British Columbia Order in Council — Amendment to Provincial Court Family Rules (O.C. 647/2021)

O.C. 647/2021

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 of 133 On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Provincial Court Family Rules, B.C. Reg. 120/2020, are amended (

a) effective January 4, 2022, as set out in the attached

Schedule 1, (

b) effective May 16, 2022, as set out in the attached

Schedule 2, and (

c) effective January 4, 2022 by repealing Forms 1, 3, 4, 6, 10, 11, 12, 15, 16, 17, 19, 29, 31, 32, 33, 34, 35, 36, 37 and 44 and substituting Forms 1, 3, 4, 6, 10, 11, 12, 15, 16, 17, 19, 29, 31, 32, 33, 34, 35, 36, 37 and 44 set out in the attached

Schedule 3. Attorney General and Minister Responsible for Housing 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. 287/2020 R10543155 647 November 29, 2021

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

a) in the definition of “family violence” by adding “, with or without an intent to harm a family member,” after “includes”, (

b) by adding the following definition: “method of attendance”, in relation to a court appearance, includ es (

a) attending in person, and (

b) attending by telephone, video conference or other means of electronic communication; , and (

c) in the definition of “priority parenting matter” by adding the following paragraphs: (

h) applying for an order under

section 45 [orders respecting parenting arrangements] or 51 [orders respecting guardianship] of the Family Law Act in one of the following circumstances: (

i) the child to whom the order relates has been removed under

section 30 [removal of child] , 36 [interim supervision order no longer protects the child] or 42 [enforcement of supervision order after the protection hearing] of the Child, Family and Community Service Act and a director under that Act has advised that the order will allow the child to be returned to the person applying for the order; (ii) a director under the Child, Family and Community Service Act has advised that the child to whom the order relates will be removed under

section 30, 36 or 42 of that Act unless the order is made; . 2 Rule 6 (

c) is amended by striking out “ the Abbotsford, Campbell River, Chilliwack, Courtenay, Kamloops, New West minster, North Vancouver, Penticton, Port Coquitlam, Prince George, Richmond, and Vernon registries” and substituting “all registries, except early resolution registries and family justice registries, ”. 3 Rule 62 (

k) is repealed and the following substituted: (

k) allowing a person to attend a cour t appearance by another method of attendance; 4 Rule 63 (2) (

b) is repealed and the following substituted: (

b) allowing a person to attend a court a ppearance before a family justice manager by another method of attendance; 5 The following rule is added:

page 3 of 133 Notice to director 77.1 If a party is applying for an order descri bed in paragraph (

h) of the definition of “priority parenting matter”, the party must serve the director under the Child, Family and Community Service Act with a copy of the application. 6 Rule 97 is repealed and the following substituted: Application of

Part 97 The rules set out in this Part apply to all registries other than (

a) early resolution registries, and (

b) family justice registries. 7 The following rule is added: Transition – parenting education program registries 97.1 The rules set out in this Part do not apply in respect of an application about a family law matter if (

a) the application was filed before January 4, 2022, and (

b) the registry in which the applicati on was filed was not a parenting education program registry at the time of filing. 8 Rule 137 (1) is amended by striking out “under this Part ” and substituting “ under this Division”. 9 Rule 142 (1) is amended by adding the following paragraph: (e.1) suspending, changing or cancelling unde r

section 23 (7.1) or (7.3) of the Act an order to imprison a debtor, which was made at a hearing heard in the debtor’s absence; 10 The following rule is added: Replying to an application for order under this Division 142.1

(1) If a party is served with an applica tion under this Division 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 19 [Written Response to Application].

(2) If a party chooses to file a written response in reply under subrule (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. 11 The following rule is added: Default method of attendance 163.1

(1) Court appearances must be attended in person.

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(2) Despite subrule (1), the chief judge may direct that a class of court appearances may or must be attended by telephone, video conference or other means of electronic communication.

(3) A direction under subrule (2) may be different for different court registries, types of court appearances, classes of persons or circumstances. 12 Rule 164 is amended (

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

(1) Despite rule 163.1, the court may allo w a person to attend a court appearance by any method of attendance that the court specifies. , and (

b) by adding the following subrule:

(3) For the purposes of these Rules, a reference to attending, appearing, giving, being before a judge, justice or family justice manager, being in court or being at a place or location is not to be interpreted as requiring in-person attendance.

SCHEDULE 2 1 Rule 6 of the Provincial Court Family Rules, B.C. Reg. 120/2020, is amended by striking out “and” at the end of paragraph (b), adding “and” at the end of paragraph (

c) and adding the following paragraph: (

d) the Kamloops registry is an informal trial pilot project registry for the purposes of Division 5 [Informal Trial Pilot Project Rules] of

Part 9. 2 The following rule is added to Division 5 of

Part 9: Informal trial pilot project registry 123.1 The rules set out in this Division apply in the Kamloops informal trial pilot project registry, as set out in rule 6 (d) [parts that apply in certain registries].

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SCHEDULE 3 FORM 1 Page 1 of 3 Registry location: Court File Number: Notice to Resolve a Family Law Matter FORM 1 Provincial Court Family Rules Rule 10 1. My name is [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 understand the following people must be provided a copy of the notice to resolve: /g131all parents and current guardians of each child who is the subject of the family law matter /g131my spouse, if I am applying for spousal support /g131each other adult who the family law matter is about They are the other party/parties in this case. 4.

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: Identification of c hild(ren) 5. Select only one of the options below and complete the required information ܆My family law matter is not about a child or children ܆My family law matter is about the following child or children: Child’s full name Child’s date of birth (mmm/dd/yyyy) I I

page 6 of 133 Page 2 of 3 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. Filing location 6. I am filing this form in the court registry: Select only one of the options below ܆where my existing case with the same party/parties is located ܆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 ܆permitted by court order 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 su pport ☐ Y es ☐ No 8. There is an existing court order, agreement or plan protecting one of the parties or the child(ren), or restraining contact between the parties, including a protection order, an order, agreement or plan involving child protection services, or a peace bond, restraining order, bail condition or other criminal order ☐ Y es ☐ No

page 7 of 133 Page 3 of 3 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 Rule 17. 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. [FJSD contact information]

page 8 of 133 FORM 3 Registry location: Court File Number: Application About a Family Law Matter FORM 3 Provincial Court Family Rules Rule 24 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 /g120 an application for a new order about a family law matter to be made by the court, /g120 an application to change or cancel all or part of an existing final order about a family law matter, or /g120 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 6 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: /g131 all parents and current guardians of each child who is the subject of the family law matter /g131 my spouse, if I am applying for spousal support /g131 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:

page 9 of 133 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. Filing location 5. I am filing this form in the court registry: Select only one of the options below ܆where my existing case with the same party/parties is located ܆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 ܆permitted by court order Initial requirements 6.

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 ☐ a family justice registry and I understand I will be required to participate in a needs assessment and complete a parenting education program, unless exempt, before a family management conference can be scheduled ☐ a parenting education program registry and I understand I will be required to complete a parenting education program, unless exempt, before a family management conference can be scheduled Make an application 7.

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]

page 10 of 133 Existing written agreements or court orders 8. 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 agreement(

s) or order(

s) to your application 9. There is an existing court order, agreement or plan protecting one of the parties or the child(ren), or restraining contact between the parties, including a protection order, an order, agreement or plan involving child protection services, or a peace bond, restraining order, bail condition or other criminal order ☐ Yes ☐ No If yes, attach a copy of the order(s), agreement(s), or plan(

s) to your application Relationship between the parties 10. The parties are: Describe how you and the other party/parties are related for the purposes of this family law application 11.

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) 12.

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: 13. ܆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 14. 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

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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, and you are making a new application about parenting arrangements for a child or children identified in

section 12 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:

page 12 of 133 ܆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:

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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 12 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:

page 14 of 133 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:

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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 12 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 Abo ut 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 12 of this application: List the name of each child you are applying for support for

page 16 of 133 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 pay ments should start on [mmm/dd/yyyy or event] because: Ca lculations 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: Un due 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 hav e an unusual or excessive amount of debt I incurred to support the family prior to separation or to earn a living ☐ I hav e unusually high expenses to exercise parenting time or contact with the child(ren) ☐ I hav e a legal duty to support another person, such as an ill or disabled person or a former spouse ☐ I hav e a legal duty to support a dependent child from another relationship ܆other undue hardship circumstances (specify):

page 17 of 133 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 4 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 11 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 4.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: /g120 order that the income information be provided /g120 assume a party’s income is a certain amount for support purposes and make an order based on it /g120 require a party to give security /g120 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 /g120 make any other order the court considers appropriate

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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 12 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):

page 19 of 133 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:

page 20 of 133 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 or event] because: Financial statement 11.

Select only one of the options below ܆I am filing a Financial Statement in Form 4 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 11 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 4.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: /g120 order that the income information be provided /g120 assume a party’s income is a certain amount for support purposes and make an order based on it /g120 require a party to give security /g120 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 /g120 make any other order the court considers appropriate

page 21 of 133

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 12 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 12 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:

page 22 of 133

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 12 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

page 23 of 133 ܆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:

page 24 of 133

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

section 12 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 5 as described in Rule 26 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 5 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 11 requesting to waive the requirement that this application be filed with the additional documents.

page 25 of 133

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 12 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: I I

page 26 of 133

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

page 27 of 133 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 4 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 11 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 4.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: /g120 order that the income information be provided /g120 assume a party’s income is a certain amount for support purposes and make an order based on it /g120 require a party to give security /g120 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 /g120 make any other order the court considers appropriate

page 28 of 133

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):

page 29 of 133 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:

page 30 of 133 Financial statement 9. Select only one of the options below ☐ I a m filing a Financial Statement in Form 4 with this application ☐ I a m 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 11 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 4.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: /g120order that the income information be provided /g120assume a party’s income is a certain amount for support purposes and make an order based on it /g120require a party to give security /g120require 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 /g120make any other order the court considers appropriate

page 31 of 133 FORM 4 Registry location: Court File Number: Financial Statement FORM 4 Provincial Court Family Rules Rules 3, 25, 28 and 172 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

page 32 of 133

PART 1 – Income 1. I am attaching a copy of each of the following documents to my financial statement: ☐ m y tax return and related schedules for each of the three most recent taxation years; and ☐ any n otice 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 ☐ m ost recent pay stub or statement of earnings, or a letter from my employer stating my salary and/or wages ☐ m ost recent employment insurance benefit statement and record of employment ☐ m ost recent workers compensation benefit statement ☐ m ost recent interest and investment statement ☐ m ost recent pension income statement ☐ m ost recent government assistance statement ☐ self-e mployment 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 ☐ co nfirmation of income and draw from, and capital in, a partnership, for the three most recent taxation years ☐ corporat e 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 ☐ o ther (specify):

page 33 of 133 4. Select whichever option is correct and complete any required information ☐ I do not expect any significant changes to the total income on my tax return this year ܆I expect my total income on my tax return this year to be $ because: 5. Income

Summary: Use gross annual amounts (before taxes or deductions) except where the word “net” appears Total income before adjustments 1 My total annual income (If your total income of your most recent federal income tax return sets out what you expect your income to be for this year, record that amount. Otherwise, record what you expect your total income for this year to be from all sources of income that apply to you.) $ Adjustments to total income in accordance with

Schedule III of the Child Support Guidelines Deductions (use annual amounts) 2 Taxable child support received $ 3 Spousal support received $ 4 Universal child care benefit (UCCB) lump-sum payment $ 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 Partnership or sole proprietorship income required to use for capital in the partnership/proprietorship $ 12 Total deductions from income (add lines 2 through 11) $ Additions (use annual amounts) 13 Offset of capital gains and capital losses (if zero or less, indicate “0” in this line) $ 14 Payments made from self-employment income including wages to non-arm’s length parties except for the portion that is necessary to earn self-employment income $ 15 Capital cost allowance for property $ 16 Value of exercised employee stock options with Canadian-controlled private corporation $ 17 Total additions to income (add lines 13 through 16) $ 18 Annual income for child support purposes (line 1 minus line 12 plus line 17) $ 19 Add Any benefit paid to you for a child for whom special or extraordinary expenses are being requested that is not included in the income on line 18 $ 20 Add Spousal support received from other party (if any) $ 21 Subtract Spousal support paid to other party (if any) $ 22 Annual income for special or extraordinary expenses (line 18 plus lines 19 and 20, minus line 21) $ Other additions to income for spousal support (complete only if there is an application for spousal support) 23 Total child support received $ 24 Social assistance received for other members of your household $ 25 Any government benefit received for a child that is not included in the income on line 18 $ 26 Annual income for spousal support purposes (line 18 plus lines 23 through 25) $

page 34 of 133 PAR T 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 Monthl y Year ly $ $ 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: $ $ /g74/g3/g3 Food & Household Supplies Monthl y Year ly $ $ Groceries Eating out Household supplies such as cleaning supplies, lightbulbs, batteries, toilet paper and laundry detergent Other Food & Household Supplies Subtotal: $ $ /g74/g3/g3 Transportation M onthly Yearl y $ $ Car insurance and car loan payments Fuel Maintenance and repairs Public transit, taxis and parking Other Transportation Subtotal: $ $ /g74/g3/g3 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 $ $

page 35 of 133 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

page 36 of 133

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

page 37 of 133

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

page 38 of 133

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): I I

page 39 of 133 FORM 6 Registry location: Court File Number: Reply to an Application About a Family Law Matter ܆with counter application FORM 6 Provincial Court Family Rules Rule 28 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:

page 40 of 133 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 agreement(

s) or order(

s) to your reply 8. There is an existing court order, agreement or plan protecting one of the parties or the child(ren), or restraining contact between the parties, including a protection order, an order, agreement or plan involving child protection services, or a 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), agreement(s), or plan(

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 ☐ a family justice registry and I understand I will be required to participate in a needs assessment and complete a parenting education program, unless exempt, before a family management conference can be scheduled ☐ a parenting education program registry and I understand I will be required to complete a parenting education program, unless exempt, before a family management conference can be scheduled

page 41 of 133 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]

page 42 of 133 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 4.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: /g120 order that the income information be provided /g120 assume a party’s income is a certain amount for support purposes and make an order based on it /g120 require a party to give security /g120 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 /g120 make any other order the court considers appropriate

page 43 of 133 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 8, 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

page 44 of 133

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:

page 45 of 133

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:

page 46 of 133

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:

page 47 of 133

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):

page 48 of 133 Financial statement 3. Select only one of the options below ܆I am filing a Financial Statement in Form 4 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 11 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 4.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: /g120 order that the income information be provided /g120 assume a party’s income is a certain amount for support purposes and make an order based on it /g120 require a party to give security /g120 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 /g120 make any other order the court considers appropriate

page 49 of 133

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:

page 50 of 133 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 4.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: /g120 order that the income information be provided /g120 assume a party’s income is a certain amount for support purposes and make an order based on it /g120 require a party to give security /g120 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 /g120 make any other order the court considers appropriate

page 51 of 133

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:

page 52 of 133

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:

page 53 of 133

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):

page 54 of 133

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:

page 55 of 133

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):

page 56 of 133 3. The order for spousal support that I believe should be made is 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 4. 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 5.

Select only one of the options below ܆I am filing a Financial Statement in Form 4 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 11 requesting to waive the requirement to file this reply with a completed Financial Statement. IMPORTANT NOTE: This family law case includes an application about spousal support. You must provide your financial information with your reply to the application by completing and filing a Financial Statement in Form 4.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: /g120 order that the income information be provided /g120 assume a party’s income is a certain amount for support purposes and make an order based on it /g120 require a party to give security /g120 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 /g120 make any other order the court considers appropriate

page 57 of 133

SCHEDULE 10 – REPLY TO AN APPLICATION ABOUT SPOUSAL SUPPORT – EXISTING This is

Schedule 10 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 spousal support, or to set aside or replace all or part of an existing written agreement about spousal support. The order they applied for about spousal support can be found in

Schedule 10 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 spousal support was made ܆There has been no change in circumstances since the final order about spousal support was made ܆I agree the circumstances were as described by the other party when the written agreement about spousal support was made ܆I do not believe the circumstances as described by the other party existed when the written agreement about spousal support was made Unpaid spousal support 2.

Select only one of the options below ܆I agree that the amount of unpaid spousal support (arrears) in the application is correct ܆The amount of unpaid spousal support (arrears) in the application is not correct. As of [mmm/dd/yyyy], the amount of unpaid spousal support (arrears) was $ About the order 3. I do not agree with the requested order about the existing final order or written agreement about spousal support because: 4.

Select only one of the options below ܆I am applying for the existing final order or written agreement about spousal support to continue to be in place ܆I am applying to change or replace the existing final order or written agreement about spousal support as follows: Calculations 5. 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:

page 58 of 133 Financial statement 6. Select only one of the options below ܆I am filing a Financial Statement in Form 4 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 11 requesting to waive the requirement that this reply be filed with a completed Financial Statement. IMPORTANT NOTE: This family law case includes an application to change or replace a final order or written agreement about spousal support.

You must provide updated financial information with your reply to the application by completing and filing a Financial Statement in Form 4. If you do not give your complete, true, and up-to-date financial information when needed, the court can: /g120 order that the income information be provided /g120 assume a party’s income is a certain amount for support purposes and make an order based on it /g120 require a party to give security /g120 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 /g120 make any other order the court considers appropriate

page 59 of 133

SCHEDULE 11 – COUNTER APPLICATION PARENTING ARRANGEMENTS – NEW This is

Schedule 11 to the Reply to an Application About a Family Law Matter with Counter Application Complete this

schedule only if you are a guardian of a child making a new counter application about parenting arrangements for a child or children identified in

section 13 of the reply with counter 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 ܆I am applying for an order that gives me all parental responsibilities of 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:

page 60 of 133 ܆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:

page 61 of 133

SCHEDULE 12 – COUNTER APPLICATION PARENTING ORDER/WRITTEN AGREEMENT – EXISTING This is

Schedule 12 to the Reply to an Application About a Family Law Matter with Counter Application Complete this

schedule only if you are making a counter 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 13 of the reply with counter 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 parenting responsibilities (who makes certain decisions about the child(ren)) to be changed or replaced as follows:

page 62 of 133 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:

page 63 of 133

SCHEDULE 13 – COUNTER APPLICATION CHILD SUPPORT – NEW This is

Schedule 13 to the Reply to an Application About a Family Law Matter with Counter Application Complete this

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

section 13 of the reply with counter 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 child 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 13 of this reply with counter application: List the name of each child you are applying for support for

page 64 of 133 8. Select only one of the options below ܆Each child I am applying for an order about 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 the 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):

page 65 of 133 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 children) are included in my application for child support: Name of Child: Special and Extraordinary Expenses 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 4 with this counter 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 11 requesting to waive the requirement that this counter application be filed with a completed Financial Statement. IMPORTANT NOTE TO THE OTHER PARTY: This family law case includes a counter 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 4.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: /g120 order that the income information be provided /g120 assume a party’s income is a certain amount for support purposes and make an order based on it /g120 require a party to give security /g120 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

page 66 of 133

SCHEDULE 14 – COUNTER APPLICATION CHILD SUPPORT ORDER OR WRITTEN AGREEMENT – EXISTING This is

Schedule 14 to the Reply to an Application About a Family Law Matter with Counter Application Complete this

schedule only if you are making a counter 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 13 of the reply with counter 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):

page 67 of 133 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: Abo ut 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: Unpai d 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 mont h ܆in a lu mp 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:

page 68 of 133 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 the application is made or the start date of a new job The order about child support should start on [mmm/dd/yyyy or event] because: Financial statement 11.

Select only one of the options below ܆I am filing a Financial Statement in Form 4 with this counter 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 11 requesting to waive the requirement that this counter application be filed with a completed Financial Statement. IMPORTANT NOTE TO THE PARTIES: If this family law case includes a counter application to change or replace an order or agreement about child support, you must provide financial information with your counter application or reply to this counter application by completing and filing a Financial Statement in Form 4.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: /g120 order that the income information be provided /g120 assume a party’s income is a certain amount for support purposes and make an order based on it /g120 require a party to give security /g120 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 /g120 make any other order the court considers appropriate

page 69 of 133

SCHEDULE 15 – COUNTER APPLICATION CONTACT WITH A CHILD – NEW This is

Schedule 15 to the Reply to an Application About a Family Law Matter with Counter Application Complete this

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

section 13 of the reply with counter 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 13 of this reply with counter 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:

page 70 of 133

SCHEDULE 16 – COUNTER APPLICATION CONTACT ORDER OR WRITTEN AGREEMENT – EXISTING This is

Schedule 16 to the Reply to an Application About a Family Law Matter with Counter Application 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 13 of the reply with counter 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

page 71 of 133 ܆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 the child 6. I believe the order I am applying for is in the child(ren)’s best interests because:

page 72 of 133

SCHEDULE 17 – COUNTER APPLICATION TO APPOINT A GUARDIAN OF A CHILD OR CHILDREN This is

Schedule 17 to the Reply to an Application About a Family Law Matter with Counter Application Complete this

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

section 13 of the reply with counter application. Order about guardianship 1. ☐ I am applying to be appointed as a guardian of the following child(ren) identified in

section 13 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 5 as described in Rule 26 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 5 6.

Select only one of the options below ܆I am filing the following required documents along with this counter 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 11 requesting to waive the requirement that this counter application be filed with the additional documents.

page 73 of 133

SCHEDULE 18 – COUNTER APPLICATION TO CANCEL GUARDIANSHIP OF A CHILD OR CHILDREN This is

Schedule 18 to the Reply to an Application About a Family Law Matter with Counter Application Complete this

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

section 13 of the reply with counter 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 the child(ren) 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:

page 74 of 133

SCHEDULE 19 – COUNTER APPLICATION SPOUSAL SUPPORT – NEW This is

Schedule 19 to the Reply to an Application About a Family Law Matter with Counter Application Complete this

schedule only if you are making a new counter 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

page 75 of 133 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 4 with this counter 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 11 requesting to waive the requirement that this counter application be filed with a completed Financial Statement. IMPORTANT NOTE TO THE PARTIES: This family law case includes a counter application about spousal support.

You must provide your financial information with your counter application or reply to this counter application by completing and filing a Financial Statement in Form 4.

If you do not give your complete, true, and up-to-date financial information when needed, the court can: /g120 order that the income information be provided /g120 assume a party’s income is a certain amount for support purposes and make an order based on it /g120 require a party to give security /g120 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 /g120 make any other order the court considers appropriate

page 76 of 133

SCHEDULE 20 – COUNTER APPLICATION SPOUSAL SUPPORT – EXISTING This is

Schedule 20 to the Reply to an Application About a Family Law Matter with Counter Application Complete this

schedule only if you are making a counter 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):

page 77 of 133 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:

page 78 of 133 Financial statement 9. Select o

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 647/2021
Type	order_in_council
Volume / chapter	arc oic 0647 2021
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	b187967fd43b1a09e53e934a08d19370cbd697e0

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