Some types of orders have a different process than the Application about a family law matter. These include:
Let’s look at each of these processes individually.
Judges can make orders that involve managing and organizing the case. Case management orders can be made at any time during the life of a family law case. Most types of case management order will require you to file and serve the other parties with notice of the application at least 7 days notice. This type of application will use an Application for case management order (Form 10). Some kinds of case management orders do not require notice and can be made using an Application for case management order without notice or attendance (Form 11). See Form 10 and Form 11 for a list of types of case management orders you can ask for.
Case management orders include:
You can get a case management order by consent and without a hearing, you just need to specify it in the form.
You can apply for a protection order under the Family Law Act by filing an Application about a protection order (Form 12). You do not need to have a case in court. If you have a case in court, it does not matter which registry you are in, you do not need to fulfill any early resolution requirements before filing for a protection order. It is a good idea to talk to duty counsel or another lawyer before you file your application.
You usually have to give the other party notice of a protection order by having someone serve them personally at least 7 days before the date the application is going to be heard. However, if you or your children are in immediate danger or there will be serious consequences if you let the other person know about the application, you can make the application without notice to the other party. If you ask for a protection order without notice you will have to satisfy the court that the risks and potential serious consequences are real. If you apply without notice, your application will be heard right away.
If you are granted a protection order, it will come into effect right away unless the order states otherwise. This means the other party has to follow it the moment the judge makes the order. If the person who the protection order is about is not in court when the order is made, they need to be informed of the order and personally served with it as soon as possible. The registry can help with personal service if the person is in BC.
Priority parenting matters are a distinct list of time sensitive matters that will be reviewed by a judge to assess urgency and may proceed directly to a hearing with a judge before the parties complete any of the applicable requirements for a related family matter. They generally involve urgent instances where guardians do not agree, there will be major consequences to the child’s relationship with a guardian or the child’s health and wellbeing, and a decision must be made quickly.
Priority parenting matters include:
To apply for an order for a priority parenting matter, file an Application about a priority parenting matter (Form 15).
If a guardian wants to change the location of their residence or the residence of the child and the change will likely have a significant impact on the relationship with the child’s other guardian or significant person in the child’s life
If you have a written agreement or order respecting parenting arrangements or contact with a child…
You can make an Application for order prohibiting the relocation of a child (Form 16). If you do not have written agreement or order, you will use the Application about a priority parenting matter.
You must file an Application for order prohibiting the relocation of a child within 30 days of receiving written notice that the guardian plans to relocate the child. You must serve the following on the other party at least 7 days before the court appearance date indicated on the application:
You can apply for a consent order without attending a court by filing:
The judge could do any of the following when considering a consent order: