9.2 File and Serve

STEP 1A: File an Application to Obtain an Order

If you already have an order or agreement you wish to change, you will be filing an Application Respecting Existing Orders or Agreements (see Chapter 11.4 for more on these applications). You start your claim by filing an Application to Obtain an Order (Form 1). We discussed last chapter how to write court forms, such as Applications to Obtain an Oder, be sure to review that before starting your application.  Provide all the information required in the forms to the best of your knowledge.  You will only need to fill out the parts of the form that apply to you. For instance, if you don’t have children you won’t be filling out the sections relating to children. If you are applying for an order relating to child support, you may need to file a Financial Statement (the form will tell you if you do). If you are applying for spousal support or special expenses, you will need to complete a Financial Statement (Form 4). File the original and make 3 copies of that financial statement and any additional required documentation. For more information about when and how to complete and file a Financial Statement, see the Family Law Website's "How to Deal with a Provincial Court Financial Statement Self-Help Guide".

STEP 1B: File a Reply and Counterclaim 

You must file a Reply in Form F3 within 30 days of receiving the application. If you do not reply, you will not receive notice of further court proceedings and orders can be made without you being there. If you want to ask the court to make different orders than the ones the other party has applied for, fill out the Counterclaim section of the Reply.

Serving Documents in Provincial Court 

The court has very specific rules on how to give (serve) documents to the other side. Judges are very concerned about service being properly done. If you fail to serve according to the rules, the judge will deny your application until you have done so. Refer back to Chapter 8 for more on Serving Documents