British Columbia Order in Council — Amendment to Provincial Court (Family) Rules (O.C. 525/2020)

O.C. 525/2020

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria page 1 with attachments (157 pages in total) 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 cons ent of the Executive Council , orders that, effective December 7, 2020, (

a) the Provincial Court (Family) Rules, B.C. Reg. 417/98, are amende d as set out in the attached

Schedule 1, and (

b) the Provincial Court Family Rules, B.C. Reg. 120/2020, are amended as set out in the attached

Schedule 2. Attorney General Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Court Rules Act, R.S.B.C. 1996, c. 80, s. 1 Other: O.C.s 1444/98; 287/2020 R10441361 525 September 20, 2020

page 2 with attachments (157 pages in total)

SCHEDULE 1 1 Rule 1 (2) of the Provincial Court (Family) Rules, B.C. Reg. 417/98, is amended in the definition of “family justice registry” by striking out “Nanaimo, Surrey or Vancouver (Robson Square) registry ” and substituting “ Nanaimo or Vancouver (Robson Square) registry”. 2 Rule 5.01 (1) is amended (

a) by repealing the definition of “early resolution and ca se management registry” and substituting the following: “early resolution and case management registry” means the Surrey or Victoria registry; , (

b) by repealing the definition of “extraordinary parenting matter”, (

c) by adding the following definition: “Family Law Act Regulation” means the Family Law Act Regulation, B.C. Reg. 347/2012; , (

d) by repealing paragraph (

a) of the definition of “family law matter” and substi- tuting the following: (

a) parenting arrangements, including pa rental responsibilities and parenting time; , and (

e) by adding the following definition: “priority parenting matter” means any of the following matters: (

a) giving, refusing or withdrawing cons ent, by a guardian, to medical, dental or other health-related treatments for a child, if delay will result in risk to the health of the child; (

b) applying, by a guardian, for (

i) a passport, licence, permit, benefi t, privilege or other thing for a child, if delay will result in risk of harm to the child’s physical, psychological or emotional safety, security or well-being, or (ii) travel with a child or participati on by a child in an activity if consent to the travel or activity is requi red and is alleged to have been wrongfully denied; (

c) relating to change in location of a ch ild’s residence, or a guardian’s plan to change the location of a child’s residence, if (

i) no written agreement or order respecting parent ing arrangements applies in respect of the child, and (ii) the change of residence can re asonably be expected to have a significant impact on the child’s relationship with another guardian; (

d) relating to the removal of a child under

section 64 [orders to prevent removal of child] of the Family Law Act;

page 3 with attachments (157 pages in total) (

e) determining matters relating to inte rjurisdictional issu es under

section 74 (2) (c) [determining whether to act under

Part 4 – Care of and Time with Children] of the Family Law Act; (

f) relating to the alleged wrongful removal of a child under

section 77 (2) [wrongful removal of child] of the Family Law Act; (

g) relating to the return of a child a lleged to have been wrongfully removed or retained under the Convention on the Ci vil Aspects of International Child Abduction signed at the Hague on October 25, 1980. 3 Rule 5.01 (3) (c) (ii) is repealed and the following substituted: (ii) priority parenting matters; . 4 Rule 5.01 (5) is amended by striking out “ an extraordinary parenting matter” and substi- tuting “a priority parenting matter”. 5 Rule 5.01 (6) is repealed and the following substituted: When Early Resolution and Case Management Model does not apply

(6) The Early Resolution and Case Management Model does not apply (

a) to matters in a court file, if the court file is transferred to a registry that is not an early resolution and case management registry, (

b) to an application to obtain an order in an early resolution and case management registry, if the applic ation was made before the registry became an early resolution and case management registry, (

c) to an application respecting existi ng orders or agreements in an early resolution and case management regi stry, if the application was made before the registry became an ear ly resolution and case management registry, or (

d) to a notice of motion filed in an early resolution and case management registry, if the notice of motion was filed before the registry became an early resolution and case management registry. 6 Rule 21 (1) is amended in the definition of “designated registry” by striking out “Surrey,”. 7

Section 5 of Appendix B is amended by striking out “ Before filing a family law matter claim under

Part 3 [Applying for Orders about Family Law Matters] ” and substituting “Before filing an application about a family law matter under

Part 3 [Application about Family Law Matters]”. 8

Section 7 of Appendix B is amended (

a) in paragraph (

b) by striking out “ an extraordinary parenting matter ” and substi- tuting “a priority parenting matter”, and (

b) by striking out “ the extraordinary parenting matter ” and substituting “ the priority parenting matter”.

page 4 with attachments (157 pages in total) 9

Section 9 (1) of Appendix B is re pealed and the following substituted:

(1) The parties must meet the requirement s of subsection (2) if no application about a family law matter has been filed and mo re than one year has passed since the latest date on which one of the parties took any of the following steps in the case: (

a) filed a notice to resolve a family law matter in Form A [Notice to Resolve a Family Law Matter] of Appendix C; (

b) participated in a needs assessment; (

c) completed a parenting education program; (

d) participated in a consensual dispute resolution session. 10

Section 10 of Appendix B is amended (

a) in paragraph (

e) by striking out “ assessment about” and substituting “ assessment of”, and (

b) in paragraph (

f) by striking out “ assessment about whet her there is a risk ” and substituting “assessment of any risk”. 11

Section 12 of Appendix B is amended by repealing paragraphs (

d) and (

f) and substi- tuting the following: (

d) that party cannot access the online version, (

f) that party cannot complete an online version due to literacy challenges, or . 12 The heading to

Part 3 of Appendix B is repealed and the following substituted:

PART 3 – A PPLICATION ABOUT FAMILY LAW MATTERS . 13 The heading to Division 1 of

Part 3 of Appe ndix B is repealed and the following substi- tuted: Division 1 – Applying for Family Law Matter Orders . 14

Section 15 of Appendix B is repe aled and the following substituted: Applying for orders about family law matters 15

(1) In this section, “order about a family law matter” means an order about any of the following: (

a) for a new order about a family law matter; (

b) an order to change or cancel all or part of an existing final order about a family law matter; (

c) an order to set aside or replace all or part of a written agreement about a family law matter.

(2) To apply for an order about a family law matter in an early resolution registry, a party must

page 5 with attachments (157 pages in total) (

a) meet the applicable early resoluti on requirements described in

section 5 [early resolution requirements], and (

b) after having met the early resoluti on requirements, file and serve on each other party an application about a family law matter in Form C [Application About a Family Law Matter] of Appendix C. 15

Section 16 of Appendix B is repealed. 16

Section 17 of Appendix B is repe aled and the following substituted: Additional requirements when applying for certain orders 17

(1) A party must file the fo llowing additional documents with an application about a family law matter: (

a) for an order about an existing orde r or written agreement, a copy of the existing order or written agreement; (

b) for an order about child support, a financial statement in Form D [Financial Statement] of Appendix C and any information or documents required by the child support guidelines; (

c) for an order about spousal support, a financial statement in Form D of Appendix C.

(2) In addition to filing the additional do cuments under subsec tion (1), a party applying for an order about being appointed as a guardian must (

a) file the following additional documen ts with the party’s application: (

i) a Consent for Child Protection Record Check in Form 5 under the Family Law Act Regulation; (ii) a request, in the form provided by the registry, to search the protection order registry, and (

b) certify on the application that the party has initiated a criminal record check. 17 The following

section is added to Appendix B: Additional documents required when applying for orders about guardianship 17.1

(1) A party making an application for an order about guardianship under

section 51 [orders respecting guardianship] of the Family Law Act, including an application for a consent order for guardianship, must file an affidavit in Form 34 [Affidavit] of Appendix A with the following exhibits attached: (

a) a record check from the Ministry of Children and Family Development; (

b) a child protection order record check from the protection order registry; (

c) a criminal record check.

(2) The documents referred to in subsection (1) must be filed and served on each other party (

a) at least 7 days before the date set for the court appearance of the application if no trial preparation conference is scheduled, or

page 6 with attachments (157 pages in total) (

b) at least 7 days before the date of th e trial preparation conference if a trial preparation conference is scheduled.

(3) The following periods apply in rela tion to the documents referred to in subsection (1): (

a) an affidavit referred to in subsecti on (1) must be sworn no more than 7 days before the date the affidavit is filed; (

b) the record checks referred to in s ubsections (1), (a), (

b) and (

c) must be dated within 60 days before the date that the record check is filed. 18 Sections 18 of Appendix B is repealed and the following substituted: Serving application about family law matter 18

(1) If a party is applying for an order about a family law matter under

section 15 [applying for orders about family law matters] , the party must ensure the personal service of the application about the family law matter by having an adult who is not a party leave a copy of the following documents with the party who is to be served: (

a) the application about the family law matter; (

b) instructions, in the form provided by the registry, about the following: (

i) how to file a reply; (ii) how to obtain Form F [Reply to an Application About a Family Law Matter (with Counter Application)] of Appendix C for filing a reply; (

c) any applicable additional documen ts, as described in sections 17 [additional requirements when applying for certain orders] and 17.1 [additional documents required when applying for orders about guardianship].

(2) If a certificate of service is require d under these rules, an adult who serves documents under subsection (1) must complete a certificate of service in Form E [Certificate of Service] of Appendix C and provide it to the party who filed the application about the family law matter.

(3) If a reply is not filed under Division 2 wi thin 30 days of service of an application about a family law matter under subsection (1), the party applying for an order about a family law matter must file the certificate of service. 19 The header of Division 2 of

Part 3 of Appe ndix B is repealed and the following substi- tuted: Division 2 – Family Law Matter Reply and Counter Application . 20

Section 19 of Appendix B is repe aled and the following substituted: After receipt of application about family law matter 19

(1) When a party is served with an applic ation about a family law matter, the party may reply to the application about a family law matter, as described in

section 21 [reply to application about family law matter].

page 7 with attachments (157 pages in total)

(2) If the party served with an applicati on about a family law matter does not reply, the consequences described in

section 23 [if no reply filed] apply. 21

Section 20 of Appendix B is amended by striking out “ a family law matter claim ” and substituting “an application about a family law matter”. 22 Sections 21 and 22 of Appendix B are repealed and the following substituted: Reply to application about family law matter 21 If a party is served with an application about a family law matter and replies, (

a) the party must file a completed reply in Form F [Reply to an Application About a Family Law Matter] of Appendix C within 30 days after the date that the party is served the application about the family law matter, (

b) the party may, in the reply, do any of the following: (

i) agree with one or more of the or ders applied for in the application about the family law matter; (ii) disagree with one or more of the orders applied for in the application about the family law matter; (iii) make a counter application in accordance with

section 22, and (

c) if the application about the family law matter involves child support or spousal support, the party must file a financial statement in Form D [Financial Statement] of Appendix C. Applying for counter application 22

(1) In a reply, a party may in clude a counter application to apply for an order about a different family law matter that was not included in the application about a family law matter.

(2) If the counter application involves an ex isting agreement or order, child support, spousal support or appointment of a guardia n, the party must file any applicable additional documents, as described in

section 17 [additional requirements when applying for certain orders]. 23

Section 24 of Appendix B is amended by striking out “hearing” and substituting “court appearance”. 24

Section 26 of Appendix B is repe aled and the following substituted: Replying to counter application 26 A party may reply to a counter application by filing and serving a reply to the counter application in Form G [Reply to a Counter Application] of Appendix C within 30 days after the date that the party receives the reply with counter application. 25

Section 28 of Appendix B is amended by striking out “ a family law matter claim ” and substituting “an application about a family law matter”. 26

Section 31 (

a) and (

e) of Appendix B is repealed and the following substituted:

page 8 with attachments (157 pages in total) (

a) information provided in an application about a fa mily law matter, reply or reply to counter application, if any; (

e) submissions. 27

Section 32 (1) of Appendix B is repealed and the following substituted:

(1) A notice of intention to proceed with an application about a family law matter must be filed in accordance with subsection (2) if (

a) a party has filed an applic ation about a family law matter, (

b) there is no final order in re spect of the application, and (

c) more than one year has passed sinc e the parties have taken any step under these rules. 28

Section 33 of Appendix B is amended by striking out “ a family law matter claim ” and substituting “an application about a family law matter”. 29

Section 34 of Appendix B is repe aled and the following substituted: Scheduling family management conference if no reply filed 34 If an application about a family law matter has been filed and a reply has not been filed and, based on the certificate of service, at least 30 days have passed since the application about a family law matter was served, the registry must provide the party who filed the application about a family law matter with information about the procedure for scheduling the family management conference. 30 Sections 36 (

a) and (

b) and 37 (

a) and (

b) of Appendix B are amended by striking out “an allocation of”. 31

Section 42 of Appendix B is amended (

a) in subsection (1) (

d) by striking out “ Form 4” and substituting “Form D [Financial Statement] of Appendix C”, and (

b) in subsection (2) by striking out “date set for the hearing” and substituting “date set for the court appearance”. 32

Section 43 of Appendix B is amended (

a) in subsection (1) by striking out “ without an appearance or without notice to any other parties ” and substituting “ without notice to any other parties or without attending before the court”, and (

b) in subsection (2) by striking out “ without notice or an appearance” and substituting “without notice or attendance”. 33 The following

section is added to

Part 5 of Appendix B:

page 9 with attachments (157 pages in total) Replying to applications for case management orders 43.1

(1) If a party is served with an applicatio n under this Part and chooses to reply, the party (

a) must attend court on the date and time referred to in the application for the court appearance, and (

b) may file a written response in re ply to the application in Form Q [Written Response to Application] of Appendix C.

(2) If a party chooses to file a written re sponse in reply under subsection (1) (b), the party must file and serve the written response on each other party before the date referred to in the application for the court appearance. 34 Sections 45 and 46 of Appendix B are repealed and the following substituted: Applying for Family Law Act protection orders or to change or terminate protection orders – with notice 45

(1) A person who is applying for an or der about the following must file an application about a protection order in Form K [Application about a Protection Order] of Appendix C and any supporting evidence or documents: (

a) a protection order under

section 183 [orders respecting protection] of the Family Law Act; (

b) to change a term or condition of, or to terminate, a protection order under

section 187 [changing or terminating or ders respecting protection] of the Family Law Act.

(2) If a person is applying for an order ab out a protection order under subsection (1), the person must ensure the personal se rvice of the application and supporting evidence or documents by having an adult who is not a party leave a copy of the application and the supporting evidence or documents with the other party at least 7 days before the date referred to in the application for the court appearance.

(3) The adult who serves the applicatio n under subsection (2) must complete a certificate of service in Form E [Certificate of Service] of Appendix C and provide it to the person applying for an order about a protection order. Applying for Family Law Act protection orders or to change or terminate protection orders – without notice 46

(1) A person who is applying for an order about the following, without notice, must file an application about a protection order in Form K [Application about a Protection Order] of Appendix C, and any supporting evidence or documents: (

a) a protection or der under

section 183 [orders respecting protection] of the Family Law Act; (

b) to change a term or condition of, or to terminate, a protection order under

section 187 [changing or terminating orde rs respecting protection] of the Family Law Act.

(2) A person who is applying for an order about a protection order under subsection (1) must include with the app lication a statement of the reasons why the application is being made without notice.

page 10 with attachments (157 pages in total) 35

Section 47 of Appendix B is amended by striking out “

section 46 ” and substituting “section 45 [applying for Family Law Act protection orders or to change or terminate protection orders – with notice] or 46 [applying for Family Law Act protection orders or to change or terminate protection orders – without notice]”. 36

Section 48 of Appendix B is amended by striking out “ If a judge changes an existing protection order” and substituting “If a judge changes a term or condition of an existing protection order”. 37 Sections 49 and 50 of Appendix B are repealed and the following substituted: What happens if protection order is made or changed 49 If a judge makes or changes a protection order in accord ance with this Division, a clerk must, as soon as possible, (

a) prepare the protection order, unless the judge directs otherwise, (

b) provide a copy of the protection or der to the protection order registry, (

c) arrange service or provide a copy of the protection order on or to the party against whom the protection order was made or changed, as follows: (

i) if that party is present when the order is made or changed, provide the party with the protection order; (ii) if that party is not present when the order is made or changed, arrange for the personal service of the pr otection order on that party within British Columbia; (iii) if the registry is unable to ar range service under subparagraph (ii) or that party is evading service, notify the person who obtained the order and that person would subsequently be responsible for service, and (

d) provide a copy of the protection or der to the person who applied for the order. What happens if protection order is terminated 50 If a judge terminates a protection order, a clerk must (

a) prepare the order terminati ng a protection order in Form L [Order Terminating a Protection Order] of Appendix C, unless the judge directs otherwise, (

b) provide a copy of the termination orde r to the protection order registry, and (

c) provide a copy of the term ination order to all parties. 38

Section 52 of Appendix B is repe aled and the following substituted: No limitation on protection order applications 52 A person may make subsequent applications about protection orders, including in the following circumstances: (

a) an earlier application for a protection order was denied or dismissed; (

b) the protection order has expired; (

c) the protection order has be en changed or terminated.

page 11 with attachments (157 pages in total) 39 The heading to Division 2 of

Part 6 of Appe ndix B is repealed and the following substi- tuted: Division 2 – Orders about Priority Parenting Matters . 40 Sections 53 to 57 of Appendix B are amended by striking out “ an extraordinary parenting matter” wherever it appears and substituting “a priority parenting matter”. 41

Section 55 of Appendix B is amended (

a) in paragraph (

a) by striking out “date set for the hearing” and substituting “date set for the court appearance”, and (

b) in paragraphs (

b) and (

c) by striking out “address for delivery” wherever it appears and substituting “address for service”. 42

Section 56 (2) (

a) of Appendix B is amended by striking out “hearing” and substituting “court appearance”. 43

Section 58 of Appendix B is repe aled and the following substituted: Applying for orders about relocation 58

(1) This

section applies if (

a) a party is applying for an order under

section 69 [orders respecting relocation] of the Family Law Act prohibiting the relocation of a child, and (

b) a written agreement or order referred to in

section 65 [definition and appli- cation] of the Family Law Act respecting parenting arrangements or contact with the child applies to the child.

(2) A party who is applying for an order under

section 69 of the Family Law Act prohibiting the relocation of a child must file and serve the following on each other party, at least 7 days before the da te referred to in the application for the court appearance: (

a) an application for an order prohibiti ng the relocation of a child in Form O [Application for Order Prohibiti ng the Relocation of a Child] of Appendix C; (

b) a copy of the applicable written agreem ent or order referred to in

section 65 of the Family Law Act; (

c) a copy of, or the details about, the notice of relocation described in

section 66 [notice of relocation] of the Family Law Act. 44

Section 59 of Appendix B is amended (

a) by striking out “ hearing” and substituting “court appearance”, and (

b) by repealing paragraph (

c) and substituting the following: (

c) any applicable additiona l documents, as described in (

i) section 17 [additional requirements when applying for certain orders], and

page 12 with attachments (157 pages in total) (ii)

section 17.1 [additional documents required when applying for orders about guardianship], in accordance with that section. 45 Sections 61 and 62 of Appendix B are repealed. 46

Section 65 of Appendix B is repe aled and the following substituted: Applying for orders about enforcement 65 A party who is applying for an order about any of the following must file and serve on each other party, at least 7 da ys before the date referred to in the application for the court appearance, an applicati on about enforcement in Form P [Application About Enforcement] of Appendix C, including a copy of the agreement, determination or order to be enforced: (

a) enforcing a filed written agreement or order, including enforcing the written agreement or order through a court order under any of the following sections of the Family Law Act: (

i) section 61 [denial of parenting time or contact]; (ii)

section 63 [failure to exercise parenting time or contact]; (iii)

section 228 [enforcing orders respecting conduct]; (iv)

section 230 [enforcing orders generally]; (

v) section 231 [extraordinary remedies]; (

b) enforcing, changing or setting asid e a filed determination of a parenting coordinator; (

c) setting reasonable and necessarily incurred expenses under any of the following sections of the Family Law Act: (

i) section 61; (ii)

section 63; (iii)

section 212 [orders respecting disclosure]; (iv)

section 213 [enforcing orders respecting disclosure]; (

v) section 228; (vi)

section 230; (

d) determining whether arrears are ow ing under a support order or agreement made under the Family Law Act and, if so, the amount of the arrears. 47 The following Division is adde d to

Part 6 of Appendix B: Division 6 – Replying to A pplications for Other Orders Replying to applications for other orders set out in this

Part 66

(1) If a party is served with an applicatio n under this Part and chooses to reply, the party (

a) must attend court on the date and time referred to in the application for the court appearance, and

page 13 with attachments (157 pages in total) (

b) may file a written response in re ply to the application in Form Q [Written Response to Application] of Appendix C.

(2) If a party chooses to file a written re sponse in reply under subsection (1) (b), the party must file and serve the written response on each other party before the date referred to in the application for the court appearance. 48 The following

Part is added to Appendix B:

PART 7 – R EQUEST FOR CONFERENCE OR HEARING Requesting conference or hearing 67

(1) If any of the following circumstances ap ply, a party may request that a court appearance be scheduled and must file and serve on each other party a request for scheduling in Form R [Request for Scheduling] of Appendix C: (

a) the matter was adjourned by th e court without setting a new date; (

b) the matter was struck fr om the court list by the court; (

c) a party was referred to a program, professional or resource, or required to attend, participate or complete a requirement, by the court; (

d) a party was required by the court to address a deficiency under these rules; (

e) a review of the terms of the or der was provided for in the order; (

f) a party is applying to change, suspend or cancel an interim order under

section 216 (3) [court may make interim orders] of the Family Law Act; (

g) a party is applying for an in terim order under

section 216 or 217 [interim orders before changing, susp ending or terminating orders] of the Family Law Act after attendance at a family management conference.

(2) A party requesting that a court appear ance be scheduled must serve the form under subsection (1) on each other party at least 7 days before the date referred to in the application for the court appearance. 49 Appendix C is repealed and the attached Appendix C substituted. Transition – amendment by this regulation to 21 day timeline 50 If, in respect of a matter under the Provincial Court (Family) Rules, the 21 day period referred to in

section 18 (3), 21 (

a) or 34 of Appendix B of the Provincial Court (Family) Rules, as that

section read immediately before being amended by this regulation, ends on or after December 7, 2020, the 30 day period referred to in that section, as amended by this regulation, applies to the matter instead. Transition – amendment by this regulation to 14 day timeline 51 If, in respect of a matter under the Provincial Court (Family) Rules, the 14 day period referred to in

section 26 of Appendix B of the Provincial Court (Family) Rules, as that

section read immediately before being ame nded by this regulation, ends on or after December 7, 2020, the 30 day period referred to in that section, as amended by this regulation, applies to the matter instead.

page 14 with attachments (157 pages in total) Transition – family justice registry requirements continue to apply 52 Despite the amendment made by

section 1 of

Schedule 1 of this regulation to the definition of “family justice registry” in rule 1 (2) of the Provincial Court (Family) Rules, if rule 5 of the Provincial Court (Family) Rules applied to an application in the Surrey registry before December 7, 2020, th at rule continues to apply to the appli- cation. Transition – designated registry requirements continue to apply 53 Despite the amendment made by

section 6 of

Schedule 1 of this regulation to the definition of “designated registry” in rule 21 (1) of the Provincial Court (Family) Rules, if rule 21 of the Pr ovincial Court (Family) Rules applied to an application in the Surrey registry before December 7, 2020, that rule continues to apply to the appli- cation.

SCHEDULE 2 1 Rule 6 of the Provincial Court Family Rules, B.C. Reg. 120/2020, is amended (

a) in paragraph (

a) by striking out “ the Victoria registry is ” and substituting “ the Surrey and Victoria registries are”, and (

b) in paragraph (

b) by striking out “ Nanaimo, Surrey and Vancouver (Robson Square)” and substituting “Nanaimo and Vancouver (Robson Square)”. 2 Rule 9 is repealed and the following substituted: Early resolution registry 9 The rules set out in this Part apply in the following early resolution registries, as set out in rule 6 (a) [Parts that apply in certain registries]: (

a) Surrey; (

b) Victoria. 3 Rule 26 (1) (

b) is amended by adding “ child” before “protection order”. 4 Rule 26 (3) is amended (

a) in paragraph (

a) by striking out “ subrule (1) (a) ” and substituting “ subrule (1)”, and (

b) in paragraph (

b) by striking out “subrule (1) (

b) and (c)” and substituting “subrules (1) (a), (

b) and (c)”. 5 Rule 38 (

b) is amended by striking out “ 21 days” and substituting “30 days”. 6 Rule 87 is repealed and the following substituted:

page 15 with attachments (157 pages in total) Application of

Part 87 The rules set out in this Part apply in the following family justice registries, as set out in rule 6 (b) [Parts that apply in certain registries]: (

a) Kelowna; (

b) Nanaimo; (

c) Vancouver (Robson Square). 7 Rule 135 (

c) is repealed and the following substituted: (

c) setting reasonable and necessarily incurred expenses under any of the following sections of the Family Law Act: (

i) section 61; (ii)

section 63; (iii)

section 212 [orders respecting disclosure]; (iv)

section 213 [enforcing orders respecting disclosure]; (

v) section 228; (vi)

section 230; . 8 Form 35 [Application for Order Under the Family Maintenance Enforcement Act] is repealed and the following Form 35 substituted.

page 16 with attachments (157 pages in total) FORM 35 Registry location: Court File Number: FMEP Number: ܆This application is being made and/or filed on behalf of the party by the Family Maintenance Enforcement Program Notes: Application for Order Under the Family Maintenance Enforcement Act FORM 35 Provincial Court Family Rules Rule 142 1. My name is [full name of party]. My date of birth is [mmm/dd/yyyy].

My contact information and address for service of court documents is: Lawyer (if applicable): Address: City: Postal code: Email: Telephone: 2. ܆I understand I must give notice of this application to each other party. To give notice, they must be served with the application and supporting documents at least 7 days before the date set for the hearing unless the court allows the application to be made without notice or with less than 7 days’ notice. 3. The other party is [name of other party]. Their date of birth is [mmm/dd/yyyy or unknown].

Their contact information, as I know it, is: Lawyer (if applicable): Address: City: Postal Code: Email: Telephone: Additional party/person (complete only if applicable) Full name: Date of birth: [mmm/dd/yyyy] Contact information Lawyer (if applicable): Address: City: Postal code: Email: Telephone: For registry use only This application will be made to the court at [court registry, street address, city] on [date] at [time] a.m./p.m. NOTE TO THE OTHER PARTY/PERSON: If you do not attend court on the date and time above, the court may make an order in your absence.

For use by Family Maintenance Enforcement Program staff only

page 17 with attachments (157 pages in total) ABOUT THE ORDER 4.

I am applying for the following order(s): Select all options that apply ܆requiring the other party/person to provide to the director correspondence and/or searchable information ܆extending the time for filing a statement of finances with the court ܆requiring the debtor to file a statement of finances or other documents ܆ requiring the debtor to pay an am ount on failing to file a statement of finances or prescribed documents ܆providing that a corporation is jointly and separately liable with the debtor for payments required by the support order ܆requiring payment by an attachee who failed to pay in accordance with a notice of attachment or to respond in accordance with the regulations ܆providing that a notice of attachment has no ef fect because the attachee is no longer liable or that the notice of attachment contains or is based on a material error ܆changing an order made at a default hearing ܆changing the amount exempt from attachment under an attachment order or notice of attachment ܆setting aside an attachment order made under

section 24 of the Family Maintenance Enforcement Act ܆discharging or postponing the registration of a support order registered against land ܆requiring that the Director of Maintenance Enfor cement direct the Insurance Corporation of British Columbia to disregard a notice stating that the debtor is in default and that an action under

section 29.1 (1) of the Family Maintenance Enforcement Act is to be taken in relation to the debtor’s driver’s licence, the licence and corresponding number plates fo r any motor vehicle or trailer owned by the debtor ܆requiring security in any form from the debtor ܆requiring an individual or authorized representative of a corporation, partnership or proprietorship to attend a default hearing or committal hearing and to file financial information ܆restraining a person under

section 46 of the Family Maintenance Enforcement Act ܆requiring a restrained person to enter into a re cognizance and to report to the court, or a person named by the court 5. ☐ I am attaching a copy of the order, written agreement or determination this application is about 6. Select only one of the options below and complete the required information ܆I am filing an affidavit in support of this application ܆The facts on which this application is based are as follows: Give the facts you want the court to consider. Include why you are making this application and why you need the court to make the order. Be prepared to provide evidence at your court appearance.

APPENDIX C – EARLY RESOLUTION AND CASE MANAGEMENT MODEL FORMS

Registry location: Court File Number: Notice to Resolve a Family Law Matter FORM A Provincial Court (Family) Rules NOTE TO THE PARTIES: This Notice to Resolve a Family Law Matter has been filed with the Provincial Court of British Columbia. Before proceeding any further with your case, each party is required to meet the early resolution requirements described in the rules. If you do not resolve all family law matters during the early resolution process, either party can apply to the Provincial Court for a court order.

If you do not participate in the early resolution process, the other party will be allowed to proceed to the Provincial Court to ask for a court order. A party must have met the early resolution requirements before they will be allowed to file an Application About a Family Law Matter or Reply to an Application About a Family Law Matter in the case. 1. M y name i s [full name of party]. My date of birth is [mmm/dd/yyyy]. My contact information is: Lawyer (if applicable): Address: City: Province: Postal code: Email: Telephone: 2.

I would like help with the following family law matter(s): Select all options that apply ☐ parenting arrangements, including parental responsibilities and parenting time ☐ child support ☐ contact with a child ☐ guardianship of a child ☐ spousal support 3. ☐ I un derstand the following people must be provided a copy of the notice to resolve:  all parents and current guardians of each child who is the subject of the family law matter  my spouse, if I am applying for spousal support  each other adult who the family law matter is about They are the other party/parties in this case. 4.

The o ther party is [full name of other party]. Their date of birth is [mmm/dd/yyyy or unknown]. Their contact information, as I know it, is: Lawyer (if applicable): Address: City: Province: Postal code: Email: Telephone: Additional party (Complete only if applicable. You may leave this

section blank.) Full name: Date of birth: [mmm/dd/yyyy] Contact information Lawyer (if applicable): Address: City: Province: Postal code: Email: Telephone: 5. I am filing this form in the court registry: Select only one of the options below ☐ closest to where the child lives most of the time, because my case involves a child-related issue ☐ closest to where I live, because my case does not involve a child-related issue ☐ where my existing case with the same party/parties is located Appendix C – Early Resolution and Case Management Model Forms

WHAT YOU MUST DO 1. ☐ Contact Family Justice Services Division to

schedule your individual needs assessment. If you have already participated in some or all of the early resolution requirements within the last year, Family Justice Services Division will confirm you have met the early resolution requirements and prepare the required documents for the court.

Note: You may be contacted by a needs assessor if someone else has filed a Notice to Resolve a Family Law Matter and named you as the other party in that document. 2. ☐ Participate in a needs assessment A needs assessment is a one-on-one meeting with a needs assessor who is a neutral person trained to help people understand this process and other ways that are available to resolve their family law matter and other issues.

A needs assessor can provide some legal information, make referrals to supports, including legal advice, and help identify the next steps that are right for you. 3. ☐ Complete a parenting education course, unless you are exempt for one of the reasons identified in

section 12 of Appendix B. Your needs assessor will provide you with more information on the parenting education course right for you and how to complete it. 4. ☐ Participate in consensual dispute resolution, unless your needs assessor determines that it is not appropriate. Your needs assessor will provide you with more information on what consensual dispute resolution is, whether it is right for you, and the process for participating in it.

NOTE TO THE PARTIES: If you require a time sensitive order on a family law matter, you may be able to postpone participation in one or more of the early resolution requirements until after you have received your time sensitive order. Please speak to Family Justice Services Division or the court registry if this situation applies to you. Reminder: If you do not resolve all family law matters during the early resolution requirements, either party can file an application in the Provincial Court to request a court order.

If you do not participate in the early resolution requirements, the other party will be allowed to proceed to the Provincial Court to ask for a court order. A party must have met the requirements for early resolution before they will be allowed to file an Application About a Family Law Matter or Reply to an Application About a Family Law Matter in the case. Appendix C – Early Resolution and Case Management Model Forms [FJSD contact information]

Registry location: Court File Number: Notice of Intention to Proceed FORM B Provincial Court (Family) Rules 1. My name is [full name of party]. My date of birth is [mmm/dd/yyyy]. My contact information and address for service of court documents are: Lawyer (if applicable): Address: City: Province: Postal code: Email: Telephone: 2. ☐ More than one year has passed since the parties have taken any step in my case 3.

The last step completed in my case, by any party, was: Select only one of the options below and complete the required information ☐ filing of the Notice to Resolve a Family Law Matter on [mmm/dd/yyyy] ☐ participation in a needs assessment on [mmm/dd/yyyy] ☐ completion of a parenting education program on [mmm/dd/yyyy] ☐ participation in consensual dispute resolution on [mmm/dd/yyyy] ☐ filing of the Application about a Family Law Matter on [mmm/dd/yyyy] ☐ other (specify): on [mmm/dd/yyyy] 4. ☐ I understand I must give notice of my intention to proceed to each other party.

To give notice, they must be served or provided with a copy of this document. 5. The other party is [full name of other party]. Their date of birth is [mmm/dd/yyyy or unknown]. Their contact information and address for service, as I know it, are: Lawyer (if applicable): Address: City: Province: Postal code: Email: Telephone: Additional party (Complete only if applicable. You may leave this

section blank.) Full name: Date of birth: [mmm/dd/yyyy] Contact information and/or address for service Lawyer (if applicable): Address: City: Province: Postal code: Email: Telephone: NOTE TO OTHER PARTY: If the above contact information and/or address for service is not correct, you must file a Notice of Address Change in Form 11 and serve a copy of the notice on each other party. Appendix C – Early Resolution and Case Management Model Forms

WHAT YOU MUST DO If the last step identified in

section 3 was any of the following, you must participate in a needs assessment before you may take any further steps in your family law matter: • filing of the Notice to Resolve a Family Law Matter • participation in a needs assessment • completion of a parenting education program • participation in consensual dispute resolution ☐ Contact Family Justice Services Division to

schedule your individual needs assessment. [FJSD contact information] The Notice of Intention to Proceed must be provided to the other party. Note: You may be contacted by a needs assessor if someone else has filed a Notice of Intention to Proceed and named you as the other party in that document. If the last step identified in

section 3 was any of the following, you must attend a family management conference before you may take any further steps in your family law matter: • filing of the Application About a Family Law Matter • any other step ☐ Attend a family management conference The court registry will provide you information about how to

schedule your family management conference after you have filed the Certificate of Service to prove service of the Notice of Intention to Proceed on each other party. The Notice of Intention to Proceed must be served on the other party by ordinary service if there is an address for service on the court file for the party to be served, or by personal service if there is no address for service on the court file. Note: To receive notice of the family management conference, the court registry requires your current contact information and address for service.

To update this information, you must file a Notice of Address Change in Form 11 and serve a copy of the notice on each other party. Appendix C – Early Resolution and Case Management Model Forms

Registry location: Court File Number: Application About a Family Law Matter FORM C Provincial Court (Family) Rules This Application About a Family Law Matter has been filed in Provincial Court.

It provides notice to each party, and the court, of the family law matters to be resolved with the help of the court and may include • an application for a new order about a family law matter to be made by the court, • an application to change or cancel all or part of an existing final order about a family law matter, or • an application to set aside or replace all or part of an existing agreement about a family law matter. If you choose to reply, you or your lawyer must file a completed Reply to an Application About a Family Law Matter in Form F within 30 days after the date you were served with the application.

To file your reply, you may be required to file a Financial Statement if this application is about child support and/or spousal support. In an early resolution registry, you must also have met the early resolution requirements, as applicable. If you do not file a Reply to an Application About a Family Law Matter within the 30 day period referred to above, you will not be entitled to receive notice of any part of the case, including any conference, hearing or trial, and orders may be made in your absence. Information about the parties 1. My name is [full name of person]. My date of birth is [mmm/dd/yyyy].

My contact information and address for service of court documents are: Lawyer (if applicable): Address: City: Province: Postal code: Email: Telephone: 2. ☐ I understand the following people must be given notice of my application:  all parents and current guardians of each child who is the subject of the family law matter  my spouse, if I am applying for spousal support  each other adult who the application about a family law matter is about They are the other party/parties in this case. To give notice, they must each be served with a copy of this document and any supporting documents. 3.

The other party is [full name of other party]. Their date of birth is [mmm/dd/yyyy or unknown]. Their contact information, as I know it, is: Lawyer (if applicable): Address: City: Province: Postal code: Email: Telephone: Additional party (Complete only if applicable. You may leave this

section blank.) Full name: Date of Birth: [mmm/dd/yyyy] Contact information Lawyer (if applicable): Address: City: Province: Postal code: Email: Telephone: Appendix C – Early Resolution and Case Management Model Forms

Lawyer’s statement 4. Complete this

section only if you are a lawyer for the party. You may leave this

section blank. ☐ I, [full name of lawyer], the lawyer for [full name of party], acknowledge that I have complied with the requirements of

section 8 of the Family Law Act. Initial requirements 5. I am filing my application in an early resolution registry and I have met the following requirements: The requirements have been met if you completed or participated in, or if you were granted an exemption from completing or participating in, the following: Select all options that apply. ☐ needs assessment ☐ parenting education program ☐ consensual dispute resolution Make an application 6. I am applying for a court order about the following family law matter(s): Select all options that apply, complete and attach the required schedule(

s) Parenting arrangements ☐ parenting arrangements – new [complete and attach

Schedule 1] including parental responsibilities and parenting time ☐ parenting arrangements order/agreement – existing [complete and attach

Schedule 2] including parental responsibilities and parenting time Child support ☐ child support – new [complete and attach

Schedule 3] ☐ child support order/agreement – existing [complete and attach

Schedule 4] Contact with a child ☐ contact with a child – new [complete and attach

Schedule 5] ☐ contact order/agreement – existing [complete and attach

Schedule 6] Guardianship of a child ☐ appointing a guardian of a child [complete and attach

Schedule 7] ☐ cancelling guardianship of a child [complete and attach

Schedule 8] Spousal support ☐ spousal support – new [complete and attach

Schedule 9] ☐ spousal support order/agreement – existing [complete and attach

Schedule 10] Existing written agreements or court orders 7. There is an existing written agreement or court order about parenting arrangements, child support, contact with a child, guardianship of a child, and/or spousal support ☐ Yes ☐ No If yes, attach a copy of the order(

s) to your application 8. There is an existing court order protecting one of the parties, the child(ren), or restraining contact between the parties, including a protection order, child protection or supervision order, peace bond, restraining order, bail condition and other criminal order ☐ Yes ☐ No If yes, attach a copy of the order(

s) to your application Appendix C – Early Resolution and Case Management Model Forms

Relationship between the parties 9. The parties are: Describe how you and the other party/parties are related for the purposes of this family law application 10.

I am or have been spouses, or live or have lived together in a marriage-like relationship, with the other party Specify which other party if there is more than one: [name of other party] ☐ Yes ☐ No If yes, please complete all options below that apply to the parties Date on which the parties began to live together in a marriage-like relationship: [mmm/dd/yyyy] Date of marriage: [mmm/dd/yyyy] Date of separation: [mmm/dd/yyyy] Note: Spouses may be separated despite continuing to live in the same residence [Family Law Act s.3(4)] Identification of child(ren) 11.

Select only one of the options below and complete the required information ☐ My application does not ask for any order(

s) about a child or children (skip

section 12) ☐ My application is asking for an order(

s) about the following child or children: 12. ☐ I understand that I must consider the child(ren)’s best interests with respect to each order I am asking the court to make about the child. About us 13. You may choose to complete this

section or leave this

section blank I would like to share the following information with the court about the cultural, linguistic, religious and spiritual upbringing and heritage of my family, including, if the child is an Indigenous child, the child’s Indigenous identity: Child’s full name Child’s date of birth (mmm/dd/yyyy) My relationship to the child Other party’s relationship to the child Child is currently living with Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 1 – PARENTING ARRANGEMENTS – NEW This is

Schedule 1 to the Application About a Family Law Matter Complete this

schedule only if you are a guardian of a child or, are applying to be appointed as a guardian of a child, making a new application about parenting arrangements for a child or children identified in

section 11 of this application. Parenting arrangements include how each guardian of a child will parent their child(ren) together, including each guardian’s responsibilities for decision making about a child, and the time each guardian spends with a child. 1. I am: ☐ a guardian of the child(ren) A child’s parents are most often the child’s guardians, but other people can be guardians too. A parent who has never lived with their child is a guardian if they have regularly taken care of the child, there is an agreement or court order that says they are a guardian of a child, or under a will if the other parent dies.

A person who is not a parent can become a guardian of a child by a court order or under a will. ☐ applying to be appointed as a guardian of the child(ren) Parental responsibilities Parental responsibilities can be set up so that they can be exercised by one or more guardians only, or by each guardian acting separately, or by all guardians acting together. 2. Select all options that apply and complete the required information. You may leave a

section blank. ☐ I am applying for an order that gives me all parental responsibilities for the following child(ren): List the name of each child you are requesting all parental responsibilities for ☐ I am applying for an order for the parental responsibilities to be exercised by the guardians as follows: Parenting time During parenting time, a guardian has the parental responsibility of making day-to-day decisions affecting the child and having day-to-day care, control, and supervision of the child. Complete

section 3 below only if you are applying for an order about parenting time. You may leave this

section blank. 3. I am applying for an order about the allocation of parenting time as follows: Select all options that apply and complete the required information. You may leave a

section blank. ☐ I am asking for the child(ren) to spend time with me as follows: Appendix C – Early Resolution and Case Management Model Forms

☐ I am willing to have the following conditions placed on my time with the child(ren): ☐ I am asking for the child(ren) to spend time with the other guardian(

s) as follows: ☐ I am asking to have the following conditions placed on the other guardian’s time with the child(ren): Parenting arrangements 4. Complete only if there are additional order terms you want. You may leave this

section blank. ☐ I am applying for the following other order term(

s) about parenting arrangements: Best interests of child 5. I believe the order about parenting arrangements I am applying for, including parental responsibilities and parenting time, is in the child(ren)’s best interests because: Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 2 – PARENTING ORDER/ AGREEMENT – EXISTING This is

Schedule 2 to the Application About a Family Law Matter Complete this

schedule only if you are making an application to change or cancel all or part of an existing final order about parenting arrangements, or to set aside or replace all or part of an agreement about parenting arrangements, of the child or children identified in

section 11 of this application. 1. I am: ☐ a guardian of the child(ren) ☐ applying to be appointed as a guardian of the child(ren) 2. ☐ I am attaching a copy of the existing final order or agreement about parenting arrangements made on [mmm/dd/yyyy] Existing final order 3. Complete only if you have an existing order. You may leave this

section blank. ☐ I am applying for the existing final order to be: ☐ changed ☐ cancelled Since the final order was made, needs or circumstances have changed as follows: Existing agreement 4. Complete only if you have an existing agreement. You may leave this

section blank. ☐ I am applying for all or part of the existing agreement to be: ☐ set aside ☐ replaced I believe the agreement is not in the best interests of the child(ren) because: About the order 5. Complete only if you are applying for changes to parental responsibilities. You may leave this

section blank. ☐ I am applying for the parental responsibilities (who makes certain decisions about a child) to be changed or replaced as follows: Appendix C – Early Resolution and Case Management Model Forms

6. Complete only if you are applying for changes to parenting time. You may leave this

section blank. ☐ I am applying for the parenting time

schedule to be changed or replaced as follows: 7. Complete only if you are applying for changes to conditions on parenting time. You may leave this

section blank. ☐ I am applying for the conditions on my parenting time or the other guardian’s parenting time to be changed or replaced as follows: 8. Complete only if you are applying for changes to other parenting arrangements. You may leave this

section blank. ☐ I am applying for the other order term(

s) about parenting arrangements to be changed or replaced as follows: Best interests of child 9. I believe the order I am applying for is in the child(ren)’s best interests because: Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 3 – CHILD SUPPORT – NEW This is

Schedule 3 to the Application About a Family Law Matter Complete this

schedule only if you are making a new application for child support and/or special and extraordinary expenses for the child or children identified in

section 11 of this application. 1. I am: ☐ a parent or guardian of the child(ren) ☐ applying to be appointed as a guardian of the child(ren) ☐ other (specify): 2. The other party is: ☐ a parent or guardian of the child(ren) ☐ a person standing in the place of a parent to the child(ren) (for example, a step-parent) ☐ other (specify): 3. The child or children spend time with me and the other party as follows: 4. The current support arrangements are as follows: 5. Select only one of the options below ☐ I do not know the income of the other party ☐ I believe the other party’s annual income is $ 6.

I know the following facts about the other party’s employment, training, health and ability to work: If you do not have any information, please leave this

section blank About the order 7. ☐ I am applying for an order for ongoing support to be paid by [name of paying party] in the monthly amount set out in the child support guidelines table for the following child(ren) identified in

section 11 of this application: List the name of each child you are applying for support for Appendix C – Early Resolution and Case Management Model Forms

8. Select only one of the options below ☐ Each child I am applying for an order for child support for is under 19 years of age ☐ The following child(ren) is/are 19 years of age or older and need(

s) child support because of illness, disability or because they are full-time students: Full name of child Reason for child support Select the applicable option ☐ illness ☐ disability ☐ student ☐ illness ☐ disability ☐ student ☐ illness ☐ disability ☐ student Start of payment(s) 9. Child support payments may start on a past (retroactive), present or future date or event, such as the date of separation, the date this application is made or the start date of a new job Child support payments should start on [mmm/dd/yyyy or event] because: Calculations 10.

Select only one of the options below ☐ I am attaching calculations showing how much child support I believe should be paid according to the child support guidelines ☐ I am not attaching calculations because: Undue hardship 11. Complete only if applicable. You may leave this

section blank. ☐ I am applying for an order to change the guideline amount payable because the guideline amount would cause me undue hardship for the following reason(s): Note: If this option applies to your situation, you will need to complete the undue hardship portion of the Financial Statement,

Part 4 and

Part 5, in addition to any other required parts ☐ I have an unusual or excessive amount of debt I incurred to support the family prior to separation or to earn a living ☐ I have unusually high expenses to exercise parenting time or contact with the child(ren) ☐ I have a legal duty to support another person, such as an ill or disabled person or a former spouse ☐ I have a legal duty to support a dependent child from another relationship ☐ other undue hardship circumstances (specify): Appendix C – Early Resolution and Case Management Model Forms

Special and extraordinary expenses 12. Select only one of the options below ☐ I am not applying for an order for special and extraordinary expenses for the child(ren) ☐ I am applying for an order for special and extraordinary expenses under

section 7 of the child support guidelines.

The following special or extraordinary expenses (net of tax credits, subsidies, deductions, credits and contributions from the child(ren)) are included in my application for child support: Name of Child: Special and Extraordinary Expense Annual Amount Annual Amount Annual Amount Annual Amount Child care expenses $ $ $ $ Portion of medical/dental premiums attributable to child $ $ $ $ Health related expenses that exceed insurance reimbursement by at least $100 $ $ $ $ Extraordinary expenses for primary or secondary school $ $ $ $ Post-secondary school expenses $ $ $ $ Extraordinary extracurricular activities expenses $ $ $ $ Total $ $ $ $ Financial statement 13.

Select only one of the options below ☐ I am filing a Financial Statement in Form D with this application because the following applies to my situation: Select all options that apply ☐ I am the payor ☐ there is split or shared parenting time ☐ there is a child 19 years old or over for whom support is being applied for ☐ a party has been acting as a parent to a child of the other party ☐ the paying parent earns more than $150,000 per year ☐ there is an application for special or extraordinary expenses for a child ☐ I am claiming undue hardship ☐ I am not required to file a Financial Statement at this time as none of these situations apply to me ☐ I am required to file a Financial Statement but I am not able to complete it at this time.

I am filing an Application for Case Management Order Without Notice or Attendance in Form I requesting to waive the requirement that this application be filed with a completed Financial Statement. IMPORTANT NOTE TO THE OTHER PARTY: This family law case includes an application about child support. You must provide your financial information with your reply to this application by completing and filing a Financial Statement in Form D.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: • order that the income information be provided • assume a party’s income is a certain amount for support purposes and make an order based on it • require a party to give security • require a party to pay the other party’s expenses, an amount to the other party up to $5,000, or a fine up to $5,000 • make any other order the court considers appropriate Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 4 – CHILD SUPPORT ORDER OR WRITTEN AGREEMENT – EXISTING This is

Schedule 4 to the Application About a Family Law Matter Complete this

schedule only if you are making an application to change or cancel all or part of an existing final order about child support, or to set aside or replace all or part of an existing agreement about child support, for the child or children identified in

section 11 of this application. 1. The existing final order or agreement requires me to: Select only one of the options below ☐ make payments for support of a child or children ☐ receive payments for support of a child or children ☐ other (specify): 2. ☐ I am attaching a copy of the existing final order or agreement about child support made on [mmm/dd/yyyy] Existing final order 3. Complete only if you have an existing order. You may leave this

section blank. ☐ I am applying for the existing final order about child support to be: ☐ changed ☐ cancelled Since the final order about child support was made, circumstances have changed as follows: Select all options that apply and complete the required information ☐ my financial situation has changed ☐ I believe the other party’s financial situation has changed ☐ the special and extraordinary expenses for the child(ren) have changed as follows: ☐ the child(ren)’s living arrangement(

s) have changed as follows: ☐ information has become available that was not available when the order was made (specify): ☐ other changes or circumstances (specify): Appendix C – Early Resolution and Case Management Model Forms

Existing agreement 4. Complete only if you have an existing agreement. You may leave this

section blank. ☐ I am applying for the existing agreement about child support to be: ☐ set aside ☐ replaced I believe the agreement should be set aside or replaced because: About the order 5. Complete only if you are applying to change or replace an existing final order or agreement about child support. You may leave this

section blank. I am applying for the final order or agreement about child support to be changed or replaced as follows: Unpaid child support 6. As of [mmm/dd/yyyy], the amount of unpaid child support (arrears) was $ 7. Complete only if there is unpaid child support. You may leave this

section blank. Select only one of the options below. ☐ I am not applying to reduce the amount of unpaid child support (arrears) ☐ I am applying to reduce the amount of unpaid child support (arrears) to $ because: 8. Complete only if there is unpaid child support. You may leave this

section blank. I am applying for an order that the remaining unpaid child support (arrears) be paid as follows: Select all options that apply and complete the required information ☐ at a rate of $ per month ☐ in a lump sum ☐ other (specify): Calculations 9. Select only one of the options below ☐ I am attaching calculations showing how much child support I believe should be paid according to the child support guidelines ☐ I am not attaching calculations because: Appendix C – Early Resolution and Case Management Model Forms

Start of payment(s) 10. Child support payments may start or end on a past (retroactive), present or future date or event, such as the date of separation, the date this application is made or the start date of a new job The order about child support should start on [mmm/dd/yyyy] because: Financial statement 11.

Select only one of the options below ☐ I am filing a Financial Statement in Form D with this application because the following applies to my situation: Select all options that apply ☐ I am the payor ☐ there is split or shared parenting time ☐ there is a child 19 years old or over for whom support is being applied for ☐ a party has been acting as a parent to a child of the other party ☐ the paying parent earns more than $150,000 per year ☐ there is an application for special or extraordinary expenses for a child ☐ I am claiming undue hardship ☐ I am not required to file a Financial Statement at this time as none of these situations apply to me ☐ I am required to file a Financial Statement but I am not able to complete it at this time.

I am filing an Application for Case Management Order Without Notice or Attendance in Form I requesting to waive the requirement that this application be filed with a completed Financial Statement. IMPORTANT NOTE TO THE PARTIES: If this family law case includes an application to change or replace an order or agreement for child support, you must provide financial information with your application or reply to this application by completing and filing a Financial Statement in Form D.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: • order that the income information be provided • assume a party’s income is a certain amount for support purposes and make an order based on it • require a party to give security • require a party to pay the other party’s expenses, an amount to the other party up to $5,000, or a fine up to $5,000 • make any other order the court considers appropriate Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 5 – CONTACT WITH A CHILD – NEW This is

Schedule 5 to the Application About a Family Law Matter Complete this

schedule only if you are not a guardian of the child or children and you are making a new application about contact with the child or children identified in

section 11 of this application. Contact with a child is the time a child spends with a person who is not their guardian. 1. ☐ I am not a guardian of the child(ren) 2. I am applying for an order for contact with the following child(ren) identified in

section 11 of this application: List the name of each child you want to have contact with About the order 3. I am applying for contact with the child(ren) as follows: Select all options that apply and complete the required information ☐ in person: Provide specific dates or events requested, or dates and times that would be most suitable ☐ telephone communication ☐ video communication ☐ written communication ☐ other method of communication (specify): Complete only if applicable. You may leave this

section blank. I am willing to have the following conditions placed on my contact with the child(ren): 4. I last had contact with the child(ren) on or around [mmm/dd/yyyy] Best interests of child 5. I believe the order about contact I am applying for is in the child(ren)’s best interests because: Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 6 – CONTACT ORDER OR WRITTEN AGREEMENT – EXISTING This is

Schedule 6 to the Application About a Family Law Matter Complete this

schedule only if you are making an application to change or cancel an existing final order about contact, or to set aside or replace all or part of an existing agreement about contact, with a child or children identified in

section 11 of this application. 1. I am: ☐ a person allowed to have contact with the child(ren) according to a court order or written agreement ☐ a guardian of the child(ren) 2. ☐ I am attaching a copy of the existing final order or agreement about contact made on [mmm/dd/yyyy] Existing final order 3. Complete only if you have an existing order. You may leave this

section blank. ☐ I am applying for the existing final order about contact with a child or children to be: ☐ changed ☐ cancelled Since the order was made, needs or circumstances have changed as follows: Existing agreement 4. Complete only if you have an existing agreement. You may leave this

section blank. ☐ I am applying for all or part of the existing agreement about contact with a child or children to be: ☐ set aside ☐ replaced I believe the agreement is not in the best interests of the child(ren) because: About the order 5. Complete only if you are applying to change or replace an existing final order or agreement about contact with a child or children. You may leave this

section blank. I am applying to change or replace the existing final order or agreement about contact as follows: Select all options that apply ☐ no contact of any type Appendix C – Early Resolution and Case Management Model Forms

☐ in person: Provide specific dates or events requested, or dates and times that would be most suitable ☐ telephone communication ☐ video communication ☐ written communication ☐ other method of communication (specify): Complete only if applicable. You may leave this

section blank. I am applying to have the following conditions placed on the contact with the child(ren): Best interests of child 6. I believe the order I am applying for is in the child(ren)’s best interests because: Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 7 – APPOINTING A GUARDIAN OF A CHILD OR CHILDREN This is

Schedule 7 to the Application About a Family Law Matter Complete this

schedule only if you are making an application to be appointed as a guardian of a child or children identified in

section 11 of this application. Order about guardianship 1. ☐ I am applying to be appointed as a guardian of the following child(ren) identified in

section 11 of this application: List the name of each child you want to be appointed as a guardian of Indigenous ancestry of child(ren) These questions will help the court make a decision about guardianship of a child. 2. Is the child or children Indigenous? ☐ Yes ☐ No ☐ Unknown If yes, please select the option(

s) below that best describe(

s) the child(ren)’s Indigenous ancestry ☐ First Nation ☐ Nisga’a ☐ Treaty First Nation ☐ the child is under 12 years of age and has a biological parent who is of Indigenous ancestry, including Métis and Inuit, and self-identifies as Indigenous ☐ the child is 12 years of age or older, of Indigenous ancestry, including Métis and Inuit, and self-identifies as Indigenous 3. Complete the following statement only if the child is a Nisga’a child or a Treaty First Nation child ☐ I acknowledge that I must serve the Nisga'a Lisims Government or the Treaty First Nation to which the child belongs with notice of this application as described in

section 208 or 209 of the Family Law Act Guardianship affidavit and supporting documents 4. ☐ I understand that I am required to file a Guardianship Affidavit in Form 34 before the court can make a final order about guardianship 5. ☐ I have initiated or completed a criminal record check as required for the Guardianship Affidavit in Form 34 6.

Select only one of the options below ☐ I am filing the following required documents along with this application ☐ a Consent for Child Protection Record Check in Form 5 under the Family Law Act Regulation ☐ a request, in the form provided by the registry, to search the protection order registry ☐ I am not able to complete the required documents at this time. I am filing an Application for Case Management Order Without Notice or Attendance in Form I requesting to waive the requirement that this application be filed with the additional documents. Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 8 – CANCELLING GUARDIANSHIP OF A CHILD OR CHILDREN This is

Schedule 8 to the Application About a Family Law Matter Complete this

schedule only if you are making an application to cancel the guardianship of a child or children identified in

section 11 of this application. Order about guardianship 1. ☐ I am applying for the following person(

s) to no longer be the guardian(

s) of the child or children: 2. I am: ☐ a guardian of the child(ren) ☐ applying to be appointed as a guardian of the child(ren) Indigenous ancestry of child These questions will help the court make a decision about guardianship of a child. 3. Is the child or children Indigenous? ☐ Yes ☐ No ☐ Unknown If yes, please select the option(

s) below that best describe(

s) the child(ren)’s Indigenous ancestry ☐ First Nation ☐ Nisga’a ☐ Treaty First Nation ☐ the child is under 12 years of age and has a biological parent who is of Indigenous ancestry, including Métis and Inuit, and self-identifies as Indigenous ☐ the child is 12 years of age or older, of Indigenous ancestry, including Métis and Inuit, and self-identifies as Indigenous 4. Complete the following statement only if the child is a Nisga’a child or a Treaty First Nation child ☐ I acknowledge that I must serve the Nisga'a Lisims Government or the Treaty First Nation to which the child belongs with notice of this application as described in

section 208 or 209 of the Family Law Act. Best interests of child 5. I believe it is in the child(ren)’s best interests to cancel the guardianship of the person(

s) listed in paragraph 1 because: Full name of guardian Name of child(ren) They have been a guardian of the child(ren) since: Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 9 – SPOUSAL SUPPORT – NEW This is

Schedule 9 to the Application About a Family Law Matter Complete this

schedule only if you are making a new application about spousal support. Entitlement to spousal support 1.

I believe that I am, or the other party is, entitled to spousal support for the following reason(s): Select all options that apply ☐ there are economic advantages or disadvantages to the spouses arising from the relationship or breakdown of the relationship ☐ to share the financial consequences arising from caring for the children during the relationship, beyond the duty to provide support for the child ☐ to relieve economic hardship of the spouses arising from the breakdown of the relationship ☐ to help each spouse become financially independent within a reasonable period Current arrangements 2.

The current support arrangements are as follows: Income and earning potential 3. My current employment situation, training, health and ability to work are as follows: 4. Select only one of the options below ☐ I do not know the income of the other party ☐ I believe the other party’s annual income is $ 5. I know the following facts about the other party’s employment, training, health and ability to work: If you do not have any information, please leave this

section blank Appendix C – Early Resolution and Case Management Model Forms

About the order 6. I am applying for an order for spousal support to be paid by [name of paying party] as follows: Select all options that apply and complete the required information ☐ in the amount of $ per month to commence on [mmm/dd/yyyy] until [mmm/dd/yyyy] ☐ in a lump sum of $ ☐ other (specify): Calculations 7. Select only one of the options below ☐ I am attaching calculations showing how much spousal support I believe should be paid according to the Spousal Support Advisory Guidelines ☐ I am not attaching calculations because: Financial statement 8.

Select only one of the options below ☐ I am filing a Financial Statement in Form D with this application ☐ I am not able to complete a Financial Statement at this time. I am filing an Application for Case Management Order Without Notice or Attendance in Form I requesting to waive the requirement that this application be filed with a completed Financial Statement. IMPORTANT NOTE TO THE PARTIES: This family law case includes an application about spousal support. You must provide your financial information with your application or reply to this application by completing and filing a Financial Statement in Form D.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: • order that the income information be provided • assume a party’s income is a certain amount for support purposes and make an order based on it • require a party to give security • require a party to pay the other party’s expenses, an amount to the other party up to $5,000, or a fine up to $5,000 • make any other order the court considers appropriate Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 10 – SPOUSAL SUPPORT – EXISTING This is

Schedule 10 to the Application About a Family Law Matter Complete this

schedule only if you are making an application to change or cancel an existing final order about spousal support or to set aside or replace all or part of an existing written agreement about spousal support. 1. ☐ I am attaching a copy of the existing final order or written agreement about spousal support made on [mmm/dd/yyyy] Existing final order 2. Complete only if you have an existing order. You may leave this

section blank. ☐ I am applying for the existing final order about spousal support to be: ☐ changed ☐ cancelled Since the final order about spousal support was made, circumstances have changed as follows: Select all options that apply and complete the required information ☐ my financial situation has changed ☐ I believe the other party’s financial situation has changed ☐ my employment, training, health and/or ability to work has changed as follows: ☐ I believe the other party’s employment, training, health and/or ability to work has changed as follows: ☐ my household expenses have changed as follows: ☐ information has become available that was not available when the order was made (specify): ☐ other changes or circumstances (specify): Appendix C – Early Resolution and Case Management Model Forms

Existing agreement 3. Complete only if you have an existing agreement. You may leave this

section blank. ☐ I am applying for the existing written agreement about spousal support to be: ☐ set aside ☐ replaced I believe the agreement should be set aside or replaced because: About the order 4. Complete only if you are applying to change or replace an existing final order or written agreement about spousal support. You may leave this

section blank. I am applying for the final order or agreement about spousal support to be changed or replaced as follows: Unpaid spousal support 5. As of [mmm/dd/yyyy], the amount of unpaid spousal support (arrears) was $ 6. Complete only if there is unpaid spousal support. You may leave this

section blank. Select only one of the options below. ☐ I am not applying to reduce the amount of unpaid spousal support (arrears) ☐ I am applying to reduce the amount of unpaid spousal support (arrears) to $ because: 7. Complete only if there is unpaid spousal support. You may leave this

section blank. I am applying for an order that the remaining unpaid spousal support (arrears) be paid as follows: Select all options that apply and complete the required information ☐ at a rate of $ per month ☐ in a lump sum ☐ other (specify): Calculations 8. Select only one of the options below ☐ I am attaching calculations showing how much spousal support I believe should be paid according to the Spousal Support Advisory Guidelines ☐ I am not attaching calculations because: Appendix C – Early Resolution and Case Management Model Forms

Financial statement 9. Select only one of the options below ☐ I am filing a Financial Statement in Form D with this application ☐ I am not able to complete a Financial Statement at this time. I am filing an Application for Case Management Order Without Notice or Attendance in Form I requesting to waive the requirement that this application be filed with a completed Financial Statement. IMPORTANT NOTE TO THE PARTIES: This family law case includes an application about spousal support.

You must provide your financial information with your application or reply to this application by completing and filing a Financial Statement in Form D.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: • order that the income information be provided • assume a party’s income is a certain amount for support purposes and make an order based on it • require a party to give security • require a party to pay the other party’s expenses, an amount to the other party up to $5,000, or a fine up to $5,000 • make any other order the court considers appropriate Appendix C – Early Resolution and Case Management Model Forms

Registry location: Court File Number: Financial Statement FORM D Provincial Court (Family) Rules I, [full name of party], [occupation] of [address of party, city, province], SWEAR OR AFFIRM THAT: 1. The information set out in this financial statement is true, to the best of my knowledge. 2. I have made complete disclosure in this financial statement of: Select all options that apply ☐ my income, including benefits and adjustments, if any, in

Part 1 ☐ my expenses and debts, in

Part 2 ☐ my assets, in

Part 3 ☐ income of other person(

s) in my household, in

Part 4 ☐ undue hardship, in

Part 5 Sworn or affirmed before me at [city] British Columbia on [date] A commissioner for taking affidavits in British Columbia [print name or affix stamp of commissioner] Signature Appendix C – Early Resolution and Case Management Model Forms

PART 1 – Income 1. I am attaching a copy of each of the following documents to my financial statement: ☐ my tax return and related schedules for each of the three most recent taxation years; and ☐ any notice of assessment and reassessment issued by the CRA for each of the three most recent taxation years 2. All of my sources of income and amounts of income per month are as follows: Select and complete all that apply.

Please use gross amounts (before taxes or deductions). ☐ employment income of $ from [employer] ☐ employment insurance benefits of $ ☐ workers compensation benefit of $ ☐ interest and investment income of $ ☐ pension income of $ ☐ government assistance income of $ from [source] ☐ self-employment income of $ ☐ trust income of $ ☐ other income of $ from [source] 3.

I am attaching proof of income from all applicable sources, including my: Select and attach all that apply ☐ most recent pay stub or statement of earnings, or a letter from my employer stating my salary and/or wages ☐ most recent employment insurance benefit statement and record of employment ☐ most recent workers compensation benefit statement ☐ most recent interest and investment statement ☐ most recent pension income statement ☐ most recent government assistance statement ☐ self-employment income for the three most recent taxation years, including: (

i) the financial statements of my business or professional practice, other than a partnership, and (ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom I do not deal at arm’s length ☐ confirmation of income and draw from, and capital in, a partnership, for the three most recent taxation years ☐ corporate income for the three most recent taxation years, including: (

i) the financial statements of the corporation and its subsidiaries, and (ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation, and every related corporation, does not deal at arm’s length ☐ trust settlement agreement and the trust’s three most recent financial statements ☐ other (specify): Appendix C – Early Resolution and Case Management Model Forms

4. Income

Summary: Use gross annual amounts (before taxes or deductions) except where the word “net” appears Total income before adjustments 1 My total income last year as indicated at line 150 of my [year] tax return was $ Adjustments to total income (use annual amounts) 2 Taxable child support received $ 3 Spousal support received $ 4 Canada Child Benefit $ 5 Split-pension amount $ 6 Employment expenses $ 7 Social assistance received for other members of your household $ 8 Excess portion of dividends from taxable Canadian corporations $ 9 Actual business investment losses $ 10 Carrying charges $ 11 Net partnership or sole proprietorship income (any amount included in your income that is required by the partnership or sole proprietorship for capitalization purposes) $ 12 Total deductions from income (add lines 2 through 11) $ Additions 13 Capital gains and capital losses (if zero or less, indicate “0” in this line) $ 14 Net self-employment income $ 15 Capital cost allowance for property $ 16 Employee stock options with Canadian-controlled private corporation $ 17 Total additions to income (add lines 13 through 16) $ 18 Annual income for support purposes (line 1 minus line 12 plus line 17) $ 5.

Select whichever option is correct and complete any required information ☐ I do not expect any significant changes to the total income at line 150 of my tax return this year ☐ I expect my total income at line 150 of my tax return this year to be $ because: Appendix C – Early Resolution and Case Management Model Forms

PART 2 – Personal expenses and debts Expenses An expense is the amount of money you spend on something. Estimate how much you pay in a month and a year for each of the expenses listed below. Note: You may be asked to provide the court with proof of an amount or a breakdown of how you came to the estimate.

Expenses Monthly Yearly Housing Monthly Yearly $ $ Rent/mortgage Property taxes and strata fees Utilities include electricity, gas, water, waste, home phone, and internet Homeowner/renter’s insurance Home maintenance and repair Other Housing Subtotal: $ $  Food & Household Supplies Monthly Yearly $ $ Groceries Eating out Household supplies such as cleaning supplies, lightbulbs, batteries, toilet paper and laundry detergent Other Food & Household Supplies Subtotal: $ $  Transportation Monthly Yearly $ $ Car insurance and car loan payments Fuel Maintenance and repairs Public transit, taxis and parking Other Transportation Subtotal: $ $  Clothing & Self-care include clothing, hair dresser/barber and cosmetics $ $ Health & Medical include regular dental care, orthodontics, medicine, eye glasses or contact lenses $ $ Children include school activities, extracurricular activities, tuition/school fees, camps, babysitting, allowances and daycare $ $ Miscellaneous/Other include gifts & donations, alcohol, tobacco & cannabis, entertainment & recreation, cell phone, cable, subscription services, pet expenses and vacations $ $ Premiums, Contributions and Debt Repayment include life or term insurance premiums, RRSP or other contributions, debt repayment (for expenses not itemized above) $ $ Other (specify): $ $ Total $ $ Appendix C – Early Resolution and Case Management Model Forms

Debts A debt is an amount of money you owe someone that you have a duty to pay. Identify any outstanding debts. Do NOT record the monthly payment for mortgage, car loans, credit card payments or other debts included in the expenses

section above, just the total balance owing. Name of creditor (name of bank, finance company, person, etc) Reason for borrowing (for example, mortgage, car loan, school) Balance owing Total Appendix C – Early Resolution and Case Management Model Forms

PART 3 – Assets Complete this part only if you are required to provide information about assets. See the chart in the instructions for this form to determine if this part applies to your situation. An asset is something of value that you own or that belongs to you.

List all your assets in the table below, provide a brief description and how much the asset is currently worth (the value) Asset Description of asset Current value of asset Real Estate Street address Market value Cars/Boats/Vehicles Make, model, year Market value Cash assets - including cash and bank accounts Type of cash asset (for example cash, savings account, chequing account) Current balance Investments - including TFSAs, RRSPs, stocks and bonds, pensions Type of investment Current balance Loans and Credit (money owing to me) Name of borrower Amount owing Other - including precious metals, art, jewellery or other items of high value Brief description Market value Total DISPOSITION OF ASSETS I have sold or disposed of an asset(

s) in the last two years ☐ yes ☐ no If yes, please describe the asset(

s) you sold or disposed of and indicate how much you made from the sale or disposal Appendix C – Early Resolution and Case Management Model Forms

PART 4 – Income of Other Persons in Household Complete this part only if you or the other party has made a claim for undue hardship in a child support claim. Complete all sections that apply to your circumstances. You may leave a

section blank. 1. ☐ I live alone 2. ☐ I am living with [full name of person I am married to or cohabitating with]. They have an annual income of $ 3. ☐ I/we live with the following other adult(s): Full name of adult Annual income 4. ☐ I/we have [number of children] child(ren) who live(

s) in the home 5. My spouse/partner or other adult(

s) residing in the home contributes about $ per [frequency of contribution(s)] towards the household expenses Appendix C – Early Resolution and Case Management Model Forms

PART 5 – Undue Hardship Complete this part only if you have made a claim for undue hardship in a child support claim. Complete all sections that apply to your circumstances. You may leave a

section blank. 1. ☐ I have an unusual or excessive amount of debt I incurred to support the family prior to separation or to earn a living as follows: Name of creditor and reason for borrowing (name of bank, finance company, etc.) Balance owing Annual debt repayment 2. ☐ I have unusually high expenses to exercise parenting time or contact with the child(ren) Specify below what expenses you have 3. ☐ I have a legal duty to support another person, such as a person who is ill or disabled or a former spouse Full name of adult you support Monthly amount paid for support Annual amount paid for support 4. ☐ I have a legal duty to support a dependent child from another relationship Full name of dependent you support Monthly amount paid for support Annual amount paid for support 5. ☐ other undue hardship circumstances (specify): Appendix C – Early Resolution and Case Management Model Forms

Registry location: Court File Number: Certificate of Service FORM E Provincial Court (Family) Rules I certify that I, Your full name served Full name of the person served (copy their name from the document you served them) on at a.m./p.m. Date the document(

s) were served (mmm/dd/yyyy) Time the document(

s) were served at Street address or location, city, province, or email address or fax number where the document(

s) were served with the following document(s): Select all options that apply. Attach a copy of each document you have selected below to this Certificate of Service. ☐ Application About a Family Law Matter ☐ Financial Statement ☐ Guardianship Affidavit ☐ Instructions about filing reply ☐ Application for Case Management Order ☐ Application About a Protection Order ☐ Application About Priority Parenting Matter ☐ Order ☐ Reply to a Counter Application ☐ Application for Order Prohibiting the Relocation of a Child ☐ Application About Enforcement ☐ Written Response to Application ☐ Notice of Intention to Proceed ☐ other (list any additional document(

s) that you served here): by: Select the appropriate option for how you served the other party with the document(

s) Personal service Note: Application About a Family Law Matter or About a Protection Order can only be served this way ☐ leaving a copy of the document(

s) with the person ☐ alternative service method ordered by the court (specify the method or instructions you followed as ordered by the court): Ordinary service – Provided to address for service Note: This method of service is not allowed for an Application About a Family Law Matter or About a Protection Order. ☐ leaving a copy of the document(

s) at the person’s address for service ☐ mailing the document(

s) by ordinary mail to the person’s address for service on [mmm/dd/yyyy] Note: The date the document(

s) were served is 14 days after the date the documents were mailed ☐ mailing the document(

s) by registered mail to the person’s address for service Note: The date the document(

s) were served is the date the document(

s) were confirmed to have been delivered by Canada Post. Attach a copy of the delivery confirmation from Canada Post. ☐ emailing the document(

s) to the person’s email address for service ☐ faxing the document(

s) to the person’s fax number for service ☐ alternative service method ordered by the court (specify the method or instructions you followed as ordered by the court): Signature of the person who served the document Date of signature (mmm/dd/yyyy) Appendix C – Early Resolution and Case Management Model Forms

Registry location: Court File Number: Reply to an Application About a Family Law Matter ☐ with counter application FORM F Provincial Court (Family) Rules Information about the parties 1. The Application About a Family Law Matter was filed by [full name of the other party]. They are the other party in this case. 2. My name is [full name of party]. My date of birth is [mmm/dd/yyyy]. My contact information and address for service of court documents are: Lawyer (if applicable): Address: City: Province: Postal code: Email: Telephone: Lawyer’s statement 3. Complete this

section only if you are a lawyer for the party. You may leave this

section blank. ☐ I, [full name of lawyer], the lawyer for [full name of party], acknowledge that I have complied with the requirements of

section 8 of the Family Law Act. Identification of child(ren) 4. Select only one of the options below ☐ The application does not ask for any order(

s) about a child or children (skip ahead to

section 6) ☐ The other party correctly provided the name and date of birth of each child involved in the application ☐ The following is the correct name and date of birth of each child involved in the application: If you have selected this option, please provide the name and date of birth of ALL the children Child’s full name Child’s date of birth (mmm/dd/yyyy) 5. ☐ I understand that I must consider the child(ren)’s best interests with respect to each order I am asking the court to make about the child. About us 6. You may choose to complete this

section or leave this

section blank I would like to share the following information with the court about the cultural, linguistic, religious and spiritual upbringing and heritage of my family, including, if the child is an Indigenous child, the child’s Indigenous identity: Appendix C – Early Resolution and Case Management Model Forms

Existing written agreements or court orders 7. There is an existing agreement or court order about parenting arrangements, child support, contact with a child, guardianship of a child and/or spousal support that was not provided by the other party with their application ☐ Yes ☐ No If yes, attach a copy of the order(

s) to your reply 8. There is an existing court order protecting one of the parties, the child(ren), or restraining contact between the parties, including a protection order, child protection or supervision order, peace bond, restraining order, bail condition or other criminal order that was not provided by the other party with their application ☐ Yes ☐ No If yes, attach a copy of the order(

s) to your reply Initial requirements 9. I am filing my reply in an early resolution registry and I have met the following requirements: The requirements have been met if you completed or participated in, or if you were granted an exemption from completing or participating in, the following: Select all options that apply. ☐ needs assessment ☐ parenting education program ☐ consensual dispute resolution Appendix C – Early Resolution and Case Management Model Forms

Replying to the other party Agreement with order(s) 10. I agree with the following order(

s) applied for by the other party: Refer to the Application About a Family Law Matter schedules as referenced below to assist in completing this section. Select all options that apply Parenting arrangements Parenting arrangements – new [see

Schedule 1 of Application About a Family Law Matter] ☐ parental responsibilities ☐ parenting time ☐ conditions on parenting time Parenting arrangements order/agreement – existing [see

Schedule 2 of Application About a Family Law Matter] ☐ change to parental responsibilities ☐ change to parenting time ☐ change to conditions on parenting time Child support ☐ child support – new [see

Schedule 3 of Application About a Family Law Matter] ☐ child support order/agreement – existing [see

Schedule 4 of Application About a Family Law Matter] Contact with a child ☐ contact with a child – new [see

Schedule 5 of Application About a Family Law Matter] ☐ contact order/agreement – existing [see

Schedule 6 of Application About a Family Law Matter] Guardianship of a child ☐ appointing a guardian of a child [see

Schedule 7 of Application About a Family Law Matter] ☐ cancelling guardianship of a child [see

Schedule 8 of Application About a Family Law Matter] Spousal support ☐ spousal support – new [see

Schedule 9 of Application About a Family Law Matter] ☐ spousal support order/agreement – existing [see

Schedule 10 of Application About a Family Law Matter] Appendix C – Early Resolution and Case Management Model Forms

Disagreement with order(s) 11. I do not agree to all or part of the following order(

s) applied for by the other party: Refer to the Application About a Family Law Matter schedules to assist in completing this section. Select all options that apply, complete and attach the required schedule(s). Parenting arrangements Parenting arrangements – new [complete and attach

Schedule 1] ☐ parental responsibilities ☐ parenting time ☐ conditions on parenting time Parenting arrangements order/agreement – existing [complete and attach

Schedule 2] ☐ change to parental responsibilities ☐ change to parenting time ☐ change to conditions on parenting time Child support ☐ child support – new [complete and attach

Schedule 3] ☐ child support order/agreement – existing [complete and attach

Schedule 4] Contact with a child ☐ contact with a child – new [complete and attach

Schedule 5] ☐ contact order/agreement – existing [complete and attach

Schedule 6] Guardianship of a child ☐ appointing a guardian of a child [complete and attach

Schedule 7] ☐ cancelling guardianship of a child [complete and attach

Schedule 8] Spousal support ☐ spousal support – new [complete and attach

Schedule 9] ☐ spousal support order/agreement – existing [complete and attach

Schedule 10] IMPORTANT NOTE: If this family law case includes an application about support, you must provide your financial information with your reply to the application by completing and filing a Financial Statement in Form D.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: • order that the income information be provided • assume a party’s income is a certain amount for support purposes and make an order based on it • require a party to give security • require a party to pay the other party’s expenses, an amount to the other party up to $5,000, or a fine up to $5,000 • make any other order the court considers appropriate Appendix C – Early Resolution and Case Management Model Forms

Making a counter application Complete this

section only if, in addition to replying to the other party’s application, you want to apply for an order about a family law matter that the other party did not make an application about in

section 6 of their Application About a Family Law Matter 12. I am applying for a court order about the following family law matter(s): Select all options that apply, complete and attach the required schedule(

s) Parenting arrangements ☐ parenting arrangements – new [complete and attach

Schedule 11] including parental responsibilities and parenting time ☐ parenting arrangements order/agreement – existing [complete and attach

Schedule 12] including parental responsibilities and parenting time Child support ☐ child support – new [complete and attach

Schedule 13] ☐ child support order/agreement – existing [complete and attach

Schedule 14] Contact with a child ☐ contact with a child – new [complete and attach

Schedule 15] ☐ contact order/agreement – existing [complete and attach

Schedule 16] Guardianship of a child ☐ appointing a guardian of a child [complete and attach

Schedule 17] ☐ cancelling guardianship of a child [complete and attach

Schedule 18] Spousal support ☐ spousal support – new [complete and attach

Schedule 19] ☐ spousal support order/agreement – existing [complete and attach

Schedule 20] Identification of child(ren) 13. Select only one of the options below and complete the required information ☐ My counter application does not ask for any order(

s) about a child or children (skip

section 14) ☐ My counter application is asking for an order(

s) about the following child or children: 14. ☐ I understand that I must consider the child(ren)’s best interests with respect to each order I am asking the court to make about the child. Note to the other party: If the reply includes a counter application, you may reply to the counter application by filing a Reply to a Counter Application in Form G, and any additional documents that may be required to be filed, within 30 days after the date you receive the reply with counter application.

Child’s full name Child’s date of birth (mmm/dd/yyyy) My relationship to the child Other party’s relationship to the child Child is currently living with Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 1 – REPLY TO AN APPLICATION ABOUT PARENTING ARRANGEMENTS – NEW This is

Schedule 1 to the Reply to an Application About a Family Law Matter This

schedule must be completed only if you are disagreeing with a new application by the other party about parenting arrangements for the child or children. The order they applied for about parenting arrangements can be found in

Schedule 1 of their Application About a Family Law Matter. 1. I do not agree to all or part of the following order(

s) about parenting arrangements applied for by the other party: Select all options that apply and complete the required part(s) ☐ parental responsibilities (complete

Part 1 of this Schedule) ☐ parenting time

schedule (complete

Part 2 of this Schedule) ☐ conditions on parenting time (complete

Part 3 of this Schedule)

PART 1 – REPLY TO AN APPLICATION – PARENTAL RESPONSIBILITIES Complete this part only if you are disagreeing with an order about parental responsibilities requested by the other party. You may leave this part blank. 1. I do not agree with the requested allocation of parental responsibilities because: 2. I am asking for the parental responsibilities to be exercised by the guardians as follows: 3. I believe the parental responsibilities I am asking for are in the child(ren)’s best interests because: Appendix C – Early Resolution and Case Management Model Forms

PART 2 – REPLY TO AN APPLICATION – PARENTING TIME

SCHEDULE Complete this part only if you are disagreeing with an order about the parenting time

schedule requested by the other party. You may leave this part blank. 1. I do not agree with the requested parenting time

schedule because: 2. I am asking for the parenting time

schedule to be as follows: 3. I believe my requested parenting time

schedule is in the child(ren)’s best interests because:

PART 3 – REPLY TO AN APPLICATION – CONDITIONS ON PARENTING TIME Complete this part only if you are disagreeing with an order about the conditions on parenting time requested by the other party. You may leave this part blank. 1. I do not agree with the requested conditions on my parenting time or the other guardian’s parenting time because: 2. I am asking for the conditions on my parenting time or the other guardian’s parenting time to be as follows: 3. I believe the conditions I have asked for on parenting time are in the child(ren)’s best interests because: Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 2 – REPLY TO AN APPLICATION ABOUT PARENTING ARRANGEMENTS – EXISTING This is

Schedule 2 to the Reply to an Application About a Family Law Matter This

schedule must be completed only if you are disagreeing with an application by the other party to change or cancel an existing final order about parenting arrangements, or to set aside or replace all or part of an agreement about parenting arrangements, for the child or children. The order they applied for about parenting arrangements can be found in

Schedule 2 of their Application About a Family Law Matter. 1. Select only one of the options below ☐ I agree that needs or circumstances have changed since the final order about parenting arrangements was made ☐ There has been no change in needs or circumstances since the final order about parenting arrangements was made ☐ I agree the agreement about parenting arrangements is not in the best interests of the child(ren) ☐ I believe the agreement about parenting arrangements is in the best interests of the child(ren) 2. I do not agree with the requested order about the existing final order or agreement because: 3.

Select only one of the options below ☐ I am applying for the existing final order or agreement about parenting arrangements to continue to be in place ☐ I am applying to change or replace the existing final order or agreement about parenting arrangements as follows: Best interests of child 4. I believe the order about parenting arrangements I am applying for is in the child(ren)’s best interests because: Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 3 – REPLY TO AN APPLICATION ABOUT CHILD SUPPORT – NEW This is

Schedule 3 to the Reply to an Application About a Family Law Matter This

schedule must be completed only if you are disagreeing with a new application by the other party about child support. The order they applied for about child support can be found in

Schedule 3 of their Application About a Family Law Matter. 1. I am: ☐ a parent to the child(ren) ☐ a person standing in the place of a parent to the child(ren) (for example, a step-parent) ☐ not a parent of the child(ren) ☐ I request a parentage test (Select only if applicable) ☐ not a person standing in the place of a parent to the child(ren) 2.

I do not agree with the order about child support requested by the other party because: Select all options that apply and complete the required information ☐ my income is not what the other party claims it is ☐ the other party’s income is not what they claim it is Explain below ☐ I believe the special and extraordinary expenses are not what the other party claims they are Explain below ☐ the living arrangements for the child(ren) are not as described Describe the child(ren)’s living arrangements below ☐ the amount would cause me undue hardship because: Note: If this option applies to your situation, you will need to complete the undue hardship portion of the Financial Statement,

Part 4 and

Part 5, in addition to any other required parts ☐ I have an unusual or excessive amount of debt I incurred to support the family prior to separation or to earn a living ☐ I have unusually high expenses to exercise parenting time or contact with the child(ren) ☐ I have a legal duty to support another person, such as an ill or disabled person or a former spouse ☐ I have a legal duty to support a dependent child from another relationship ☐ other undue hardship circumstances (specify): ☐ other reason (specify): Appendix C – Early Resolution and Case Management Model Forms

Financial statement 3. Select only one of the options below ☐ I am filing a Financial Statement in Form D with this reply ☐ I am not able to complete a Financial Statement at this time. I am filing an Application for Case Management Order Without Notice or Attendance in Form I requesting to waive the requirement that this reply be filed with a completed Financial Statement. Calculations 4.

Select only one of the options below ☐ I am attaching calculations showing how much I believe should be paid for child support according to the child support guidelines ☐ I am not attaching calculations because: IMPORTANT NOTE: This family law case includes an application about child support. You must provide your financial information with your reply to the application by completing and filing a Financial Statement in Form D.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: • order that the income information be provided • assume a party’s income is a certain amount for support purposes and make an order based on it • require a party to give security • require a party to pay the other party’s expenses, an amount to the other party up to $5,000, or a fine up to $5,000 • make any other order the court considers appropriate Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 4 – REPLY TO AN APPLICATION ABOUT CHILD SUPPORT – EXISTING This is

Schedule 4 to the Reply to an Application About a Family Law Matter This

schedule must be completed only if you are disagreeing with an application by the other party to change or cancel an existing final order about child support, or to set aside or replace all or part of an existing agreement about child support. The order they applied for about child support can be found in

Schedule 4 of their Application About a Family Law Matter. 1. Select only one of the options below ☐ I agree that circumstances have changed since the final order about child support was made ☐ There has been no change in circumstances since the final order about child support was made ☐ I agree the agreement about child support should be set aside or replaced ☐ I believe the agreement about child support was made on consideration of

section 150 of the Family Law Act 2. I do not agree with the requested order about the existing final order or agreement about child support because: 3. Select only one of the options below ☐ I am applying for the existing final order or agreement about child support to continue to be in place ☐ I am applying to change or replace the existing final order or agreement about child support as follows: Calculations 4. Select only one of the options below ☐ I am attaching calculations showing how much child support I believe should be paid according to the child support guidelines ☐ I am not attaching calculations because: Appendix C – Early Resolution and Case Management Model Forms

Unpaid child support 5. Select only one of the options below ☐ I agree that the amount of unpaid child support (arrears) in the application is correct ☐ The amount of unpaid child support (arrears) in the application is not correct. As of [mmm/dd/yyyy], the amount of unpaid child support (arrears) was $ IMPORTANT NOTE: This family law case includes an application to change an existing final order or agreement about child support. You must provide updated financial information with your reply to the application by completing and filing a Financial Statement in Form D.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: • order that the income information be provided • assume a party’s income is a certain amount for support purposes and make an order based on it • require a party to give security • require a party to pay the other party’s expenses, an amount to the other party up to $5,000, or a fine up to $5,000 • make any other order the court considers appropriate Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 5 – REPLY TO AN APPLICATION ABOUT CONTACT WITH A CHILD – NEW This is

Schedule 5 to the Reply to an Application About a Family Law Matter This

schedule must be completed only if you are disagreeing with a new application by the other party about contact with a child or children. The order they applied for about contact can be found in

Schedule 5 of their Application About a Family Law Matter. 1. I do not agree that the other party should have contact with the child(ren) as requested. Instead, I ask that the other party’s contact with the child(ren) be as follows: Select all options that apply and complete the required information ☐ no contact of any type ☐ in person: Provide specific dates or events requested, or dates and times that would be most suitable ☐ telephone communication ☐ video communication ☐ written communication ☐ other method of communication (specify): Complete only if applicable. You may leave this

section blank. I am asking to have the following conditions placed on the contact with the child(ren): Best interests of child 2. I believe the order about contact I am applying for is in the child(ren)’s best interests because: Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 6 – REPLY TO AN APPLICATION ABOUT CONTACT WITH A CHILD – EXISTING This is

Schedule 6 to the Reply to an Application About a Family Law Matter This

schedule must be completed only if you are disagreeing with an application by the other party to change or cancel an existing final order about contact, or to set aside or replace an existing agreement about contact, with a child or children. The order they applied for about contact can be found in

Schedule 6 of their Application About a Family Law Matter. 1. Select only one of the options below ☐ I agree that needs or circumstances have changed since the final order about contact was made ☐ There has been no change in needs or circumstances since the final order about contact was made ☐ I agree the agreement is not in the best interests of the child(ren) ☐ I believe the agreement is in the best interests of the child(ren) 2. I do not agree with the requested order about the existing final order or agreement about contact with a child or children because: 3.

Select only one of the options below ☐ I am applying for the existing final order or agreement about contact with a child or children to continue to be in place ☐ I am applying to change or replace the existing final order or agreement about contact with a child or children as follows: Best interests of child 4. I believe the order about contact I am applying for is in the child(ren)’s best interests because: Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 7 – REPLY TO AN APPLICATION ABOUT APPOINTING A GUARDIAN OF A CHILD OR CHILDREN This is

Schedule 7 to the Reply to an Application About a Family Law Matter This

schedule must be completed only if you are disagreeing with an application by the other party to be appointed as a guardian of a child or children. The order they applied for about guardianship of a child can be found in

Schedule 7 of their Application About a Family Law Matter. 1. I do not believe it is in the best interests of the child(ren) for the other party to become a guardian of the child(ren) because: Select all options that apply and explain why ☐ the other party is not able to be a guardian because: ☐ the other party is not suitable to be a guardian because: ☐ other reason(s) (specify): Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 8 – REPLY TO AN APPLICATION ABOUT CANCELLING GUARDIANSHIP OF CHILD OR CHILDREN This is

Schedule 8 to the Reply to an Application About a Family Law Matter This

schedule must be completed only if you are disagreeing with an application by the other party to cancel guardianship of a child or children. The order they applied for about cancelling guardianship can be found in

Schedule 8 of their Application About a Family Law Matter. 1. Do not cancel guardianship of the child(ren) as requested because: Select all options that apply and explain why ☐ the guardian is able and willing to be a guardian because: ☐ the guardian is suitable to be a guardian because: ☐ the guardian does not consent to cancellation of their guardianship because: ☐ other reason(s) (specify): Best interests of child 2. I believe it is not in the best interests of the child(ren) to cancel guardianship as requested by the other party because: Appendix C – Early Resolution and Case Management Model Forms

SCHEDULE 9 – REPLY TO AN APPLICATION ABOUT SPOUSAL SUPPORT – NEW This is

Schedule 9 to the Reply to an Application About a Family Law Matter This

schedule must be completed only if you are disagreeing with a new application by the other party about spousal support. The order they applied for about spousal support can be found in

Schedule 9 of their Application About a Family Law Matter. 1. Select only one of the options below ☐ I am (or was) the other party’s spouse ☐ I have never been the other party’s spouse 2.

I do not agree with the order about spousal support requested by the other party because: Select all options that apply and complete the required information ☐ I do not believe the other party is entitled to spousal support Explain below ☐ my income is not what the other party claims it is ☐ my employment, training, health and ability to work is not what the other party claims it is Explain below ☐ the other party’s financial situation is not what they claim it is Explain below ☐ I believe the other party’s employment, training, health and ability to work is not what the other party claims it is Explain below ☐ the other party’s expenses are not what they claim them to be Explain below ☐ other reason (specify): Appendix C – Early Resolution and Case Management Model Forms

3. The order for spousal support that I believe should be mad

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 525/2020
Type	order_in_council
Volume / chapter	arc oic 0525 2020
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	646ab2a0b2cabce8f48c06bdbac39ba8ef0f0932

Source file is stored in the law ingest library (pdf).