Sarah MillerLawyerBefore filing an application, you will need to choose which court to go to. Sometimes people have one action in Provincial Court and another action in Supreme Court at the same time. Choosing the right court can save you time and money.
Self-represented parties should generally use the Provincial Court whenever possible. This is because you can often get in front of a judge more quickly, the Provincial Court Rules are less complicated, there are fewer forms and procedural requirements, and you won’t have to compensate the other person for his or her legal fees if you make a mistake or lose your application.
PROVINCIAL COURT
All of the Provincial Court Family forms can be found here.
You can file your application in Provincial Court if you are seeking orders regarding child support, parenting arrangements or parental responsibilities (decision-making authority), spousal support, or a family protection order.
If you proceed in Provincial Court, you will most likely want to file the following forms:
(1) Application (Application About a Family Law Matter OR Application About a Priority Parenting Matter. If you are only seeking child support, you will likely want to file the Application About a Family Law Matter)
(2) Affidavit
(3) Financial Statement (Required if you may have an obligation to pay child support or share the child(ren)’s Section 7 Expenses, or if you are seeking or being asked to pay spousal support)
(1) Application About a Family Law Matter
Family law matters include:
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Parenting arrangements: The term “custody” is no longer used in the Family Law Act and Divorce Act. “Parenting arrangements” include guardianship; parental responsibilities (decision-making authority); and the parenting time that each guardian spends with a child. Parental responsibilities may be shared or exercised separately. The courts do not make orders regarding parenting arrangements based on what is “fair” to the parents. The only thing the court will consider in making orders regarding your parenting arrangements is what is in the best interest of the child.
Child support – this includes monthly child support and special or extraordinary expenses (“Section 7 Expenses”). Section 7 Expenses may include child care, medical care, extracurricular activities, and other significant expenses that are reasonable, necessary, and significant. A child has the right to be supported by both parents, whether or not the parents ever lived together or the parent has ever lived with the child.
Contact with a child: Contact time refers to the time a child spends with someone who is not their guardian. This person could include a parent who is not a guardian to a child, or other people, like grandparents, elders, aunts and uncles, or a family friend.
Guardianship of a child: Only guardians have parental responsibilities and parenting time with a child. An agreement or order about parenting arrangements can say a child’s guardians share parental responsibilities or parenting time. Or it can say one guardian is responsible for more of the parenting decisions and has more of the parenting time with the child.
Spousal support – money that one spouse pays to another spouse for their financial support after separation. A spouse that seeks spousal support will need to establish entitlement. After entitlement is established, the court will consider the Spousal Support Advisory Guidelines when making an order for spousal support.
(2) Affidavit
Use this form to explain the facts that you want to present to the court when you apply for an order. You can attach Exhibits (such as photos or screenshots) to substantiate your claims. You will need to swear your Affidavit under oath or affirm it to be true. A lawyer, notary public, or commissioner for taking affidavits usually needs to witness your signature, but you might be able to file it with the court unsworn.
You will need to file a Financial Statement in the following circumstances:
(a) you have a child support obligation
(b) there is split or shared parenting time
(c) there is a child 19 years old or over for whom support is being applied for
(d) a party has been acting as a parent to a child of the other party
(e) the paying parent earns more than $150,000 per year
(f) there is an application for special or extraordinary expenses for a child
(g) you are claiming undue hardship
(h) you or your spouse are seeking spousal support
If you must file a Financial Statement but cannot complete it yet, you can apply to the court to file your application first using the Application for Case Management Order Without Notice or Attendance.
Note that you will need to attach proof of your income, such as your three most recent income tax returns, three most recent notices of assessment, and additional documents, which vary based on the source(s) of your income.
SUPREME COURT
You will need to go to Supreme Court to seek orders regarding property division (including pension division), debt division, or divorce. Any application that can be filed in Provincial Court can also be filed in Supreme Court.
All of the Supreme Court Family forms can be found here.
The first step is filing your Notice of Family Claim.
We strongly recommend that you seek legal advice before filing a Notice of Family Claim. If one of the orders you need is an order for divorce, see this forum topic regarding divorce proceedings.
(2) Judicial Case Conference (“JCC”)
Unless a urgent order is required, the second step is to schedule a Judicial Case Conference (“JCC”). See this forum topic to learn more about JCCs.
Whoever schedules the JCC will need to serve a Notice of Judicial Case Conference on the other party.
After you attend the JCC, you will be able to file a Notice of Application. This form tells the judge what you want ordered; the factual basis/background information; the legal basis; and the material that you will rely on.
You will need to file a Financial Statement if you are being asked to pay child support, or if you want the other party to share the children’s special or extraordinary expenses (“Section 7 Expenses”). This is because Section 7 Expenses are usually divided by the parents in proportion to their incomes, so the judge will need to know the incomes of both parents.
If you are seeking spousal support, or being asking to pay spousal support, both you and your spouse will need to file a financial statement.
If you or the other party are seeking the division of property or debts, you will both need to file a financial statement.
Note that you will need to attach proof of your income, such as your three most recent income tax returns, three most recent notices of assessment, and additional documents, which vary based on the source(s) of your income.