of using various types of family dispute resolution to resolve the matter, and

(

b) informed the party of the facilities and other resources, known to me, that may be available to assist in resolving the dispute.

Dated ..........[ mmm/dd/yyyy ]...........

..................................................................................

Signature of lawyer

...........................[ type or print name ]..........................

Form 2 (Rule 2 (2))

APPLICATION RESPECTING EXISTING ORDERS OR AGREEMENTS

Court File No. ..............................

Court Location ..............................

F.M.E.P. No. ..............................

In the Provincial Court of British Columbia

In the case between:

.............................................................................[ name ]......................................................................................

and

.............................................................................[ name ]......................................................................................

________________________________________________________________________________________________

Filed by:

Name .................................................................................. Date of birth ...........................

(APPLICANT)

(Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.)

Address for service ..............................................................................................................................................

City ........................ Province .................... Postal Code .................................

Phone ................................... Fax ........................ E-mail ..................................................................

Notice to:

Name .................................................................................... Date of birth ......................

(RESPONDENT)

Address for service .............................................................................................................................................

City ........................ Province .................... Postal Code .................................

Phone ................................... Fax ........................

and to:

[ ]

Director of Maintenance Enforcement

[ ]

Minister under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act

________________________________________________________________________________________________

IMPORTANT NOTE:

If this claim involves an order for support, you may be required to file financial information. If you do not, the court may attribute income to you and set the amount of support to be paid.

IMPORTANT NOTE TO RESPONDENT: If you fail to file a reply within 30 days after being served with this application, you will not receive notice of any part of the proceeding and the court may make an order against you.

________________________________________________________________________________________________

[ ] I ask that the attached order dated ......[ mmm/dd/yyyy ]...... be changed to the following:............................

[ ] I ask that the attached order dated ......[ mmm/dd/yyyy ]...... be suspended.

[ ] I ask that the attached order dated ......[ mmm/dd/yyyy ]...... be terminated.

[ ] I ask that arrears of support be reduced or cancelled as follows: ...................................................................

[ ] I ask that the attached agreement dated ......[ mmm/dd/yyyy ]...... be set aside in whole or in part.

[ ] I ask that the attached agreement dated ......[ mmm/dd/yyyy ]...... be replaced.

[ ] I ask for an order under

section 35 of the Interjurisdictional Support Orders Act to vary a support order registered in British Columbia.

The reasons for my application are as follows:

..........................................................................................................................................................

..........................................................................................................................................................

..........................................................................................................................................................

________________________________________________________________________________________________

Dated ..........[ mmm/dd/yyyy ]...........

.........................................................................

Name of applicant's lawyer

Signature ..................................................................

________________________________________________________________________________________________

If the applicant in this proceeding is represented by a lawyer, the lawyer must complete the following certificate.

________________________________________________________________________________________________

LAWYER'S CERTIFICATE ( Family Law Act , s. 8 (2))

I, ................................................., lawyer for ..........................[ name of party ]................... certify that, in accordance with

section 8 (2) of the Family Law Act , I have

(

a) discussed with the party the advisability of using various types of family dispute resolution to resolve the matter, and

(

b) informed the party of the facilities and other resources, known to me, that may be available to assist in resolving the dispute.

Dated ..........[ mmm/dd/yyyy ]...........

..................................................................................

Signature of lawyer

...........................[ type or print name ]..........................

Form 3 (Rule 3 (1) and (5))

REPLY

Court File No. ..............................

Court Location ..............................

F.M.E.P. No. ..............................

In the Provincial Court of British Columbia

In the case between:

.............................................................................[ name ]......................................................................................

and

.............................................................................[ name ]......................................................................................

________________________________________________________________________________________________

To:

Name ...........................................................................................................................................

(APPLICANT)

Address for service .......................................................................................................

City ........................ Province .................... Postal Code .................................

Phone ................................... Fax ........................ E-mail .................................................................

From:

Name .......................................................................................................................................

(RESPONDENT)

( Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service. )

Address for service .......................................................................................................

City ........................ Province .................... Postal Code .................................

Phone ................................... Fax ........................ E-mail .................................................................

________________________________________________________________________________________________

IMPORTANT NOTE TO APPLICANT:

If the respondent's reply includes a claim for support, you, the original applicant, are required to file financial information. If you do not, the court may attribute income to you and set the amount of support to be paid. The respondent has estimated your gross annual income as set out in item 2 below.

________________________________________________________________________________________________

Agreement with application:

I agree with the request(

s) of the applicant for:

[ ] guardianship

[ ] allocation of parental responsibilities

[ ] parenting time

[ ] contact with a child

[ ] child support

[ ] spousal support

[ ] a change in or suspension or termination of an earlier order dated .....[ mmm/dd/yyyy ].......

[ ] an order to set aside or replace an agreement dated .....[ mmm/dd/yyyy ].......

[ ] an order that arrears of support be reduced or cancelled

[ ] an order for retroactive support

[ ] a protection order

[ ] other order ( specify ) ...................................................................................................

I wish to make the following comments regarding the request(

s) even though I agree:

..........................................................................................................................................................

..........................................................................................................................................................

..........................................................................................................................................................

..........................................................................................................................................................

________________________________________________________________________________________________

Disagreement with application:

I disagree with the request(

s) of the applicant for:

[ ] guardianship

[ ] allocation of parental responsibilities

[ ] parenting time

[ ] contact with a child

[ ] child support

[ ] spousal support

[ ] a change in or suspension or termination of an earlier order dated .....[ mmm/dd/yyyy ].......

[ ] an order to set aside or replace an agreement dated .....[ mmm/dd/yyyy ].......

[ ] an order that arrears of support be reduced or cancelled

[ ] an order for retroactive support

[ ] a protection order

[ ] other order ( specify ) ...................................................................................................

I disagree because:

..........................................................................................................................................................

..........................................................................................................................................................

..........................................................................................................................................................

..........................................................................................................................................................

________________________________________________________________________________________________

Counterclaim (Respondent's own application)

I wish to make application for the following:

[ ] guardianship

[ ] allocation of parental responsibilities

[ ] parenting time

[ ] contact with a child

[ ] child support

[ ] spousal support

[ ] a change in or suspension or termination of an earlier order dated .....[ mmm/dd/yyyy ].......

[ ] an order to set aside or replace an agreement dated .....[ mmm/dd/yyyy ].......

[ ] an order that arrears of support be reduced or cancelled

[ ] an order for retroactive support

[ ] a protection order

[ ] other order ( specify ) ...................................................................................................

________________________________________________________________________________________________

1 – Children

Name(

s) of child(ren)

Birthdate(s)

________________________________________________________________________________________________

2 – Support (Complete if you are asking for child or spousal support.)

The current support arrangements are: ................................................................................................................

..........................................................................................................................................................

I believe that the applicant's gross annual income is $................... because .......................................................

..........................................................................................................................................................

..........................................................................................................................................................

I am asking for: (Complete only if you are asking for child support.)

[ ] support in the amount set out in the Child Support Guidelines for ....... [ number ]...... children

[ ] special or extraordinary expenses, as follows:

.........................................................................................................................................................

.........................................................................................................................................................

I am asking for: (Complete only if you are asking for retroactive child support or retroactive spousal support.)

[ ] child support retroactive to ....... [ mmm/dd/yyyy ]...... because ................................................

[ ] spousal support retroactive to ....... [ mmm/dd/yyyy ]...... because ............................................

________________________________________________________________________________________________

3 – Protection Orders (Complete if you are asking for a protection order.)

I am asking for an order in the following terms:

..........................................................................................................................................................

________________________________________________________________________________________________

Dated ..........[ mmm/dd/yyyy ]...........

.........................................................................

Name of respondent's lawyer

Signature ..................................................................

________________________________________________________________________________________________

If the respondent in this proceeding is represented by a lawyer, the lawyer must complete the following certificate.

________________________________________________________________________________________________

LAWYER'S CERTIFICATE ( Family Law Act , s. 8 (2))

I, ................................................., lawyer for ..........................[ name of party ]................... certify that, in accordance with

section 8 (2) of the Family Law Act , I have

(

a) discussed with the party the advisability of using various types of family dispute resolution to resolve the matter, and

(

b) informed the party of the facilities and other resources, known to me, that may be available to assist in resolving the dispute.

Dated ..........[ mmm/dd/yyyy ]...........

..................................................................................

Signature of lawyer

...........................[ type or print name ]..........................

28 Form 4 is amended

(

a) by striking out the following:

I, ........................................................................................[ name ].......................................................................,

Address for service............................................................................................................... City ........................

Province ............................ Postal Code ................................. Phone ................................... Fax ........................

swear or affirm that:

and substituting the following:

I, ........................................[ name ]....................................................... ,

(Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.)

Address for service .......................................................................................................

City .......................................... Province ................ Postal Code ...............................

Phone ........................... Fax ........................ E-mail ....................................................

swear or affirm that: ,

(

b) under the heading

PART 1 INCOME by striking out " Complete

Part 1 if: " and substituting " You must complete

Part 1 if: ",

(

c) in paragraph (

a) under the heading

PART 1 INCOME and in paragraph (

a) under the heading ADJUSTMENTS TO INCOME by striking out " or parental ",

(

d) under the heading ADJUSTMENTS TO INCOME by striking out " Complete this

section if: " and substituting " You must complete this

section if: ",

(

e) under the heading ADJUSTMENTS TO INCOME by striking out the following:

OTHER ADJUSTMENTS TO INCOME – Spousal or Parental Support

Complete this

section only if there is a claim, either by you or against you, for spousal or parental support.

and substituting the following:

OTHER ADJUSTMENTS TO INCOME – Spousal Support

Complete this

section only if there is a claim, either by you or against you, for spousal support. ,

(

f) under the heading INCOME

SUMMARY by striking out the following:

Annual Income for a Spousal or Parental Support Claim

Total income [from line A] ................................................................................................................

$..........

subtract

Total deductions from income [from line C] ..................................................................................

– $..........

add

Total additions to income [from line D] .........................................................................................

+ $..........

add

Total other adjustments [from line E] .............................................................................................

+ $..........

Annual income to be used for a spousal or parental support claim ............................................................

= $..........

and substituting the following:

Annual Income for a Spousal Support Claim

Total income [from line A] ................................................................................................................

$..........

subtract

Total deductions from income [from line C] ..................................................................................

– $..........

add

Total additions to income [from line D] .........................................................................................

+ $..........

add

Total other adjustments [from line E] .............................................................................................

+ $..........

Annual income to be used for a spousal support claim .................................................................................

= $..........

(

g) in

Part 3 under the heading

SCHEDULE 2 – UNDUE HARDSHIP by striking out " Unusually high expenses for exercising access to a child: " and substituting " Unusually high expenses for exercising parenting time or contact with a child: ", and

(

h) in

Part 3 under the heading

SCHEDULE 2 – UNDUE HARDSHIP by striking out " application, who is: (

a) under the age of majority (19 years in B.C.), or (

b) the age of majority or over but unable to support himself or herself because of illness, disability or other cause: " and substituting " application: ".

29 Form 6 is amended by striking out the following:

[ ] attended with a private family mediator

and substituting the following:

[ ] attended with a family dispute resolution professional .

30 Form 7 is amended by striking out " Family Relations Act " and substituting " Family Law Act ".

31 Form 8 is amended

(

a) by striking out " peace officers " and substituting " police officers ", and

(

b) by striking out " justice of the peace " and substituting " judge ".

32 Form 11 is amended

(

a) by striking out the following:

I, .......................................[ name ]............................... wish to notify the court and the other parties that my address for service is now changed to:

Address ................................................................................................................................ City ........................

Province ............................ Postal Code ................................. Phone ................................... Fax ........................

The change is effective as of ......[ mmm/dd/yyyy ]......

and substituting the following:

I, ........................................[ name ]....................................................... wish to notify the court and the other parties that my address for service is now changed to:

(Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.)

Address .......................................................................................................

City .......................................... Province ................ Postal Code ........................

Phone ........................... Fax ........................ E-mail ......................................................................

The change is effective as of ......[ mmm/dd/yyyy ]...... , and

(

b) by striking out " in the registry a notice of change of address " and substituting " a notice of change of address in Form 11 ".

33 Form 13 is amended by striking out the following:

[ ] Fax (attach a copy of Form 7)

and substituting the following:

[ ] Fax (attach a copy of Form 10)

[ ] E-mail .

34 Form 16 is repealed and the following substituted:

Form 16 (Rule 12 (1))

NOTICE OF MOTION

Court File No. ..............................

Court Location ..............................

F.M.E.P. No. ..............................

In the Provincial Court of British Columbia

In the case between:

.............................................................................[ name ]......................................................................................

and

.............................................................................[ name ]......................................................................................

________________________________________________________________________________________________

Filed by:

Name ................................................................................................................................................

(Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.)

Address for service ........................................................................................................

City ...................................... Province .................... Postal Code .................................

Phone ................................... Fax ............................ E-mail .........................................

Notice to:

Name ................................................................................................................................................

Address for service ........................................................................................................

City ...................................... Province .................... Postal Code .................................

Phone ................................... Fax ............................

________________________________________________________________________________________________

I, ..........................[ name of person making application ]................, will apply to this court at .........................[ court location ]..................... on ......[ mmm/dd/yyyy ]...... at ..........[ time ].......... a.m./p.m. for:

[ ] An order shortening or extending a time limit set out in the Provincial Court (Family) Rules

[ ] An interim order under

section 216 or 217 of the Family Law Act

[ ] An order changing, suspending or terminating the attached order made in my absence

[ ] An order settling the terms of an order made ......[ mmm/dd/yyyy ].............

[ ] An order that a person not remove, or that a person be allowed to remove, a child from a geographical area

[ ] An order to prohibit the relocation of a child

[ ] An order for blood or tissue samples, for parentage tests, to be taken from .... [ name(s) ].............

[ ] An order for service of .................[ identify document(s) ].................. by ....[ method of service ]...........

[ ] An order for access to information under

section 242 of the Family Law Act

[ ] An order for information to be disclosed by .....................[ name ]................

[ ] An order transferring this file to the court registry at: ............................................................

[ ] Directions on a procedural matter

[ ] An order changing or setting aside the determination of a parenting coordinator dated .......[ mmm/dd/yyyy ]...............

[ ] An order to enforce

[ ] the order made .......[ mmm/dd/yyyy ]...........................

[ ] the agreement dated .......[ mmm/dd/yyyy ]...................

[ ] compliance with the determination of a parenting coordinator dated .....[ mmm/dd/yyyy ]......

[ ] A review of a filed agreement or order respecting spousal support or maintenance under the Family Law Act or the Family Relations Act

[ ] An order determining whether there are arrears owing under a support order made under the Family Law Act or under a support or maintenance order made under the Family Relations Act and, if so, the amount of those arrears

[ ] Other order ( specify ) ...............................................................................................................

Details of order(

s) requested:

.........................................................................................................................................................

.........................................................................................................................................................

________________________________________________________________________________________________

NOTICE: If you do not appear, the Court may make an order in your absence.

[ ] Any affidavits in support of this notice of motion are attached.

________________________________________________________________________________________________

Dated ..........[ mmm/dd/yyyy ]...........

.........................................................................

Name of lawyer of party bringing the motion

Signature ..................................................................

35 Form 18 is amended by striking out " Form 18 ( Rule 14 (1) (a) ) " and substituting " Form 18 ( Rule 14 (1.1) (a) ) ".

36 Form 19 is amended by striking out " Form 19 ( Rules 4 (3) and 14 (1) (b) ) " and substituting " Form 19 ( Rules 4 (3) and 14 (1.1) (b) ) ".

37 Form 20 is amended

(

a) by striking out " Form 20 ( Rule 14 (1) (c) ) " and substituting " Form 20 ( Rule 14 (1.1) (c) ) ",

(

b) by striking out the following:

(For custody, access, guardianship and child maintenance orders, include the following):

and substituting the following:

(For guardianship, parenting arrangements, contact with a child and child support orders, include the following): ,

(

c) by striking out the following:

(specify terms of custody, access and guardianship orders).

and substituting the following:

(specify terms of orders for guardianship, parenting arrangements or contact with a child). ,

(

d) by striking out " child maintenance orders " wherever it appears and substituting " child support orders ", and

(

e) by striking out " Family Relations Act " in both places and substituting " Family Law Act ".

38 Form 21 is repealed.

39 Form 22 is repealed and the following substituted:

Form 22 (Rule 16 (3))

APPLICATION TO RECOGNIZE AN EXTRAPROVINCIAL ORDER FOR GUARDIANSHIP, PARENTING ARRANGEMENTS OR CONTACT

Court File No. ..............................

Court Location ..............................

In the Provincial Court of British Columbia

In the case between:

.............................................................................[ name ]......................................................................................

and

.............................................................................[ name ]......................................................................................

________________________________________________________________________________________________

Filed by:

Name ..............................................................................................................

(Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.)

Address .....................................................................................................

City ........................................... Province .................... Postal Code .................................

Phone ........................................ Fax ............................ E-mail ..................................................................

Notice to:

Name .........................................................................................................

Address .......................................................................................................

City ........................................... Province .................... Postal Code .................................

Phone ........................................ Fax .............................

________________________________________________________________________________________________

I am asking for recognition of an order of an extraprovincial tribunal made on ......[ mmm/dd/yyyy ]...... at ...............................[ court location ]..................................... respecting guardianship, parenting arrangements or contact with a child or an order that is similar in nature.

A certified copy of the order is attached.

________________________________________________________________________________________________

Dated ..........[ mmm/dd/yyyy ]...........

.........................................................................

Applicant's lawyer

Signature ..................................................................

40 Form 23 is amended by striking out " written agreement filed under the Family Relations Act (section 121) ) " and substituting " filed agreement. "

41 Form 24 is amended

(

a) by striking out the following:

[ ] an order that the Director of Maintenance Enforcement direct the Insurance Corporation of British Columbia to disregard a notice not to issue or renew the driver's licence of a debtor under

section 29.2 (2) of the Family Maintenance Enforcement Act .

[ ] another order, as follows: ................................................................................................................................

and substituting the following:

[ ] an order under

section 29.2 (2) of the Family Maintenance Enforcement Act that the Director of Maintenance Enforcement direct the Insurance Corporation of British Columbia to disregard a notice not to issue or renew the driver's licence of a debtor or a notice not to issue or renew the licence and corresponding number plates for any motor vehicle or trailer owned by a debtor.

[ ] another order ( specify ) ................................................................................................................ , and

(

b) by striking out " Notice to respondent: If you do not appear, the Court may make an order in your absence. " and substituting " NOTICE: If you do not appear, the Court may make an order in your absence. "

42 Form 25 is repealed and the following substituted:

Form 25 (Rule 18 (2.1) (a))

PROTECTION ORDER

Court File No. ..............................

Court Location ..............................

In the Provincial Court of British Columbia

In the case between:

.............................................................................[ name ]......................................................................................

and

.............................................................................[ name ]......................................................................................

________________________________________________________________________________________________

BEFORE THE HONOURABLE JUDGE

.............day, the .............. day

of ........................., ....[ yyyy ]....

Persons appearing:

.......................................................

Lawyer:

.....................................................................

.......................................................

Lawyer:

.....................................................................

[ ] By Consent [ ] Without notice to others

________________________________________________________________________________________________

( if applicable ) [ ] After a hearing at .............[ court location ].............. the order dated ......[ mmm/dd/yyyy ]...... is changed as stated below:

________________________________________________________________________________________________

(Select one or more of the 10 following provisions, as applicable, complete the selected provision(

s) and remove the provisions(

s) that is/are not selected so that it/they do(es) not appear in the draft order when submitted for filing.)

THIS COURT ORDERS, under

section 183 of the Family Law Act , that........[ full name and date of birth of person restrained ]............................... is restrained from directly or indirectly communicating with or contacting .........................[ set out full name(

s) of protected person(s) ]................................................. .

THIS COURT ORDERS, under

section 183 of the Family Law Act , that........[ full name and date of birth of person restrained ]...... is restrained from attending at, nearing or entering .........................[ set out place(

s) where person is not to attend ]................................................. .

THIS COURT ORDERS, under

section 183 of the Family Law Act , that........[ full name and date of birth of person restrained ]...... is restrained from following.........................[ set out full name(

s) of protected person(s) ] ................................................. .

THIS COURT ORDERS, under

section 183 of the Family Law Act , that........[ full name and date of birth of person restrained ]...... is restrained from possessing a weapon or firearm.

THIS COURT ORDERS, under

section 183 of the Family Law Act , that........[ full name and date of birth of person restrained ]...... must not communicate with .........................[ set out full name(

s) of protected person(s) ]............. other than as follows: .................[ specify ]................... .

THIS COURT ORDERS, under

section 183 of the Family Law Act , that........[ full name and date of birth of person restrained ]...... must report to the court [or to ...............[ specify person(s) ]................] as follows: .................... [ specify ].................. .

THIS COURT ORDERS that any police officer, including any R.C.M.P. officer having jurisdiction in the province of British Columbia, who is provided with a copy of this order is directed to remove ........[ full name and date of birth of person restrained ]...... from ...............[ location ]..................... immediately [ or within a specified period of time ].

THIS COURT ORDERS that any police officer, including any R.C.M.P. officer having jurisdiction in the province of British Columbia, who is provided with a copy of this order is directed to accompany ........[ full name and date of birth of person ]...... to ................[ location ]..................... as soon as practicable [ or within a specified period of time ] to supervise the removal of his/her personal belongings.

THIS COURT ORDERS that any police officer, including any R.C.M.P. officer having jurisdiction in the province of British Columbia, who is provided with a copy of this order is directed to seize from ........[ full name and date of birth of person from whom seizure is to be made ]...... any weapons or firearms and related documents.

THIS COURT ORDERS that this order expires on ........[ mmm/dd/yyyy ].......... .

( Add any further terms of protection order. )

Dated ..........[ mmm/dd/yyyy ] ..........

..................................................................

by the Court

Checked by

....................

Initials

DISOBEYING THIS ORDER IS A CRIMINAL OFFENCE UNDER

SECTION 127 OF THE CRIMINAL CODE PUNISHABLE BY FINE OR IMPRISONMENT

TAKE NOTICE THAT any police officer, including any R.C.M.P. officer having jurisdiction in the province of British Columbia, having reasonable and probable grounds to believe that the person against whom this order is made has contravened a term of this order may take action to enforce the order, whether or not there is proof that the order has been served on the person and, if necessary, may use reasonable force. Enforcement action may include arresting the person against whom this order is made without warrant in accordance with

section 495 of the Criminal Code .

AND TAKE NOTICE THAT if no expiry date is ordered in relation to this order, this order expires one year after the date it is made.

43 The following form is added:

Form 25.1 (Rule 18 (2.1) (b))

RESTRAINING ORDER UNDER FAMILY MAINTENANCE ENFORCEMENT ACT

Court File No. ..............................

Court Location ..............................

In the Provincial Court of British Columbia

In the case between:

.............................................................................[ name ]......................................................................................

and

.............................................................................[ name ]......................................................................................

________________________________________________________________________________________________

BEFORE THE HONOURABLE JUDGE

.............day, the .............. day

of ........................., ....[ yyyy ]....

Persons appearing:

.......................................................

Lawyer:

.....................................................................

.......................................................

Lawyer:

.....................................................................

[ ] By Consent [ ] Without notice to others

________________________________________________________________________________________________

THIS COURT ORDERS THAT:

pursuant to

section 46 (1) (

a) of the Family Maintenance Enforcement Act , ................[ name(

s) of party(ies) ]....... is restrained from molesting, annoying, harassing or communicating with, or attempting to molest, annoy, harass or communicate with, .................................[ name(s) ].................................;

Further details of restraining order:

..........................................................................................................................................................

..........................................................................................................................................................

..........................................................................................................................................................

( Complete if applicable. ) [ ] Order to expire on.............[ mmm/dd/yyyy ]..............

Dated ..........[ mmm/dd/yyyy ] ...........

..................................................................

by the Court

Checked by

....................

Initials

TAKE NOTICE THAT any police officer, including any R.C.M.P. officer having jurisdiction in the province of British Columbia, who finds the party ..............[ name(

s) of party(ies) ]..................................... breaching any of the terms of this restraining order may immediately arrest that party without warrant in accordance with

section 495 of the Criminal Code .

44 Form 26 is amended

(

a) by striking out " Form 26 ( Rule 18 (2) (b) ) " and substituting " Form 26 ( Rule 18 (3.1) (c) ) ", and

(

b) by striking out " (ex parte) ".

45 Form 27 is amended by striking out the following:

________________________________________________________________________________________________

Dated .......[ mmm/dd/yyyy ]...... Signature of party......................................................

Address ..................................................................................................... City ...................................................

Province ............................ Postal Code ................................. Phone ................................... Fax ........................

________________________________________________________________________________________________

Dated ......[ mmm/dd/yyyy ]...... Signature of party......................................................

Address ..................................................................................................... City ...................................................

Province ............................ Postal Code ................................. Phone ................................... Fax ........................

and substituting the following:

________________________________________________________________________________________________

Dated ..........[ mmm/dd/yyyy ]........... Signature of party .....................................................

(Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.)

Address .....................................................................................................

City ........................................... Province .................... Postal Code .................................

Phone ................................... Fax ........................ E-mail ............................................................................

________________________________________________________________________________________________

Dated ..........[ mmm/dd/yyyy ]........... Signature of party .....................................................

(Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.)

Address .....................................................................................................

City ........................................... Province .................... Postal Code .................................

Phone ................................... Fax ........................ E-mail ............................................................................

46 Form 28 is repealed.

47 Form 31 is amended

(

a) in

section 2 by striking out "

section 10 of the Family Relations Act " and substituting "

section 219 of the Family Law Act ",

(

b) by adding the following section:

5.1 [ ] This application is for a matter related to the Convention on the Civil Aspects of International Child Abduction signed at The Hague on October 25, 1980. (In these cases the requirement does not apply to either the applicant or the respondent.) , and

(

c) by striking out the following:

For Applicants. If you are:

— applying for a child custody, access, guardianship or child support order in the Abbotsford, Campbell River, Chilliwack, Courtenay, Kamloops, Kelowna, Nanaimo, New Westminster, North Vancouver, Penticton, Port Coquitlam, Prince George, Richmond, Surrey, Vancouver (Robson Square), Vernon or Victoria registry of the Provincial Court, or

— applying to change an existing child custody, access, guardianship or child support order in these courts,

and substituting the following:

For Applicants. If you are:

— applying for an order for guardianship, parenting arrangements or contact with a child or a child support order in the Abbotsford, Campbell River, Chilliwack, Courtenay, Kamloops, Kelowna, Nanaimo, New Westminster, North Vancouver, Penticton, Port Coquitlam, Prince George, Richmond, Surrey, Vancouver (Robson Square), Vernon or Victoria registry of the Provincial Court, or

— applying to change, suspend or terminate an existing order for guardianship, parenting arrangements or contact with a child or a child support order in these courts, .

48 The following form is added:

Form 33 (Rule 22 (6))

ELECTRONIC FILING STATEMENT

Court File No. ..............................

Court Location ..............................

F.M.E.P. File No. ..............................

In the Provincial Court of British Columbia

In the case between:

.............................................................................[ name ]......................................................................................

and

.............................................................................[ name ]......................................................................................

( Check whichever one of the following boxes is correct and complete the required information. )

[ ] I, .................[ name ]....................., am the lawyer acting for .......................[ name(

s) of party(ies) ] ......................................... .

[ ] I, .................[ name ]....................., am not represented by a lawyer.

I advise as follows:

1 The .....................[ type and identifying description of document ].................... is being submitted for filing electronically [ add the following if applicable ] on behalf of the ....................[ party(ies) ].................., ....................[ name(

s) of party(ies) ].............. .

2 The original paper version of the document being submitted for filing electronically appears to bear an original signature of the person identified as the signatory and I have no reason to believe that the signature placed on the document is not the signature of the identified signatory.

3 The version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and I have no reason to believe that it is not a true copy of the original paper version.

Dated ..........[ mmm/dd/yyyy ]........... Signature ................................................................

Copyright © 2012: Queen's Printer, Victoria, British Columbia, Canada