Prepare a Notice of Application
You'll need
- A Notice of Application (Form F31) to apply for an interim order
- An Affidavit (Form F30) to support the application
- A Financial Statement (Form F8), if applicable and not already completed
Fill out the forms and complete the documents
Notice of Application (Form F31)
A Notice of Application must be in Form F31. It must not be more than 10 pages (not including any draft order you attach) and must include the information listed below. Follow the guidance to help you complete each part.
Court File Number and Registry
Your file number is located on the Notice of Family Claim. Select from the drop down menu of the F31 the name of the registry where your Notice of Family Claim was filed. In almost all cases, your application is heard in the courthouse where the Notice of Family Claim was filed.
The Parties
The top section of the Notice of Application sets out who the parties are to the claim. The parties should be the same as they are on the Notice of Family Claim (the court document that started the claim). If you are making the application, you are the “Filing Party”. The other party is the “Affected Party”.
Address of Registry and Date of Application
Use the drop down menu from the F31 court form to type in your registry and it will automatically fill out the address of the registry where the application will be heard.
Before preparing the application, try to agree with the other party on a hearing date when you are both available. If you set a date for the hearing when the other party is not available, you will both have to appear in court when the other party applies to adjourn or reschedule the hearing. This can lead to delays and added costs. However, if you cannot agree on a date, or get in contact with the other party, you can choose a date yourself to put in the Notice of Application.
You must allow enough time for the service of the documents and for the other party to respond before you set the hearing date. See Step 3 Copy, File and Serve the Documents for more information.
If you expect the hearing to take more than 2 hours, the court registry will fix the date and time of hearing. If you expect the hearing to take less than 2 hours, then the hearing of an application must be set for 9:45 a.m. on the date the court hears the application.
Part 1: Order(s) Sought (what are you asking for)
Part 1 of the Notice of Application requires you to write out the order(s) you are asking the court to make. This information should be set out in numbered paragraphs. Remember that you can ask for more than one order in your application. For example, you may want to ask for interim (temporary) child support, and orders relating to the use of the family home. While not required, you may also attach a draft of the order you are seeking.
Part 2: Factual Basis (the facts)
Part 2 of the Notice of Application asks you what is the factual basis of your application. Give a brief summary of the facts that support your application in numbered paragraphs.
Part 3: Legal Basis (the law)
In Part 3 of the Notice of Application, you must set out the legal basis of the application, including the rule or statute (e.g. Family Law Act or B.C. Supreme Court Family Rules) that gives the court the power to make the order(s) you are seeking. If you see a lawyer before preparing your Notice of Application, this is something you should ask about. If you need help with looking up the law see Canlii or Courthouse Libraries BC for access to legislation and caselaw.
Part 4: Material To Be Relied On (your evidence)
Part 4 of the Notice of Application requires you to list the affidavits and any other material that you are going to rely on in making your application. You must file at least one affidavit that sets out the supporting evidence along with your application. You can also rely on other documents, such as pleadings (the Notice of Family Claim, Response to Family Claim), a financial statement (Form F8) of either party, or examination for discovery excerpts. List all these documents in numbered paragraphs.
Step 7: Time Estimate
You are required to say in the Notice of Application how long you think the application will take to be heard. You must consider the time you think it will take the other side to respond to your submissions in court. For example, if you think you will take 30 minutes and you think the other party will take 30 minutes you will write 1 hour for your time estimate. It is important to be as accurate as possible in giving this time estimate to the court.
Tips on Time Estimates
- If your case only involves one or two matters and there is not a lot of evidence in the affidavits, it will probably take less than two hours.
- If your case involves more than two issues and/or there are a lot of facts that you and the other person don't agree on, it will probably take more than two hours.
Judge or Associate Judge
You will have to indicate if your application is within the jurisdiction of an associate judge, or if it must be heard by a judge. Associate judges can hear interim family applications; however, they cannot hear an application that results in a final order. If you are unsure you can ask the registry.
Affidavit (Form F30)
For help writing the Affidavit, see:
- Checklist of information to include in an affidavit or bring to court,
- How do you write an affidavit?, and
- Write an affidavit.
Financial Statement (Form F8)
For help filling out a Financial Statement (if you're applying to change an order for child or spousal support), see Complete a Supreme Court Financial Statement (Form F8).
The forms contain technical instructions to help you fill them out. For more help using the forms, see Common questions about the Supreme Court PDF forms.