Introduction
If you're served with an Application About a Family Law Matter (Form 3), read it very carefully to see what the other party wants. Read all the attachments (called schedules), too.
The other party might want to:
- get a new order,
- change or cancel all or part of a final order you already have, or
- set aside or replace all or part of an agreement you already have.
Don't ignore this application. You must file a Reply to an Application About a Family Law Matter (Form 6) within 30 days, and it can take some time to fill out the forms and gather all the documents you need.
If you don't respond in time:
- the court registry might not send you any details about court dates or other important information, and
- the other party can go to court without you.
Before you start to respond to an application:
- read the application very carefully again, then
- read through all of this guide so that you understand:
- the information you need to collect,
- the documents and forms you need to prepare,
- the time periods you have to work with, and
- what you can expect in court.
This will make the process easier.
Where do you file your Form 6?
You must file any court documents at the same courthouse registry where the application (Form 3) was filed. If you have to appear in court, you'll go to the courthouse where the application was filed.
You'll find the name of your registry in the top right-hand corner of the Application About a Family Law Matter (Form 3).
Provincial (Family) Court registries offer extra free services to help people resolve their family law issues without going to court. You must use the services your registry offers before you can file an application with the court. Use the registry finder below to find out which services the registry you're using offers.
How long will it take?
The registry will contact you about three weeks after you file your Form 6. They'll explain how to book a family management conference (FMC). You'll likely have to wait for about three weeks for your family management conference but it could be longer.
The judge will likely send you to a family settlement conference next.
But they might decide at the FMC that you need a trial or hearing. If that happens, you might have to wait for six months to a year to get a trial date.
What the law says about parenting, support, and property when you separate
For more information, see:
Get legal help
It's a good idea to get some legal help before you use this guide. If you can't afford a lawyer, you can get legal help in other ways, including:
- Lawyer Referral Service
- free (pro bono) legal clinics
- family duty counsel
- family advice lawyers
- family justice counsellors
Staff at Justice Access Centres in Abbotsford, Nanaimo, Surrey, Victoria, and Vancouver can also answer your questions and help you fill out forms.
For information about legal aid, see the Legal Aid BC website.
Court forms seem daunting, but it's just a matter of filling in certain facts. Take them one question at a time.