When the parties can agree, the judge will make a consent order at the conference. Once a family law case has been started, the parties can try to resolve their issues without going to a hearing before a Family Court judge. The parties might try negotiating with each other. This involves discussing the issues to try to reach an agreement. They could negotiate with the help of lawyers or without lawyers. They could also get help from other family members, elders or other community members. The parties could try mediation. This involves meeting with a neutral person a mediator , who helps them find a solution they agree on.
Parties can use a family justice counsellor as their mediator their services are free or they can hire a private mediator. Or the parties could try collaborative practice. The approach emphasizes full disclosure, communication, and a safe and respectful environment to help the parties negotiate a settlement collaboratively. For more on these approaches, see our information on mediation and collaborative practice no. If the parties can work out their issues, their agreement can be recorded in writing. Or it might be recorded in an order the parties agree the judge will make, called a consent order.
Most family law cases are settled by an agreement or consent order. Each party should get independent legal advice from a lawyer before they sign the document. This involves each party meeting with their own lawyer to get advice about what the agreement means, what rights and obligations the agreement gives to each party, and how the agreement affects other legal options that might otherwise be available.
If the parties cannot settle their issues and have to go to a trial, they will have a hearing before a Family Court judge. In your community, Provincial Court might have a separate courtroom for family law cases, or family law cases might be heard in one of the regular courtrooms on a particular day of the week. Usually a person is served with documents to let them know of a court proceeding that they will be involved in.
That depends on what kind of application was filed, and the method of giving notice may differ depending on what court the application was filed in. This can be a home or work address - somewhere where you know that person will receive the mailed package. For some types of proceedings, the other person has to be personally served with documents giving them notice of the proceeding. These types of proceedings include:. This means that someone - other than you or anyone else named on the court file - must hand the package of documents directly to the person being served. For more information, please see the questions and answers below.
Most of the time, you will need a mailing address to serve the other person. This can be a home address or work address. Sometimes people can be served even if you do not know where they live or work, as long as you have some other way to find them. Talk to court staff if you think this might work in your case.
Why Does BC Foreign Family Property Jurisdiction Matter?
The other person has to be given notice of your application in order for the matter to proceed. Your matter will be delayed if the other person is not properly notified of the court proceeding. It is important for you to provide the appropriate information about how the other party can receive notice of the application from the start, so that there are no delays.
It may seem frustrating to have to get this information, but it will help your matter to proceed more smoothly. In some cases, the court may be able to help you find an address for the other person, but only if you have tried to find an address first. This is a last resort, because the court may not always have access to this information, or the information the court may have access to may be out of date and not helpful. There are a number of things you can try to find an address for the other person. They can include:.
The other person in the proceeding can be served through their lawyer by giving the lawyer the documents if you are sure that the lawyer is representing the other person in THIS proceeding. You should check with the lawyer to make sure that they are representing the other person, unless the matter is already before the court and the lawyer has told the court that they are representing the other person now.
Laws, Rules and Forms
When personal service is required, this means that someone has to hand-deliver a package of documents directly to the person being served. Personal service cannot be done by mailing documents to someone, or using a courier, fax, or registered mail. If the person being served has a lawyer, that lawyer may accept service for their client. You should check with the lawyer to make sure they will accept service of the documents.
It’s one of the most controversial, difficult and most-litigated issues in family law
This also means that neither of you can serve documents relating to your file on a third party. For example, if you are going to court and need to serve a subpoena on a witness, you cannot serve the subpoena yourself. In Nova Scotia, anyone over 19 who is not a party to the file not named on the file , and who can read and write, can serve documents.
This means that you can get a friend or family member to do the service. However, it is best to get someone completely unrelated to you or your file to do the service. Getting a friend or family member to do the service puts them in the middle of your dispute, and can put them in danger if there is a risk of violence from the person being served. Getting a friend or family member to do the service may also raise concerns for the judge dealing with your file.
Divorce & Separation
If the judge has concerns about whether the personal service was done properly, this can cause problems for you. For example, you may have to arrange to get the documents re-served.
It is recommended that, where possible, you hire a professional process server to do any personal service required for your file. Professional process servers may also be called 'bailiffs. Every process server will set their own fees, and how much you have to pay will depend on things like:. Check with the process server to make sure this is something they deal with. Sometimes the court can ask Sheriff Services to help with personal service, free of charge.
This service is not always available in every court and may be different in each court site. Some courts need 6 - 8 weeks to do this work, and they may only be able to attempt service a limited number of times. This may mean that their ability to serve the other person is limited and could slow down your court process.
The court cannot guarantee that the Sheriffs will be able to have the documents served for you. Talk to court staff about this option.
BC Foreign Family Property Jurisdiction | MacLean Family Law
Make sure to note on your copy of the document what number exhibit it is marked as so you can refer to it later on. Skip to main content. Part 1: Working it Out 1.
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Reaching Agreement 5. Court 6. Building your case 7. Court Forms 8. Court Process 9. Preparing for Court Orders and Agreements Search form Search. Getting Started 2. Key Issues 3. Preparing Yourself 4. Getting Help 5. Reaching Agreement Part 2: Going to Court 6. Court 7.