8.2 Completing Court Forms

Resource:
To assess court forms for:

For more details and for less common forms, check out the Family Law in BC Court Forms and JP Boyd’s forms guide.​

You will need to use your legal writing skills when completing court forms. Court forms are the documents that the court needs from you. These forms ask for specific information from you that help the judge understand your case. Filling out court forms properly helps the judge get a better idea of your situation. For many court forms, you will provide information by filling in blanks and checking boxes.

At the start of your case, you will need initial court forms (sometimes called pleadings). These are the documents that start or respond to an action. Pleadings are important because they set out what your position is and what you want from the court. In your pleadings, you must clearly write what you want the judge to order.

Note: Pleadings in Supreme Court are notices of family, responses and counterclaims. In Provincial Court they are applications and replies.

 When writing your initial forms:

  1. Know what order you want – Considering what your legal rights and obligations are and what you want, you can figure out what order to ask from the judge. Look at your Case Building Worksheet from last chapter; you’ve already noted what you want to ask the judge in the first column. Remember you don’t have to claim everything you’re entitled to. It might be helpful to speak to a lawyer before forfeiting any claims if you’re unsure what to do.
  2. Know your legal position – Get familiar with what your legal rights and obligations are. You won’t want to ask for an order that you don’t have a legal right to.
  3. Know the legal position of the other person – Try to understand what the other side wants and why.
  4. Know what to write- Include everything you want the court to order. A judge can only grant you an order that is requested in your initial forms. (E.g. if you only claim child support in your pleadings, you won’t be able to ask the judge for an order relating to property division.)

Tips for writing forms:

  1. Know who’s who- If you are applying or starting the proceedings, you are the Applicant/Claimant. If you are responding, you are the Respondent. The forms and the courts will ask you whether you are the Applicant or Respondent.
  2. Using names
    1. Use full names, including middle names.
    2. If you or the other party often use a name other than the name on your marriage certificate, include that name by adding “AKA” before that name.
    3. If you or your spouse changed your legal name since you were married, include that new name. Bring a copy of the Vital Statistics change of name certificate when you file your documents.
  1. Complete – Be sure to fill in every part of the forms that apply to, you even if the answer is obvious.
  2. Accurate – Be accurate and truthful. Being dishonest in your forms will hurt your case.
  3. Keep it professional- Remember that a judge and the other party will be reading this.
  4. Review – make sure you read through your form before submitting it. Read it as if you know nothing about the case, you’ll want to understand what the facts and orders sought are. Seek legal help if you want a professional to look over your forms.  Check out Using Professionals in Chapter 4 for more information.

Often the trick is to figure out the correct form to use.  Take a look at the most commonly used court forms for Provincial Court and Supreme Court.

Now that you’re a little more familiar with writing court forms, it’s time to practice writing them. Go through the Court Forms Writing Activity.

 

SECTION: Common Provincial Court Forms

Form

Name

Description

Sample

Guide

Initial Forms

 

 

 

 

Form 1

PDF

Application to obtain an Order

This is the form to start your case for a new order. (Usually the first document you will file)

PDF

 

Form 2

PDF

Application Respecting Existing Orders or Agreements

If you already have an order or agreement but wish to change/ terminate or suspend it this is the form to start proceedings.

PDF

 

Form 19

PDF

Consent

If you want an order that you and the other party both agree to, fill out this form.

 

 

Form 3

PDF

Reply

To respond to an application in Provincial Court for a new order (or to change an order) by the other party. In this form, you can explain what parts of the application you agree with and what parts you don’t agree with. You can also ask the court to make the orders you want by filling out the Counterclaim portion of the form.

PDF

 

 

Forms for interim orders

 

 

 

 

Form 16

PDF

Notice of Motion

Use this form to apply for an interim (temporary) order after you’ve started your case by filing an F1 or F2.

PDF

 

Form 24

PDF

Notice of Motion in Maintenance Enforcement

Use this form to ask a judge to make an order to deal with any side issue related to enforcing a maintenance order.

 

 

Supporting Forms

 

 

 

 

Form 4

PDF

Financial Statement

To tell the judge about your income, expenses, assets, and debts. Must be filed in some cases (ex: in some cases if you apply for to child support) and in all cases when you respond to child support or apply for, or respond to an application for spousal support.

PDF

 

Form 34

PDF

Affidavit in Support of Application for Guardianship

Use this special Affidavit to apply to become the guardian of a child if you are a parent who doesn't have guardianship or a non-parent, (relative or non-relative), who wants to become the child's guardian.

 

 

Form 17

PDF

Affidavit

Use this form to create a document that states facts that you want to present to the court when you apply for an order (for example, for guardianship or support), and that you swear under oath or affirm to be true.

 

 

Order Forms

 

 

 

 

Form 26

PDF

Order

 

 

Order Picklist

Form 20

PDF

Consent Order

Use this form to draft an order when you and the other party agree on the terms of your court order. Once the judge signs it, this becomes your consent order.

 

Order Picklist

Form 25

PDF

Protection Order

This form sets out conditions that must be followed in order to protect a family member from family violence. When the judge makes the protection order and signs it, it becomes an official court order.

 

Order Picklist

 

Guide

 

 

 

SECTION: Common Supreme Court Forms

Form

Name

Description

Sample

Guide

Initial Forms

 

 

 

 

Form 3

PDF

Notice of Family Claim

To start most family law cases It gives the court basic information about your case and the final orders you want. It can be used for an uncontested divorce if you agree on how to settle all your issues.

PDF

Guide

Form 1

PDF
 

Notice of Joint Family Claim

To start an application if you and your former spouse agree on how to settle all your issues and want to apply together. 

PDF

 

 F33

PDF

 Consent Order

Use this form if you're applying for an interim order or an order to change a final order, and you and the other party agree on what the order should say.

PDF

Guide

F4
PDF

 Response to Family Claim

Use this form to respond to the other party's Notice of Family Claim.

PDF

Guide

F5 
PDF

Counterclaim

To respond to a Notice of Family Claim and you want the court to make different orders than the ones the other party asked for. 

PDF

Guide

F6 

PDF
 

Response to Counterclaim

Use this form to respond to the other party's Counterclaim.

PDF

 

Forms for interim orders

 

 

 

 

F31

PDF
 

Notice of Application

To apply for an interim order, to change, suspend or terminate a final court order, arbitration, filed agreement or a determination of a parenting coordinator. It sets out what type of order you want, what evidence you'll use, what the legal basis is for the order, and how long you think the hearing will take.

PDF

Guide

Form 32
PDF

 

 Application Response

To respond to a Notice of Application.

 

 

Supporting Forms

 

 

 

 

F8

PDF
 

 Financial Statement

Provides information about your income, expenses, assets, and debts. Must be filed in some cases if you apply for child support and in all cases when you  respond to an application for child support or apply for or respond to an application for spousal support. 

PDF

Guide

F101

PDF

 Affidavit (guardianship)
 

If applying to become the guardian of a child, if you are a parent or a non-parent.

 

 

F30

PDF
 

 Affidavit

To state facts that you swear under oath usually on an interim or consent application. 

PDF

Guide

F16 

PDF

Affidavit of Ordinary Service

Use this form to prove that court documents have been delivered.

PDF

Guide

F15 

PDF
 

Affidavit of Personal Service

Use this form to prove that court documents have been personally delivered, by someone other than the parties involved.

PDF

Guide

F38

PDF

 

Affidavit- desk order divorce

Use when applying for an uncontested divorce

 

 

F37

PDF
 

 Child Support Affidavit

Use if applying for final uncontested uncontested orders when all the issues are settled and children are involved. It outlines what financial and parenting arrangements have been made for the children.

Samples

 

Notice Forms

 

 

 

 

F19 

PDF 

Notice of Judicial Case Conference
 

File this form at the court registry to request a date and time for your Judicial Case Conference (JCC) and give it to the other party.

Sample 

 

F44

PDF
 

 Notice of Trial

To schedule your trial. Done after you've reserved trial dates. 

PDF

 

Order Forms

 

 

 

 

F51

PDF 
 

Order Made After Application

For interim orders or to change an order. Set out the details of what you want the judge to order.

PDF

Guide

F51.1

PDF 

Order Made at Judicial Case Conference
 

Use this form when you and the other party have agreed on orders made at a Judicial Case Conference. Set out the details of what you have agreed to. 

PDF

Guide

F52
PDF

 Final Order

Use this when applying for  or writing a final order. 

PDF

Guide

F54

PDF

 Protection Order

Sets out the details of what you want the court to order (or what they have ordered) when you apply for an order to protect you or a family member.