4 Unknown
The Application About a Family Law Matter is used to apply to the court for a court order pertaining to parenting arrangements, child support, contact with a child, guardianship of a child and spousal support. This can be for a new order, an order to change or cancel all or part of an existing order final order, or an order to set aside or replace all or part of a written agreement. The Application About a Family Law Matter has ten schedules attached to it that allow the filing party to provide information about each specific order they are applying for. The parties would only complete and print out the schedules that apply to their situation. Any existing orders or written agreements must be filed with the Application About a Family Law Matter. The following page shows an example of a completed Application About a Family Law Matter and Schedules 1 and 9, since the other schedules are not required in this example, those pages have been discarded.
Family Law—Chapter 4
4.6
Court file
number –
leave blank
for registry to
fill in
Full names of
the parties
involved
Family Law—Chapter 4
4.7
See page 4.5
to determine
the type of
registry the
court location
you are filing
in is
Issues the
filing party
wants dealt
with
Indicates
whether any
previous
orders or
agreements
have been
made
Including previous
agreements makes them part
of the proceeding.
Family Law—Chapter 4
4.8
Family Law—Chapter 4
4.9
Only complete and
include the relevant
schedules relating to the
court orders asked for in
section 6 of the form 1
Family Law—Chapter 4
4.10
Family Law—Chapter 4
4.11
Family Law—Chapter 4
4.12
Family Law—Chapter 4
4.13
Once the Application About a Family Law Matter been filed, notice of the application has to be given to all parents/guardians of each child who is included in the family law matter, the filing party’s spouse (if applying for spousal support), and any other adult who the application is about.
To give notice, the above noted people must be given the following documents by personal service: a) copy of the filed Application About a Family Law Matter b) Instructions about how to obtain and file a Reply to an Application About a Family Law Matter (Form 6), and
c) Copy of any other documents filed with the Application About a Family Law Matter, including a Financial Statement (Form 5), if necessary.
Anyone (except the parties to the proceeding) aged 19 or over who is not legally disabled can serve documents. After serving the documents, that person must swear a Certificate of Service (Form 7) in front of a lawyer, or a notary public, or a commissioner. (Alternate methods of service are allowed with the permission of a judge.)
The Reply to an Application About a Family Law Matter (Form 6) is filed by the other parties within 30 days of being served to define their position on the claims made by the filing party. In the Reply, the other parties may either agree with the application, disagree with the application, or file a counterapplication with their own application for an order.
The Family Court clerk will send copies of the Reply to the filing party. If no Reply is filed, the other party will not receive notice of any part of the case, including any conference, court appearance, hearing or trial and orders may be made against them without their knowledge.
If the other party is late filing their Reply, but the judge has not yet made an order, court staff may accept and file the Reply, and the regular court process will continue. If, however, the judge has already made an order, the other party will need to file an Application for Case Management Order (Form 7), asking that the court cancel the order. If the judge cancels the order, the regular court process will then continue.
If the Reply includes a counter application, the party that receives the counter application must respond by filing a Reply to a Counter Application (Form 8), and any additional documents that may be required to be filed, within 30 days after the date they received the Reply with counter application.
Family Law—Chapter 4
4.14
Insert
information
from Form 1.
Full names of
the parties
involved
6
Do not fill out
this section if
the party is
unrepresented
Family Law—Chapter 4
4.15
Family Law—Chapter 4
4.16
This is where the party can make a counter
application if they so wish. If they make a
claim on this page, the filing party will need
to file a Reply to A Counter Application
(Form 8)
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4.17
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4.18
The Schedule 9 is
required because the
party disagrees with the
spousal support request.
No schedule 1 is required
because the party does
not disagree with the
parenting arrangements
proposed on the
Application
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4.19
Family Law—Chapter 4
4.20
Stage Three
Disclosing Evidence
The parties exchange evidence with each other.
In Provincial (Family) Court Proceedings, Stage Three—Disclosing Evidence begins at the same time as Stages One and Two.
If there is any type of financial claim in the Application or the Reply such as spousal or child support, the parties must file copies of the evidence required to prove their entitlement to the financial claim.
Each party must file a Financial Statement (Form 5) which is a sworn statement that outlines their income, expenses, assets, and debts. The filing party must attach documentation as proof of their financial situation. (For example: three years of Income Tax Returns or Notice of Assessments, etc.)
If the filing party is making a financial claim, they must file and serve the other party with the Financial Statement (and attached financial documentation) at the same time as the filing party files and serves the Application About a Family Matter.
Stage Four
Hearing the Dispute
The parties appear before a decision maker (i.e. Judge, Master, Arbitrator etc.) and present their case. The decision maker makes a decision.
For a legal administrative assistant, this stage deals with the procedures and documents needed to prepare for the hearing, and the procedures and documents arising from the decision of the court.
THE FAMILY MANAGEMENT CONFERENCE
Once the Reply is filed, the court registry will schedule or provide the parties with instructions on how to schedule the Family Management Conference. If no Reply is filed, the filing party must file a Certificate of Service (Form 7) confirming that the required documents were properly served, Family Law—Chapter 4
4.21
and the other party will not be entitled to receive notice of any further proceedings unless they can obtain a court order allowing them to file the Reply late.
The purpose of a Family Management Conference is to stabilize a family’s situation until major issues can be resolved by agreement or trial. Occasionally, all legal issues may be resolved at a Family Management Conference.
The Family Management Conference is an informal process in which a judge or family justice manager can assist the parties to identify the issues to be resolved, explore options to resolve the issues, accept evidence and make a variety of orders including consent orders, interim orders, case management orders and conduct orders. If a party does not file a Reply or fails to attend the Family Management Conference, the judge can make an order without the party present. At the Family Management Conference, the judge can also determine the best way for the matter to proceed. For example, the judge could decide that the parties should proceed to a trial; attend another Family Management Conference; attend a Family Settlement Conference; or attend a Trial Preparation Conference.
A Family Settlement Conference is a mediation facilitated by a provincial court judge to help the parties come to a mutually agreeable arrangement, rather than one imposed by a judge. The court recommends parties first schedule a consensual dispute resolution or mediation outside court if possible as the time a judge can spend with the parties at a Family Settlement Conference is limited. If the parties are unable to reach an agreement at the Family Settlement Conference, the judge may direct that the matter go to trial and assist the parties in determining how long the trial will be.
A Trial Preparation Conference is held to help organize and streamline the trial. For example, the types of documents that will be presented, or the witnesses that will be called at trial can be determined. Streamlining the trial beforehand maximizes the efficiency of the trial and reduces the amount of time required. Wherever possible, the same judge will preside over the Trial Preparation Conference and the Trial.
PRIORITY MATTERS (OR OTHER APPLICATIONS IN COURT)
Priority matters have their own process and forms that allow them to be dealt with quickly. Priority Applications relate to orders seeking:
Matter
Commenced by Filing
Protection
Application About a Protection Order
Priority Parenting Matter
Application About a Priority Parenting Matter
Prohibiting Relocation
Application For Order to Prohibit Relocation
Enforcement (not under FMEA)
Application About Enforcement
Case Management
Application for Case Management Order
These Priority Applications are small litigation proceedings in and of themselves. Therefore, each Priority Application goes through the stages of the litigation model. The stages are combined to speed the process.
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4.22
Stage One, Two and Three Combined – Commencing and Notifying; Defining; and Disclosing Evidence
The Priority Application is commenced by filing the appropriate form listed above.
Because these Priority Applications result in an order that can affect another party, where appropriate, the affected party must be notified that an application has been made. The issues must be defined and the evidence disclosed so that the other party can properly respond. The Priority Applications define the issues and are served on the other party at least 7 days before the hearing. The application can be timed to be heard at the same time as a Family Management Conference or any time after. Matters of safety can be heard before the Family Management Conference.
If the party applying for the Priority Application order plans to submit any documents or facts to support the application, they must do so using an affidavit. Because the affidavit contains the evidence the party is relying on, the affidavit must be provided to the other party at least 7 days before the hearing as well. Therefore, the Priority Application is usually served with the supporting affidavits.
In some exceptional circumstances, Priority Application orders may be given without notice or with less than 7 days’ notice (referred to as “short notice”) having been given to the other party.
For example, if the immediate welfare of a child is at stake, a judge may give an Ex Parte Priority Application order. Ex Parte means only one side was heard before the order was given. In this case, the application is commenced by filing an Application for Case Management Order Without Notice or Attendance (Form 11) in addition to the specific Priority Application the party desires. For example, if a party was making an application for a priority parenting matter with notice, they would file an Application About Priority Parenting Matter only. If a party was making the same application without notice, they would need to file an Application for Case Management Order Without Notice or Attendance and an Application About Priority Parenting Matter.
TRIAL AND FINAL ORDER
For a legal administrative assistant, most of the work involved in the trial stage occurs before and after the actual trial.
Preparation for Trial
a) Subpoenas and witness fees must be served on witnesses.
At least 30 days before trial:
b) Each party must file and serve a summary of the expert evidence the party intends to call at the trial.
At least 14 days before trial:
c) A party must give notice if they wish to examine an expert or obtain court permission to call as a witness the person who wrote a parenting arrangement report.
Family Law—Chapter 4
4.23
A legal administration assistant would assist their lawyer in preparing for the actual trial by creating case books, organizing documents, preparing trial books, etc.
Preparing an Order after a Trial
After trial, the lawyer for the successful party usually drafts the Order. In some registries, if only one party is represented by a lawyer, that lawyer is required to draft the Order. (The court clerk would provide the lawyer with notes.) If neither party is represented by counsel, the court clerk will prepare the Order. The Order is signed as approved by the lawyer for each party represented, and by any party not represented by counsel.
FAMILY MAINTENTANCE ENFORCEMENT PROGRAM
The Family Maintenance Enforcement Program (FMEP) assists individuals to collect maintenance payments if the individual who is supposed to pay fails to do so. To enroll in the FMEP, the recipient must complete a recipient enrolment package from the Ministry of Social Development and Poverty Reduction. The enrolment process takes four to six weeks.
Family Law—Chapter 4
4.24
FORM 44 – Order
NOTE: Even if the parties agree, when it involves children, the court may order something different if it is in the best interest of the children.
Family Law—Chapter 4
4.25
Settling the Dispute
The parties attempt to negotiate a settlement. The
parties can move to the settlement stage from any of
the other stages at any time. Parties can even settle
DURING a hearing if they wish.
In any type of litigation, settlement is often a superior result for both parties over going to trial.
Each party compromises to reach a resolution that they can “live with”. The fact that they had some input into the settlement also makes it more likely for a party to respect and follow through with their obligations under the settlement.
More than in any other area of litigation, family cases would benefit the most from reaching mutually agreeable settlements because many family matters do not end when a settlement is reached or a court decision is made. Maintenance payments can last for many years. If children are involved, the parties must continue to maintain a relationship in order to raise the children.
However, as previously discussed in Chapter 3, the parties involved in family cases are often experiencing feelings of loss, distress, betrayal, or anger which interfere with their ability to reach agreement on legal issues. At the time they would benefit most by settling, they are also most emotionally unable to discuss matters objectively without help.
At any time, if the parties settle after the proceeding has started, they may file an Application for Family Law Matter Consent Order reflecting their agreement. Filing a court order means the agreement is enforceable if one party fails to live up to their side of the agreement. Without an order, if one party reneges on their obligations, the other party would first have to go to court to obtain an order.
Family Law—Chapter 4
4.26
Use these questions to check your understanding of Chapter 4. The answers can be found in the Ch4ReviewKey.pdf Ask your instructor where to find this file.
1. Name the Provincial (Family) Court document(s) that:
a. is filed to commence an application in Family Court for child support in a Family Justice Registry.
b. must be served with Form 3 when child support is being claimed c. is a sworn statement that may be used as evidence in trial if permitted by the Provincial (Family) Court
d. acts as proof that Form 3 was personally served
e. must be filed and delivered by the party responding to the Form 3 in order to oppose a claim
f. requires a person to appear at a trial in Provincial (Family) Court to give evidence g. filed to commence an application to prevent a spouse from relocating 2. List three types of family law matters that may be dealt with in the Provincial (Family) Court.
3. List three types of family law matters that cannot be heard in Provincial (Family) Court.
4. What are three requirements for a person to be able to serve Form 3 Application about a family law matter on the other party?
5. Within how many days of receiving the Form 3 Application about a family law matter must a Form 6 Reply be filed?
6. Steven Jones was personally served a Form 3 Application about a family law matter for child support for his three children. He did not file a Reply within the required time. What are the consequences for Steven?
7. What is the purpose of a family management conference?
8. What is the purpose of a trial preparation conference?
9. What is a Priority Application? When might one be necessary?
10. What is the Family Maintenance Enforcement Program and how does an individual register in it?
11. When may an Ex Parte order be made?
12. How does a legal administrative assistant help a lawyer prepare for trial?
13. Who drafts the Order when:
a. the filing party is represented by a lawyer and succeeds with their application b. the filing party is unrepresented and succeeds with their application Family Law—Chapter 4
4.27
c. neither party is represented by a lawyer?
14. Why is it so important that parties to a family case reach a mutually agreeable settlement?
15. What are the different types of Provincial Court family registries and where are they located?
Chapter 4 Terminology
Use a legal dictionary to find the definitions of the following words. Add these definitions to the course glossary.
filing party
commissioner
ex parte
Priority matter
mediation
mediator
notary public
respondent
protection order
PE4.1 PRACTICE EXERCISE—WHICH COURT?
Place a checkmark in each cell that applies to the case described in the left column.
Check your work with the self-check file named PE4.1Key.
Family Law Act
Divorce Act
Provincial Court
Supreme Court
married spouse
child support
unmarried parent
parenting time
unmarried spouse
spousal support
married spouse
divorce
unmarried spouse
division of property
married spouse
division of debts
PE4.2 PRACTICE EXERCISE—SWEENEY APPLICATION ABOUT A FAMILY LAW
MATTER
Documents you need:
• Sweeney Client Information Sheet from page 3.29
• Completed PE 3.1–Sweeney Separation Agreement, dated June 5, 2022
• Form 3 downloaded from: https://www2.gov.bc.ca
• Answer Key in a file named PE4.2F3Key.pdf Ask your instructor where this file is.
Family Law—Chapter 4
4.28
In this assignment, you are working for Ms. Sweeney’s lawyer, JAKE SCHULTZ, a sole
practitioner. Today’s date is December 13, 2022.
Step 1—You prepare a Form 3 –Application About a Family Law Matter.
Save the completed Agreement as: PE4.2Form3YourLastName
Since their Separation Agreement was executed on June 5, 2022, Ms. Sweeney has become ill and can work only part time. She has no children.
She feels that she needs financial support. Her annual income has been reduced to $40,000. Mr.
Sweeney has not been provided any financial support since they separated.
She has already filed a Notice to Resolve a Family Law Matter and participated in a needs assessment and consensual dispute resolution. Unfortunately, the parties were unable to come to an agreement on their own. She now comes to Mr. Schultz to ask him to help her complete a Form 3 asking for spousal support.
Mr. Sweeney’s 2021 income tax return showed an income of $67,000 at the time the Separation Agreement was prepared. She believes that Mr. Sweeney’s income is now $69,000 because he receives an annual raise of 3%.
Complete the Form 3 as follows:
1. Registry Location will be Surrey
2. Court File Number – will be filled in by the court registry clerk.
3. Section 1: Complete using the Sweeney Information Sheet, include the lawyer’s name and address for the address for service
4. Section 2: check box
5. Section 3: Complete using the Sweeney Information Sheet (assume he is unrepresented) 6. Section 4: Check box, Complete using the Sweeney Information Sheet 7. Section 5: Surrey is an early resolution registry; Ms. Sweeney has already completed the needs assessment and consensual dispute resolution. She is exempt from the parenting education program requirement because they have no children.
8. Section 6: Ms. Sweeny is applying for an order regarding “spousal support – new” only 9. Section 7 & 8: There are no previous agreements/orders regarding these issues 10. Section 9, write: The parties are married to each other.
11. Section 10: click the box beside “yes” and fill in the applicable dates using the Client Information Sheet
12. Section 11: click on the first box (no orders re: children) Family Law—Chapter 4
4.29
13. Sections 12 & 13: leave blank
14. Complete Schedule 9 ONLY (do not fill in or print out the other schedules) a. Section 1: Ms. Sweeney has suffered from economic disadvantages AND needs help to become financially independent
b. Section 2: leave blank
c. Section 3: Fill in with: I am a Chartered Accountant, due to illness I am only able to work part time.
d. Sections 4 & 5: use information from Client Information Sheet e. Section 6: Ms. Sweeney is asking Mr. Sweeney to pay $400/month from July 1, 2022 – December 1, 2022
f. Sections 7 & 8: click first box for both sections and assume you have attached the necessary documents
GA4—NELSON APPLICATION FOR AN ORDER
Documents you need:
• Nelson Client Information Sheet, data files
• Form 3 downloaded from: https://www2.gov.bc.ca
In this assignment, you are working for Ms. Nelson’s lawyer, GAIL AMHERST. Today’s date
is January 7, 2024.
Ms. Nelson discovered shortly after she was separated from her husband that she would have another child, and Donald George Nelson was born on September 5, 2023 in North Vancouver.
Ms. Nelson decides to ask Ms. Amherst to help her make an application to Provincial (Family) Court for an Order for child support because Mr. Nelson is in a new relationship and communication between them has become difficult.
• All three children will be listed on the Application. She is requesting the amount as suggested in the Child Support Guidelines from now on. She does not want to ask for arrears. There are no special or extraordinary expenses for the any of the children.
Step 1—You complete Form 1—Application to Obtain an Order
Save the completed Form 1 as: GA4Form1YourLastName
1. Registry Location: Vancouver
2. Court File No. – will be completed by the court registry clerk 3. Section 1: Complete using the Nelson Information Sheet. Include the lawyer’s name c/o law firm name & the law firm address. Do not include an email address for Ms. Amherst.
Family Law—Chapter 4
4.30
5. Section 3: Complete using the Nelson Information Sheet (assume Mr. Nelson is unrepresented)
6. Section 4: complete necessary information and check box 7. Section 5: Vancouver is a family justice registry
8. Section 6: Ms. Nelson is applying for an order regarding parenting arrangements – new 9. Sections 7 & 8: there are no existing agreements/orders 10. Section 9: write: We are married to each other and are both parents of Tyler Gabriel Nelson, Alisha Gail Nelson and Donald George Nelson
11. Sections 10 & 11: complete using information from Client Information Sheet 12. Section 12: click on box
13. Section 13: leave blank
14. Complete Schedule 1 ONLY (do not fill in or print the other schedules)
a. Section 1: Ms. Nelson is a guardian
b. Section 2: select the box beside: “I am applying for an order for the parental responsibilities…” include the following proposal: Gabriella Elizabeth Nelson and Dennis George Nelson will share all of the parenting responsibilities under s. 41 of the Family Law Act pursuant to s. 40(2) of the Family Law Act, save and except in the event of a dispute between the parties related to the parenting issue, when Gabriella Elizabeth Nelson shall have the final decision-making authority pursuant to section 45(1) of the Family Law Act.
c. Section 3:
a) click on the appropriate boxes
b) Ms. Nelson is asking for the children to reside with her at all times and Mr. Nelson to have parenting time with the children for three hours every second Saturday (he picks them up at noon and returns them at the family home at 3pm).
c) there are no conditions
d. Section 4: leave blank
e. Section 5: Best interests of the child (follow formatting from precedent on page 4.12): the proposed order supports the child’s health and emotional well-being by maintaining the status quo; the older children have been consulted and agree with the proposed arrangements for parenting; Ms. Nelson has a strong and nurturing relationship with the children; the proposed order reflects the history of the children’s care; the proposed order meets the children’s need for stability; and the parties have a history of being able to cooperate on issues affecting the children.
Family Law—Chapter 4
4.31
Ask your instructor how to submit this assignment.
Family Law—Chapter 4
4.32
FILE NO. GBA-111-23
RE Separation
DATE October 7, 2023
CLIENT IDENTIFICATION
FULL NAME OF CLIENT GABRIELLA ELIZABETH NELSON (she/her/hers) TELEPHONE
(Home) 778-397-5678
(Cell) 604-202-7654
ADDRESS
2793 28th Avenue E
E-MAIL nelsonge@shaw.ca
Vancouver, BC V3R 4B2
At this residence since April 18, 2018
BIRTH DATE January 25, 1998 BIRTHPLACE Burnaby, BC BC RESIDENT SINCE January 25, 1998
SIN 890-774-9371
OCCUPATION
Counter Sales Agent
GUIDELINE INCOME $43,000
EMPLOYER
VIA Rail
TELEPHONE 1-800-456-7890
1150 Station Street
Vancouver, BC V7L 2L7
PARTICULARS OF MARRIAGE/RELATIONSHIP
DATE OF MARRIAGE
April 18, 2018
PLACE Vancouver, BC
DATE OF SEPARATION
February 16, 2023
PARTICULARS OF THE PAST
CLIENT
SPOUSE
STATUS BEFORE MARRAGE
SINGLE
SINGLE
NAME BEFORE MARRIAGE
GABRIELLA ELIZABETH
DENNIS GEORGE NELSON
GIOVANNI
SURNAME AT BIRTH
GIOVANNI
NELSON
SEPARATION AGREEMENT
None
CARE OF CHILDREN
Gabriella has a strong and nurturing relationship with the children. The children reside with Gabriella at all times. The father has parenting time with for three hours every second Saturday; he picks them up at noon and returns them back at the family home at 3 p.m. This arrangement is consistent with Dennis’ involvement in the children’s lives prior to the separation. Dennis typically defers parenting decisions to Gabriella.
Family Law—Chapter 4
4.33
NAME OF SPOUSE
DENNIS GEORGE NELSON
(he/him/his)
TELEPHONE
(Cell) 778-434-4044
ADDRESS
2513 Broadway Avenue
E-MAIL: nelsongeorged@telus.net
Vancouver, BC V3M 1Z6
At this residence since February 23, 2023
BIRTH DATE
September 10, 1993
BIRTHPLACE Vancouver, BC
BC RESIDENT SINCE
September 10, 1993
SIN
397-737-4554
OCCUPATION
Heavy Duty Mechanic
GUIDELINE INCOME $75,000
EMPLOYER:
VIA Rail
TELEPHONE 1-800-456-7891
1151 Station Street
Vancouver, BC V7L 2L8
CHILDREN
NAME
SEX
BIRTH DATE
PLACE OF BIRTH
Tyler Gabriel Nelson
Male
April 18, 2019
Vancouver, BC
Alisha Gail Nelson
Female
June 10, 2020
Vancouver, BC
Donald George Nelson
Male
September 5, 2023
Vancouver, BC
MATRIMONIAL PROPERTY
REAL PROPERTY: Townhouse at, 2793 28th Avenue E, Vancouver, B. C., owned as joint tenants by the husband and wife
PERSONAL PROPERTY: Already divided.
Family Law—Chapter 4
4.34
DIVORCE PROCEEDINGS – Divorce Act Requirements
INTRODUCTION
All divorce proceedings in this province are commenced in the Supreme Court of British Columbia.
This chapter introduces the requirements for a divorce.
DIVORCE ACT
The requirements for a divorce are set out in the federal Divorce Act in two sections. In order to obtain a divorce, all the rules and requirements under the Divorce Act must be met.
• Jurisdiction. When applying for divorce and corollary relief, the party or parties applying must prove that the court has jurisdiction to grant their divorce and corollary relief.
• Divorce. When people use the term “divorce” in everyday conversation, it refers to the whole process. The average person lumps the concepts of support, exercise of parenting time or decision-making responsibility, etc. into the term “divorce”. However, legally, the term specifically means the end of the marriage. Once a divorce is granted, the couple are no longer married and can remarry if they wish. It does not include any other remedies such as support or parenting arrangements. The granting of the divorce is the primary purpose of the Act.
The section on divorce defines the grounds for divorce, as well as the duties that the parties, the lawyers, and the court must meet before granting the divorce.
Once the requirements to grant a divorce have been met, the courts can then grant remedies for corollary relief. Understanding these sections of the Act will increase your understanding of the documents involved in divorce proceedings regardless of the province you work in. The Divorce
Act is a federal statute. However, the documents used in a divorce are created under provincial statute since each province has control over the procedures in the courts in their province.
Therefore, the documents used in divorce proceedings differ from province to province.
While the documents differ, they must all contain the information required by the Divorce Act.
Understanding the Divorce Act will help you to understand why certain information is required or certain terms are used in the documents.
• Corollary Relief. “Corollary” means “something that follows as a result”. Corollary relief refers to all the other remedies that follow from the granting of the divorce. It includes spousal and child support, exercise of parenting time or decision-making responsibility, etc., issues that must be dealt with at the end of a marriage. The remedies available under corollary relief were discussed in Chapter 3.
JURISDICTION
Jurisdiction is usually determined by residency. The idea behind a residency requirement is to prevent people from “jurisdiction shopping” if they believe courts in another province are more favorable to their position than the courts in their home province. It also deters people from moving Family Law–Chapter 5
5.1
to another province to inconvenience their spouse. A spouse who does not reside in the same province may not be able to afford to attend court to represent their side.
Jurisdictional requirement to obtain a divorce. The residency requirement to obtain a divorce under s. 3(1) of the Act is that “either spouse has been habitually resident in the province for at least one year immediately preceding the commencement of the proceeding.”
Jurisdictional requirement to obtain corollary relief. The residency requirement to obtain corollary relief is slightly (but significantly) different in that s. 4(1)(a) states that there is jurisdiction where “either former spouse has been habitually resident in the province at the commencement of the proceeding” plus s. 4(1)(b) adds on an alternative that the courts can have jurisdiction to deal with corollary relief if “both former spouses accept the jurisdiction of the court.”
Because corollary relief deals with important issues such as child support, exercise of parenting time or decision-making responsibility, the former spouses can agree that the court can hear a matter even if the ordinary residency rule does not apply.
DIVORCE
Historically, divorce was not socially accepted. Divorce as an option for married couples was reluctantly granted by parliament over time. However, the fear in enacting legislation to allow couples to apply for divorce was that it would be too easy to end a marriage. Some critics at the time the new laws were being debated argued that enacting divorce legislation would lead to the end of the traditional family. As a result of this fear, the Divorce Act was enacted with conditions meant to keep families intact. First, divorce would be granted only if certain grounds were met.
Second, provisions were included to encourage reconciliation. Finally, because there was a fear that people would lie about their entitlement to a divorce when they did not qualify, the parties involved needed to certify that they were truly entitled.
Grounds for Divorce
Under the Divorce Act, a divorce action may be commenced if there has been a breakdown of the marriage. Section 8(2) provides the grounds for divorce.
8(2)
Breakdown of a marriage is established only if
8(2)(a) the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding or
8(2)(b) the spouse against whom the divorce proceeding is brought has, since celebration of the marriage,
8(2)(b)(i) committed adultery, or
8(2)(b)(ii) treated the other spouse with physical or mental cruelty of such kind as to render intolerable the continued cohabitation of the spouses.
Separation 8(2)(a) – a marriage is considered broken down if the couple have been living
“separate and apart” for one year. The one year time limit was imposed because of the fear that Family Law–Chapter 5
5.2
getting divorce would be too easy. The one year provides a period of time where a couple may work things out. To encourage reconciliation during the one year, a couple may resume cohabitating for a period of up to 90 days without affecting the calculation of when they started living separate and apart. The 90 days cohabitation period gives incentive to couples to try working things out without the fear that they would have to restart calculating the one year period.
In recent times, it has been held by the courts that living “separate and apart” does not necessarily mean the couple must live in separate places. They could both remain in the matrimonial home.
This is because many people do not have the financial means to move out even though the marital relationship has ended. “Separate and apart” means the couple no longer are living a combined life traditionally associated with marriage. For example, although they may be living in the same place, they separate their bank accounts and begin splitting the expenses.
A couple may start a divorce proceeding at any time including the start of the one year period.
The final order will not be granted until the one year period has expired.
One benefit of the one year period is that it provides a “cooling down” period where the spouses can deal with the emotional issues involved before making legal or financial decisions.
For example, at the time of a marriage breakdown, a person in emotional distress may agree to give up more family assets just to have the matter dealt with. A one year period allows time for the person to gather themselves together in order to negotiate clearly.
Adultery 8(2)(b)(i) – “adultery” is defined as “voluntary sexual intercourse between a married person and another person who is not their married spouse.” The term carries with it a negative connotation that one spouse was cheating on another and that the spouse who committed adultery is a bad person. In reality though, a couple may have separated and already be living separate lives when a spouse engages in intercourse with a person outside of the marriage. They may have lived separate lives for years and may have found new partners. Under the legal definition, however, they would still be committing adultery.
Claiming adultery allows a spouse to ask for an immediate order for divorce without having to wait one year.
Physical or mental cruelty 8(2)(b)(ii) – physical cruelty is any form of physical abuse. Mental cruelty is harder to establish and often requires the evidence of a professional such as a psychiatrist.
Claiming physical or mental cruelty allows a spouse to ask for an immediate order for divorce without having to wait one year.
“No Fault” Aspect to Remedies Awarded
Canada is said to have a “no fault” divorce system. What this refers to is the idea that the grounds for divorce do not affect the amounts awarded for corollary relief. If a spouse commits adultery, that act may be the reason for the relationship breakdown. The innocent spouse may be able to say that the adulterous spouse was at fault for the marriage breakdown, but that idea of fault has no legal relevance/repercussions/remedy.
The courts need to establish that the grounds being relied on to claim for a divorce exist. That establishes that the couple is entitled to a divorce. The court then awards the corollary remedies without fault playing any further bearing on the court’s decision.
Family Law–Chapter 5
5.3
Sections 7.1 – 7.5 of the Divorce Act impose duties on the parties to do the following: a) Exercise all parenting time and decision-making responsibility that has been allocated to them in a manner that is consistent with the best interests of the child; b) protect any child of the marriage from conflict arising from the proceeding, to the best of their ability;
c) where appropriate, try to resolve the matters through a family dispute resolution process; d) provide complete, accurate and up-to-date information if required to do so; and e) comply with all Orders until they are no longer in effect.
Section 7.6 of the Divorce Act requires parties to include a statement certifying that they are aware of the above-noted duties with every document that commences a proceeding (usually, the Form 1 Notice of Joint Family Claim or the Form 3 Notice of Family Claim).
Lawyer’s Duty
Section 7.7 of the Divorce Act imposes a duty on legal advisers to advise their clients of alternatives to divorce proceeding including counseling, mediation, and family justice services.
These provisions were meant to ensure that couples did not divorce without being made aware that there are alternates they could try first to preserve the marriage. The provisions were also meant to make legal advisers encourage a negotiated or mediated option before litigation. As discussed in Chapter 4, negotiated settlements usually give better long term results and more mutually acceptable outcomes than litigated resolutions. The section states as follows: 7.7(1)
Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse’s behalf in a divorce proceeding
(a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and
(b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation.
7.7(2)
It is also the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Act
(a) to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so;
(b) to inform the person of the family justice services known to the legal adviser that might assist the person
Family Law–Chapter 5
5.4
(i) in resolving the matters that may be the subject of an order under this Act, and
(ii) in complying with any order or decision made under this Act; and (c) to inform the person of the parties’ duties under this Act.
Appropriateness of Reconciliation
Note that the legal adviser’s duty is only applicable in appropriate circumstances. For example, in cases where the grounds for divorce are physical or mental cruelty, it would obviously be inappropriate to encourage reconciliation.
Court’s Duties
The Divorce Act also imposes duties on the court. Some of these duties stem from the historical fear about allowing divorces and some stem from the need for the court to be made aware of all relevant information.
Because of the fear that the ease of obtaining a divorce would lead to an increase in the breakdown of families, section 10 of the Divorce Act imposes a duty on the court not to grant a divorce until it has been established that there is no possibility of reconciliation. This duty only applies when it is appropriate.
10(1) In a divorce proceeding, it is the duty of the court, before considering the evidence, to satisfy itself that there is no possibility of the reconciliation of the spouses, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so.
Section 11(1) imposes additional duties on the court prior to granting a divorce. The section states: 11(1) In a divorce proceeding, it is the duty of the court (a) to satisfy itself that there has been no collusion in relation to the application for a divorce and to dismiss the application if it finds that there was collusion in presenting it;
(b) to satisfy itself that reasonable arrangements have been made for the support of any children of the marriage, having regard to the applicable guidelines, and, if such arrangements have not been made, to stay the granting of the divorce until such arrangements are made; and
(c) where a divorce is sought in circumstances described in paragraph 8(2)(b), to satisfy itself that there has been no condonation or connivance on the part of the spouse bringing the proceeding, and to dismiss the application for a divorce if that spouse has condoned or connived at the act or conduct complained of unless, in the opinion of the court, the public interest would be better served by granting the divorce.
Collusion 11(1)(a) There was a fear that couples would try to circumvent the requirements of the Act (such as residency or the 8(2)(a) one year separation) by colluding or agreeing to make their Family Law–Chapter 5
5.5
situation or facts fit the Act requirements when they really did not. The court has to determine there is no collusion. Section 11(4) defines “collusion”.
11(4) In this section, “collusion” means an agreement or conspiracy to which an applicant for a divorce is either directly or indirectly a party for the purpose of subverting the administration of justice, and includes any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court, but does not include an agreement to the extent that it provides for separation between the parties, financial support, division of property or the exercise of parenting time or decision making responsibility.
Care of Children 11(1)(b) When a divorce involves children, the court has a duty to make sure that all the issues involving the children such as the exercise of parenting time or decision making responsibility and child support are dealt with before granting the divorce. This duty protects the best interests of the children. Part of ensuring the issues relating to children are dealt with is ensuring that they were dealt with properly. For example, the spouses may have come to an agreement on how much child support should be paid. However, if the court feels the amount is too low, they may disregard it and order an appropriate amount. Because the individuals involved are dealing with several emotional issues during this time, they may not always make the best decisions on their own.
Connivance and Condonation 11(1)(c) The one-year separation under section 8(2)(a) was the grounds intended for those divorcing because of a relationship breakdown. The grounds of adultery under 8(2)(b)(i), and physical or mental cruelty under 8(2)(b)(ii) allowed a spouse to ask for an immediate divorce because it was understandable that a person not be required to remain married for one year to obtain a divorce in circumstances of betrayal or abuse.
There was a concern that people would try to circumvent the one year rule by claiming adultery, physical cruelty, or mental cruelty when those grounds did not fairly apply. Section 11(1)(c) imposes a duty on the court to ensure there is no connivance or condonation when a claim for divorce relies on adultery, physical cruelty, or mental cruelty as the grounds for divorce.
What is meant by “when those grounds did not fairly apply”? The adultery or cruelty complained of and used as the grounds must have CAUSED the breakdown of the marriage. For example, if one spouse committed adultery and the other spouse found out but forgave the offending spouse, but three years later the relationship breaks down over who left the cap off the toothpaste, the adultery did not cause the breakdown of the marriage.
Connivance refers to any form of plotting or planning to create the grounds for divorce. For example, the parties could agree to pretend that adultery occurred even if it did not. (This would also be collusion.) Or, it could be one spouse purposely committing adultery in order to establish the grounds after the marital breakdown already occurred.
Condonation refers to any form of agreement or forgiveness of an offence. For example, if one spouse agrees ahead of time that the other spouse may engage in adulterous behavior, they cannot then use it as grounds for divorce.
Or if one spouse commits adultery but is forgiven after the fact, then the other spouse has condoned the adultery. The adulterous spouse would have to commit a new act of adultery before it could be used as grounds for divorce. (Not allowing offences that have been condoned to be used as grounds for divorce theoretically helps in the reconciliation of relationships. If a person commits adultery and is forgiven, they should be able to work towards reestablishing trust in the Family Law–Chapter 5
5.6
marriage without the fear that the other person can hold the adultery over their heads as grounds for divorce forever.)
Condonation is viewed differently in cases of physical and mental cruelty. Our understanding of battered spouses have grown since the Divorce Act was established, and “forgiveness” of abuse does not necessarily signify condonation. These situations are very sensitive and complicated and would probably require expert evidence to assist the court.
Information Regarding other Orders or Proceedings
In proceedings requiring corollary relief, the court has a duty to consider whether other relevant proceedings, orders or instruments exist. Section 7.8(2) of the Divorce Act sets out: 7.8(2) In a proceeding for corollary relief and in relation to any party to that proceeding, the court has a duty to consider if any of the following are pending or in effect, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so:
(a)
a civil protection order or a proceeding in relation to such an order; (b)
a child protection order, proceeding, agreement or measure; or (c)
an order, proceeding, undertaking or recognizance in relation to any matter of a criminal nature.
In order to carry out the duty, the court may make inquiries of the parties or review information that is readily available and that has been obtained through a search carried out in accordance with provincial law, including the rules made under subsection 25(2).
Civil Protection 7.8(2)(a) Civil protection orders are civil orders made to protect a person’s safety, such as an order limiting contact or communication between the parties or their family members. These orders can be relevant when the court is determining issues in relation to a family law matter such as delivery of documents or parenting orders.
Child Protection 7.8(2)(b) Proceedings, measures taken, or orders made in relation to child protection can be relevant when the court is determining parenting matters.
Criminal 7.8(2)(c) Current or existing criminal proceedings can be relevant when the court is determining issues in relation to a family law matter such as parenting orders.
FAMILY APPLICATIONS IN BRITISH COLUMBIA
Parties can choose to make applications for support under the Family Law Act through the Supreme Court of British Columbia instead of the provincial court. All proceedings through the Supreme Court are governed by the Supreme Court Family Rules (“Family Rules”). In British Columbia, applications for divorce must go through the Supreme Court of British Columbia.
Married spouses must ask for a divorce under the Divorce Act. They can ask for corollary remedies, such as parenting arrangements, child support or maintenance, or spousal support or maintenance, under either or both the federal Divorce Act or the provincial Family Law Act.
Family Law–Chapter 5
5.7
They must ask for division of property under the Family Law Act and/or Family Homes on
Reserves and Matrimonial Interests or Rights Act.
While this may seem confusing, the forms used under the Family Rules are designed to clearly and simply advance all necessary claims being made under either of the two Acts.
Court Documents – Three Formats
Court documents may be created in three formats. All the forms can be created using conventional word processing programs such as Microsoft Word. Some of the more commonly used forms will be available in a pdf format where the required information can be filled directly onto the form.
The pdf forms can be e-filed.
Finally, a few of the most commonly used forms will be available in XML format, also called
“Smart Forms” . When e-filed, information from Smart Forms can be extracted from the forms directly into the registry case management system. In the long term, this will make the filing of documents more efficient for the court registry.
This textbook will introduce all three formats. The next chapter will use the traditional word processing document format. Future chapters will introduce the e-file formats.
EFFECTIVE DATE FOR DIVORCE
The court can give an order for divorce and corollary relief once the grounds for divorce have been proven. Where the grounds for divorce are adultery or cruelty, the court can give an immediate order. Where the grounds for divorce are living separate and apart, the court can give an order once one year of separation has passed.
However, the spouses should not consider themselves divorced yet. The Divorce Act provides an appeal period after the order has been given. Either spouse has 30 days to appeal the order.
If the order is appealed, the order for divorce may be overturned. Therefore, the effective date for divorce is 31 days after the divorce order has been given.
It is extremely important for a lawyer to advise clients that they should not consider themselves divorced until after the effective date. If a client believes he is divorced and remarries during the 30 day period, he could end up being married to two people at the same time if the divorce Order is appealed.
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5.8
Use these questions to check your understanding of Chapter 5. The answers can be found in Ch5ReviewKey.pdf Ask your instructor where to find this file.
1. List three grounds for divorce due to marriage breakdown and give the Divorce Act
section number for each.
2. How long must a person reside in British Columbia before they can commence a divorce action?
3. How is the residency requirement for obtaining corollary relief different from the residency requirement for obtaining a divorce?
4. If separation is the grounds for divorce, can a spouse start divorce proceedings before one year of separation has occurred?
5. What is “no fault” divorce?
6. In what circumstances would it not be appropriate for a lawyer to advise counseling facilities to assist the couple to achieve a reconciliation?
7. The court must ensure that there is no possibility of reconciliation and consider whether other relevant proceedings, orders or instruments exist. What are three other duties of the court before granting a divorce, as set out by the Divorce Act.
8. On July 1, 2015, John and Mary closed their joint bank accounts. John moved into the spare bedroom, and they both began to live separate lives. On July 31, 2015 John moved into his own apartment. What should be the date of separation listed on their Separation Agreement?
9. What is the maximum length of time separated parties may resume cohabitation for the purposes of reconciliation without it affecting their one-year separation ground for divorce?
10. When does a divorce become final?
Chapter 5 Terminology
Use a legal dictionary, your text, or the Divorce Act to find the definitions of the following words.
adultery
collusion
condonation
connivance
corollary relief
divorce
lawyer’s duty ( Divorce Act) jurisdiction
marriage breakdown ( Divorce Act)
Family Law–Chapter 5
5.9
CHAPTER 6
DIVORCE PROCEEDINGS — Joint Divorce
INTRODUCTION
There are three types of divorces: joint divorces, undefended divorces, and defended divorces.
This chapter will examine joint divorces. Undefended divorces and defended divorces will be covered in later chapters.
The simulation for joint divorce in this chapter will include a claim for child support, but no claims for spousal support or division of family assets. Those claims will be covered in a later chapter.
JOINT DIVORCES
Divorces are court proceedings and like most court proceedings, they fit into the Litigation Model.
However, joint divorces are unusual because settlement occurs before court proceedings are commenced.
Under the Litigation Model, settlement can occur at any time. However, for most litigation, if the parties reach a settlement before court proceedings have started, there is no need to go through court.
While the parties can agree that they want a divorce, they cannot grant that status to themselves.
The court must actually grant a divorce. As seen in Chapter 5, before the court can grant a divorce, it has duties to fulfill. The court must verify the grounds for divorce, as well as fulfill its duty to ensure there is no possibility for reconciliation. The court must ensure the parties did not collude or connive to establish the grounds for divorce, nor did either party condone any actions of the other which cause the grounds for divorce.
The court must also consider whether other relevant proceedings, orders or instruments exist to ensure the court has all relevant information before making a determination.
Finally, if there are children involved, the court has a duty to ensure that all the issues involving children such as support, parenting time and decision-making responsibility have been dealt with in a proper manner and in the best interests of the children.
Removal of Stigma
One of the stigmas society has about divorce is that the person against whom a divorce action is filed is an unworthy marriage partner. For example, when a married couple divorces, a common question people ask is, “Who left who?”. The stigma of being left is so strong in our society that before joint divorces were available there were cases where each spouse of a marriage filed separate divorce applications to be able to claim that they were divorcing the other less worthy person.
Joint divorces remove that stigma by allowing spouses to file for divorce together. However, in order to make a joint application for divorce, the couple must have settled every issue, either through an agreement or through a court order. Sometimes, the spouses will have already have applied for Orders in Provincial (Family) Court prior to filing for joint divorce in Supreme Court.
Family Law—Chapter 6
6.1
Either spouse may withdraw from a joint divorce before the final order is made. A spouse may have second thoughts because the joint divorce application may have been made while they were still too emotional, or because additional financial information has been disclosed, etc.
Joint Divorce Applications
Starting a joint divorce proceeding in the Supreme Court of British Columbia is governed by Rule 2-2 of the Family Rules. Rule 2-2(1) states:
Joint family law case
(1) A family law case may be started jointly by the persons involved if all relief, except any claim for divorce, is by consent.
This is the rule that requires all corollary relief to be settled between the spouses in order to file for a joint divorce.
As well, the grounds for divorce in a Joint Application must be living separate and apart; in some registries joint applications cannot be made if the grounds are adultery or abuse.
STAGE ONE – Commencement and Notification
STAGE TWO – Definition
Commencement and notification are governed by Rule 2-2(2) of the Supreme Court Family
Rules which states:
(2) In a joint family law case, the notice of family claim (a) must be in Form F1, and
(b) need not be served.
Form F1 is the Notice of Joint Family Claim. The proceeding must be started by filing the Notice of Joint Family Claim in the court registry. However, there is no need for notification because both spouses are jointly claiming for a divorce and they are each already aware that the proceeding is filed. Both spouses, or their lawyers, must sign the Notice of Joint Family Claim to indicate they are aware of the proceeding.
Form F1 can be used for any joint family claim in the Supreme Court of British Columbia, not just a claim for divorce. Claims under the Family Law Act can also made using the Notice of Joint Family Claim.
Most commencing documents in court serve two purposes. The first is to notify the court about the proceedings. The second is to notify other parties whose rights may be affected by the proceedings. Because this is a joint divorce claim, the Notice of Joint Family Claim is required only to provide the court with all the information it needs to grant the applied for relief.
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6.2
There are 8 parts to the Notice of Joint Family Claim.
Part 1: Relationship history – this information defines the current relationship between the people involved. The information helps the court to determine which Acts apply to the situation.
The Divorce Act can only apply to individuals who are currently married or had been married while the Family Law Act applies to any family situation. The information is also relevant to calculating claims for spousal support.
Part 2: Divorce – this part provides information necessary for a divorce. The claimants must provide the following:
A. Personal information – background information about Claimant 1 and Claimant 2.
B. Grounds for divorce – Claimant 1 and Claimant 2 can apply for a joint divorce only if the grounds for divorce are living separate and apart.
C. Court’s duty – the claimants must state there is no chance for reconciliation and that no collusion has occurred collusion because the court has a duty to ensure neither exist before granting the divorce.
D. Proof of Marriage – since only married individuals can be divorced, the claimants must provide proof of marriage. Either they must file a marriage certificate with the Form 1 or later, or, provide reasons why they cannot obtain a marriage certificate.
Part 3: Children – this part must be filled out so that the court knows if there are children. The court has to fulfill its duty to ensure any children are properly provided for.
Part 4: Orders for Children – details of the orders the claimants have agreed to and are requesting regarding children should be given here. These include parenting time, decision-making responsibility, support, etc. Even if the details have already been incorporated into a separation agreement or another court order, they may be repeated.
Part 5: Orders for Spousal Support – details of the orders the claimants have agreed to and are requesting regarding spousal support should be given here. Even if the details have already been incorporated into a separation agreement or another court order, they may be repeated.
Part 6: Property and Debt – if the claimants were married, they may ask for orders dealing with the division of property and/or debt. Even if the details have already been incorporated into a separation agreement or another court order, they may be repeated.
Part 7: Other – any other related orders may be requested. For example, a spouse may request a name change back to a previously used last name.
Part 8: Addresses for Service – either the claimant’s address or, if they have one, their lawyer’s address is given. (Always give the lawyer’s address if the claimant has a lawyer unless instructed otherwise.)
Note: In a joint application for divorce, both parties (or their lawyers) must sign the
Notice of Joint Family Claim.
Family Law—Chapter 6
6.3
Incorporating Separation Agreements and Other Orders
In Parts 4 to 6, when the claimants are asking for orders, they often ask for orders that have already been incorporated into a separation agreement or other court order. Agreements (if filed in the court registry), and other court orders are already enforceable. However, some parties like having an enforceable Supreme Court order. One benefit is it provides a single document that contains all the agreed upon details. Often, especially when the grounds for divorce are 8(2)(a), living separate and apart, there may be several agreements or court orders over the course of the separation period settling the matters. It’s easier to combine them into one final document.
However, incorporating settled matters into a divorce order makes it more complex and difficult to change things later. If the parties have a good relationship they may not wish to incorporate their settlements into a divorce order because it makes future changes more difficult. Once there has been a court order, if the parties want anything changed, they would have to apply to vary the order.
Your lawyer will determine when claims need to be included in the Notice of Joint Family Claim given the needs and situation of the clients.
Lawyer’s Certificate
If any of the claimants are represented by a lawyer, that lawyer must fill out the Lawyer’s Certificate at the end. By signing this certificate, the lawyer is stating that they have fulfilled their duties under s. 7.7(3) of the Divorce Act and/or s. 8(2) of the Family Law Act to advise their client about possible reconciliation and alternate means to settling their family law claims. Certifying is the equivalent of an undertaking. Section 7.7(3) of the Divorce Act also requires the lawyer to: 1. encourage their client to use alternate means to settle their family law claims (unless inappropriate to do so),
2. inform their client of the family justice services known to them that would assist in resolving the maters and in complying with any orders made, and 3. inform the client of their duties under the Act.
A lawyer may be disciplined if they certify having done something when they have not.
Party’s Certificate
In addition to the Lawyer’s certificate, whether the claimants are represented by a legal adviser or not, each claimant must fill out the Party’s Certificate at the end. By including this certificate, the party is stating that they are aware of their duties under sections 7.1 to 7.5 of the Divorce Act.
Notwithstanding that the certificate is written in the first person for the claimant, the claimant will only sign the Notice of Joint Family Claim or the Notice of Claim if they are unrepresented. If the claimant is represented by counsel the Party’s Certificate will be included but the document will only be signed by their lawyer.
The person preparing the Notice of Joint Family Claim or the Notice of Family Claim must add the required certificates to the end of the pleadings.
Family Law—Chapter 6
6.4
Document Formatting
All forms under the Family Rules are found in Appendix A of the Family Rules. The rules for formatting the forms are found under Rule 21-1. The official formatting rules are actually much less complicated than most people realize. Rules 21-1(1) and (4) state: Forms
(1) The forms in Appendix A must be used if applicable, with variations as the circumstances of the family law case require, and each of those forms must be completed by including the information required by that form in accordance with any instructions included on the form.
Space for stamp
(4) The first page of each document prepared for use in a family law case must contain a blank area extending at least 5 centimeters from the top of the page and at least 5 centimeters from the left edge of the page.
While the wording of the forms in Appendix A of the Family Rules should usually be followed, the Family Rules do allow for variations in the forms to match the particular situation of the parties.
However, the expectation is that they will be completed according to the instructions on the forms.
You must be familiar with all the instructions on the forms you are using in order to complete the forms correctly.
Other than the space for the stamp, the Family Rules do not dictate any particular formatting which means there will be variation from law firm to law firm. However, while the formatting may vary, the professionalism of the formatting is very important to the firms. Your documents must match the formatting used by your law firm. Above all, your documents are expected to be professional in appearance.
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6.5
Both spouses are claimants so
COURT FILE NO.
neither suffers the horrible fate
COURT REGISTRY: VANCOUVER
of being the one being left.
IN THE SUPREME COURT OF BRITISH COLUMBIA
Court file number is left blank. The
Claimant 1:
SAMANTHA CALLUM HANNA
registry will provide the number
when the Notice is filed. From then
on, all court documents must have
Claimant 2:
GUY RODERICK CALLEN
the file number keyed in.
NOTICE OF JOINT FAMILY CLAIM
1 Relationship history
Claimant 1 and Claimant 2:
Select all
relevant boxes.
☐ began to live together in a marriage-like relationship on More than one
box may be
☒ were married on 16/Mar/2022
appropriate.
☒ separated on 01/Jul/2025
[ dd/mmm/yyyy] = 16/Mar/2022
☐ divorced from each other by order made on
The first three letters of the
month is used where it says
☐
“mmm”
were never married
2 Divorce
☒ Claimant 1 and Claimant 2 are asking for a divorce order.
Family Law—Chapter 6
6.6
– 2 –
Provide all claimants’ information
ONLY if they are asking for a
A
Personal information:
divorce order.
Claimant 1
Claimant 2
Birthdate:
28/Jan/1992
02/May/1993
Habitually resident in British Columbia since: 28/Jan/1992
30/Oct/2002
Surname at birth:
HANNA
CALLEN
Surname immediately before marriage:
HANNA
CALLEN
Marital status immediately before marriage:
Never Married
Never Married
Place of marriage:
New Westminster, British Columbia,
Canada
B Grounds for our claim for divorce:
(i) ☒ Claimant 1 and Claimant 2 have lived separate and apart since 01/Jul/2025
If the grounds are living separate and apart, give the date they separated.
Also indicate EITHER the fact they have not lived
AND
together since separating OR give the periods of
time they tried to reconcile. They can only
attempt to reconcile for a total of 90 days.
☐ Claimant 1 and Claimant 2 have not lived together since then.
☒ Claimant 1 and Claimant 2 have lived together again during the following period(s), in an unsuccessful attempt to reconcile:
05/May/2025 to 11/Jun/2025
Fill out ALL the parts at (i) ONLY if the
grounds for divorce is living separate and
apart for one year.
Family Law—Chapter 6
6.7
Fill out ALL the parts at (ii) ONLY if the
grounds for divorce is either adultery or
– 3 –
cru
elty.
(ii) ☐ Other grounds, under section 8(2)(b) of the Divorce Act (Canada): Check box and state grounds when the grounds are
– 3 –
adultery OR physical or mental cruelty
AND
☐ There has been no condonation of any act relied on under section 8 (2) (b) of the Divorce Act (Canada) as a ground for divorce.
Check box ONLY if adultery
or cruelty claimed.
C Claimant 1 and Claimant 2 confirm that: [ Check both of the following boxes. ]
☒ There is no possibility of reconciliation.
Both boxes
☒ There has been no collusion, as defined in section 11 (4) of the Divorce Act must be checked.
(Canada), in relation to this claim for divorce.
D Proof of marriage:
One box must be checked. Reasons must be given if certificate not filed.
☒ A certificate of marriage or registration of marriage has been filed.
☐ A certificate of marriage or registration of marriage is not being filed with this notice of joint family claim because and the certificate will be filed before this claim is set down for trial or an application is made for an order of divorce.
☐ It is impossible to obtain a certificate of marriage or registration of marriage because:
3 Information concerning children
A Children:
☐ There are no children of the marriage, as defined by the Divorce Act (Canada), or children of whom Claimant 1 and Claimant 2 are parents within the meaning of the Family Law Act.
Indicate whether there are childre
n.
Provide details if there are.
☒ There are children of the marriage, as defined by the Divorce Act (Canada), or children of whom Claimant 1 and Claimant 2 are parents within the meaning of the Family Law Act, and those children are:
Family Law—Chapter 6
6.8
– 4 –
Full name:
Birth date:
Resides with:
Hanna, Alyson Hannigan
03/Jul/2021
Claimant 1, Samantha
Callum Hanna
4 Orders asked for in relation to children
Insert all the orders requested regarding
children in this section, if any.
A ☒ We are asking for the following order respecting arrangements for parenting or contact:
Claimant 1 will exercise all of the s. 41 parental responsibilities pursuant to s.40(2) of the Family Law Act and will have final decision-making authority pursuant to s.16.3 of the Divorce Act and s. 45(1) of the Family Law Act. Claimant 2 will have parenting time with the child every second weekend beginning at 10 a.m. Saturday morning and ending 6 p.m. Sunday evening and the first two weeks each July and August, and alternating Christmas Eves and Christmas Days. Claimant 2 shall have parenting time the first Christmas Day beginning in the year 2026.
B ☒ We are asking for an order for child support as follows: Claimant 2 will pay monthly child support in the amount of $465.00 to Claimant 1 on the 15th day of each month.
C ☒ We are asking for the orders under paragraphs A and B of this section under the following statute(s):
☒ the Divorce Act (Canada) ☒ the Family Law Act Select Acts being
relied on.
Insert all the orders requested regarding
5 Spousal support
spousal support in this section, if any.
☐ Claimant 1 and Claimant 2 are asking for an order for spousal support as follows:
☐ Claimant 1 and Claimant 2 are asking for an order for spousal support under
☐ the Divorce Act (Canada) ☐ the Family Law Act Select Acts being
relied on.
Family Law—Chapter 6
6.9
– 5 –
6 Property and debt
If there is a division of property order
requested, this box must be selected.
A Property claims under the Family Law Act
☐ Claimant 1 and Claimant 2 are asking for an order for:
☐ an equal division of family property and family debt
☐ an unequal division of family property and family debt
Provide the details of the requested
unequal division.
B Other property claims
☐ Claimant 1 and Claimant 2 ask for an order respecting an interest in property or for compensation instead of an interest in that property, as follows:
The lawyer will provide details of any other proposed orders.
7 Other
☐ Claimant 1 and Claimant 2 are asking for an order in the following terms: The lawyer will provide details of any other claims.
8 Claimants’ addresses for service
Claimant 1:
Claimant 2
A represented
claimant would
Samantha Callum Hanna
Rosenberg & Company usually use their
333 Beech Street
Barrister and Solicitor
lawyer’s address.
Vancouver, BC V9T 5H9
999 6th Street
New Westminster, BC V3L 6H4
An unrepresented claimant
would use own address.
Fax 604.555.1234
Date: _________________________
Signature of [X] claimant 1 [ ] lawyer for claimant 1
SAMANTHA CALLUM HANNA
Dated: 12/Oct/2026
Signature of [ ] claimant 2 [X] lawyer for claimant 2
WILLOW ROSENBERG
Family Law—Chapter 6
6.10
This certificate is
included because
Guy is represented
by a lawyer AND
If in this family law case a claim is made under the Family Law Act and one or both of the parties is represented by a lawyer, each of the lawyers must complete a certificate in the followin re g form.
lying on the FLA.
There is not one
LAWYER’S CERTIFICATE ( FAMILY LAW ACT, s. 8 (2)) for Samantha because she is
I, Willow Rosenberg, lawyer for Guy Roderick Callen, certify that, in accordance with unrepresented.
section 8 (2) of the Family Law Act, I have
1. discussed with the party the advisability of using various types of family dispute resolution to resolve the matter, and
2. informed the party of the facilities and other resources, known to me, that may be available to assist in resolving the dispute.
Dated: 12/Oct/2026
Signature of lawyer
Willow Rosenberg
This certificate is
included because
The following certificate must be completed for each party to a divorce claim Guy is represented who is represented by a legal adviser.
by a lawyer AND
relying on the DA.
LEGAL ADVISER’S CERTIFICATE ( DIVORCE ACT (Canada), s. 7.7(3)) There is not one
☒
for Samantha
By checking this box I, Willow Rosenberg, legal adviser for Guy Roderick Callen, because she is
certify that I have complied with section 7.7 of the Divorce Act (Canada), which says: unrepresented.
7.7 (1) Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse’s behalf in a divorce proceeding
1. to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and
2. to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation.
(2) It is also the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Act
1. to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so;
2. to inform the person of the family justice services known to the legal adviser that might assist the person
Family Law—Chapter 6
6.11
i.
in resolving the matters that may be the subject of an order under this Act, and
ii.
in complying with any order or decision made under this Act; and 3.
to inform the person of the parties’ duties under this Act.
This certificate is
always added
The following certificate must be completed by each party to a divorce claim. when the claimant
PARTY’S CERTIFICATE ( DIVORCE ACT (Canada), s. 7.6) is relying on the
DA.
☒ By checking this box I, Guy Roderick Callen, certify that I am aware of my duties under sections 7.1 to 7.5 of the Divorce Act (Canada), which say: 7.1 A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child.
7.2
A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding.
7.3
To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process.
7.4
A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act.
7.5
For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect.
This certificate is
always added
The following certificate must be completed by each party to a divorce claim. when the claimant
is relying on the
PARTY’S CERTIFICATE ( DIVORCE ACT (Canada), s. 7.6) DA.
☒ By checking this box I, Samantha Callum Hanna, certify that I am aware of my duties under sections 7.1 to 7.5 of the Divorce Act (Canada), which say: 7.1 A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child.
7.2
A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding.
Family Law—Chapter 6
6.12
7.3
To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process.
7.4
A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act.
7.5
For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect.
Family Law—Chapter 6
6.13
STAGE THREE – Disclosure
In most litigation, this is the stage where the parties disclose to each other the evidence they have. Often the disclosure of evidence leads the parties to settlement. In joint divorces, because the parties have already reached a settlement, most likely they are already aware of the available evidence and facts.
Because a lot of the corollary relief relates to financial issues, the relevant evidence is disclosed in financial documents. This chapter will focus only on financial disclosure for child support in a case where the parties have reached agreement on child support.
Normally, where child support is claimed, the Child Support Guidelines require extensive financial disclosure. If a person must pay child support or if their income is required to calculate a child support amount, the person must provide proof of income to the other parent. Under section 21 of the Child Support Guidelines, that must include copies of the following documents:
• Income Tax Returns for each of the past three years;
• Notices of Assessment and Reassessment for each of those years;
• the most recent statement of earnings or confirmation of income from their employer if they are an employee;
• if they are self-employed or control a corporation, the businesses’ financial statement and a statement showing all wages and other similar payments;
• if they receive employment insurance, social assistance, a pension, worker’s compensation or disability payment, documentation of that income; and
• any information relating to the income of a trust where they are a beneficiary under a trust.
Where child support is agreed to by the parties, such extensive disclosure is not required. To avoid having to provide extensive disclosure, s. 15 (2) of the Child Support Guidelines allows parties to prove that they have reached an agreement as to the payor parent’s annual income. S.
15(2) of the Child Support Guidelines states: 15(2)
Where both spouses agree in writing on the annual income of a spouse, the court may consider that amount to be the spouse’s income for the purposes of these Guidelines if the court thinks that the amount is reasonable having regard to the income information provided under section 21.
To comply with s. 15(2) of the Child Support Guidelines, the parties may file a Form F9 –
Agreement as to Annual Income stating the annual income of the spouse who is paying child support. The income of the recipient spouse is irrelevant. (The recipient spouse’s income is only relevant when determining spousal support or in certain specific circumstances in child support.) Along with the Agreement as to Annual Income, the payor must also file a copy of their most recent tax return and Notice of Assessment. Requiring proof of the payor’s income ensures the correct income is being used in the calculation. (It also acts as disclosure to the recipient to ensure the recipient was not misinformed when coming to an agreement with the payor.) An example of a Form F9 Agreement as to Annual Income can be found on the following page: Family Law—Chapter 6
6.14
COURT FILE NO. E123456
COURT REGISTRY: VANCOUVER
IN THE SUPREME COURT OF BRITISH COLUMBIA
The Style of Proceeding
Claimant 1:
SAMANTHA CALLUM HANNA
matches the type of
proceeding. In this case, it
matches the joint divorce
Claimant 2:
GUY RODERICK CALLEN
Style of Proceeding.
AGREEMENT AS TO ANNUAL INCOME
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
The parties agree that the income of the payor, GUY RODERICK CALLEN, for the purposes of the child support guidelines is $50,000.00 per year.
Name of payor and their
annual income. The income
should match the amount used
Date: ________________________
Date: ___________________
to calcula ___
te
___
child support
under the Guidelines.
Signature of Payor
Signature of Recipient
If the dates the parties sign are unknown, leave blank.
Note:
There must be filed in the registry, with this Form F9, a copy of the most recent personal income tax return filed by the payor and a copy of the most recent income tax assessment he or she received, but if one or both of those documents is unavailable, there must be filed with this Form F9 whichever of those documents is available, if any, along with an affidavit
(a) explaining why the unfiled documents are not available, and (b) providing evidence to satisfy the court that the amount of income and child support agreed to by the parties is reasonable.
Family Law—Chapter 6
6.15
STAGE FOUR – Hearing
Because a joint divorce is non-contentious, it can be decided by desk order. A desk order means that no personal appearance is required at court. Once all the necessary documents have been filed at court, a judge can make a decision about the final Order at their desk.
Rule 10-10(2) of the Family Rules lists the documents that must be filed in order to obtain a final order in an undefended divorce. Only some of the documents under that rule are required for a joint divorce.
Documents Required for Joint Divorce
(a) Form F35 Requisition;
(b) Form F52 Draft of Final Order;
(c) Form F36 Certificate of the Registrar;
(d) if there is a child of the marriage and/or child support is involved, Form F37
Child Support Affidavit with Form F9 Agreement as to Annual Income paper clipped to it;
(e) Form F38 Affidavit – Desk Order Divorce;
Form F35 Requisition
Requisitions are used to inform the registry staff in writing what a party wants or would like done for a particular proceeding. Each registry handles hundreds of requests for thousands of proceedings at any given time. With so many requests, the registry staff relies on properly drafted Requisitions to organize what needs to be done.
Each Requisition has a “Required” section where the party states what they would like the registry to do. This is followed by a list of any documents required to support the request. The list lets the registry check to make sure that all the documents the party has sent with the Requisition have been received.
When sending a Requisition with a package of documents to the registry, the Requisition should be the top document in the package. The rest of the completed documents included in the package must be in the order they are listed on the Requisition. The registry staff is too busy to deal with improperly organized packages of documents.
Some Requisitions are so commonly required that specialized versions have been created.
Form F35 is one of these specialized Requisitions used for obtaining a final order in undefended family cases. In a joint application for divorce, the Requisition must be signed by both parties.
An example of the Form F35 Requisition is on the following page: Family Law—Chapter 6
6.16
COURT FILE NO. E123456
COURT REGISTRY: VANCOUVER
IN THE SUPREME COURT OF BRITISH COLUMBIA
The Style of Proceeding
Claimant 1:
SAMANTHA CALLUM HANNA
matches the type of
proceeding. In this case, it
matches the joint divorce
Claimant 2:
GUY RODERICK CALLEN
Style of Proceeding.
REQUISITION
Filed by:
Samantha Callum Hanna, Claimant 1
Guy Roderick Callen, Claimant 2
Required: final order, without a hearing, in the form attached FILED WITH THIS REQUISITION ARE:
☒ draft of the order sought;
☒ proof that the case is an undefended family law case;
Not required. Joint divorces must be
☒ certificate of the registrar in Form F36;
undefended. Since both parties are
claimants, no proof of service is
☒ filing fee;
required either.
☐ proof of service of the notice of family claim or counterclaim, as the case may be; Family Law—Chapter 6
6.17
Required if the F1 identifies a
– 2 –
“child of the marriage”
pursuant to the Divorce Act or a
☒ Child Support Affidavit in Form F37;
claim for child support
☒ affidavit in Form F38.
THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND
CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS
BEING BY CONSENT
Date
Signature of ☒ claimant 1 ☐ lawyer for claimant 1
If
the date the document is to be
SAMANTHA CALLUM HANNA
signed is unknown, leave it blank.
Date
Signature of ☐ claimant 2 ☒ lawyer for claimant 2
WILLOW ROSENBERG
Family Law—Chapter 6
6.18
Draft of Form F52 Final Order
In the Supreme Court of British Columbia the parties to the litigation proceeding are responsible for drafting the orders documenting the decisions of the court. If a proceeding goes to an actual hearing, the orders are drafted after the hearing. However, when a matter has been settled by consent and the order is obtained as a desk order, a draft of the order is sent in with the Requisition and supporting documents.
The judge making the decision can complete the Order immediately after reviewing all the supporting documents and finding everything to be proper. Read the Masters’ Jurisdiction Practice Direction in the Assignments directory.
Some orders are so commonly required that specialized versions have been created. Form F52
Final Order is one of these specialized orders used for all family cases.
Form F36 Certificate of the Registrar (referred to as the “Certificate”) The Final Order is made by a judge after reviewing all the required documents. A judge’s time is valuable, so the staff at the registry must review all the documents before forwarding them to the judge. The staff signs the Certificate indicating that the pleadings are intact, or are missing certain information. This helps the judge to know if they can make an order without having to check through all the documents.
To save time for the registry, the party submitting the package of documents prepares the Certificate.
Examples of the Form F52 Final Order and Form 36 Certificate are on the following pages: Family Law—Chapter 6
6.19
This template is used to prepare a Final Order. Insert the style of
proceeding, and remove all bracketed and/or italicized instructions.
Remove any choice
s that are not included in the Final Order.
FINAL ORDER
BEFORE A MASTER OF THE COURT
[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]
[Select whichever one of the 4 following provisions is correct, provide any required information and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]
This family law case coming on for trial at [ place], on [ dd/mmm/yyyy], and on hearing [ add the following if applicable: the lawyer for] the claimant and, [ add the following if applicable: the lawyer for] the respondent, and on considering the evidence put forward [ add the following if applicable: AND JUDGMENT being reserved to this date]; Select ONE correct
This family law case coming on for hearing at [ place] on [ dd/mmm/yyyy] and on hearing [ nam para e
graph and
of party/lawyer] and [ name of party/lawyer], and on considering the evidence put forward; delete the others.
This family law case coming on for summary trial under Rule 11-3 of the Supreme Court Family Rules, and on considering the evidence put forward;
In desk order
This family law case coming on as an undefended family law case without an oral hearing und divo
e
rce r
s, choose
Rule 10-10 of the Supreme Court Family Rules, and on considering the evidence put forward; this paragraph and
delete the others.
THIS COURT ORDERS that
[If a divorce is granted, select whichever one of the 2 following provisions is correct, complete the selected provision and remove the provision that has not been selected so that it does not appear in the form when the form is filed. If a divorce is not granted, remove both of the In this case,
following provisions so that they do not appear in the form when the form is filed.]
choose this
Subject to section 12 of the Divorce Act (Canada), the claimant 1, [ name], and the claimant para 2,
graph and
[ name], who were married at [ place] on [ dd/mmm/yyyy], are divorced from each other, the delete the other.
divorce to take effect on the 31st day after the date of this order.
Subject to section 12 of the Divorce Act (Canada), the claimant 1,[ name], and the claimant 2,
[ name], who were married at [ place] on [ dd/mmm/yyyy], are divorced from each other, the divorce to take effect on [ dd/mmm/yyyy]
Family Law—Chapter 6
6.20
THIS COURT ORDERS that
[If orders other than or in addition to divorce orders are made, set out, in numbered paragraphs, the terms of all orders other than divorce orders.] [If any of the following orders are by consent, indicate that fact by adding the words “By consent,” to the beginning of the de There will b scription of the
e two paragraphs in
order.] [If no orders other than divorce orders are made, remove this provis this orde ion so that it
r, one fo
doe
r paren s
ting
not appear in the form when the form is filed.]
arrangements, and one for child
1.
By consent,
support. Each will begin with the
2.
words “By consent”.
THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO
EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:
[A signature line in the following form must be completed and signed by or for each approving party.]
Signature of ☐ party ☐ lawyer for
[name of party(ies)]
[name of person signing]
Signature of ☐ party ☐ lawyer for
[name of party(ies)]
[name of person signing]
By the Court.
Registrar
Family Law—Chapter 6
6.21
COURT FILE NO. E123456
COURT REGISTRY: VANCOUVER
IN THE SUPREME COURT OF BRITISH COLUMBIA
The Style of Proceeding
Claimant 1:
SAMANTHA CALLUM HANNA
matches the type of
proceeding. In this case, it
matches the joint divorce
Claimant 2:
GUY RODERICK CALLEN
Style of Proceeding.
FINAL ORDER
BEFORE A MASTER OF THE COURT
This family law case coming on as an undefended family law case without an oral hearing under Rule 10-10 of the Supreme Court Family Rules, and on considering the evidence put forward;
THIS COURT ORDERS that
Subject to section 12 of the Divorce Act (Canada), the claimant, SAMANTHA CALLUM
HANNA, and the claimant, GUY RODERICK CALLEN, who were married at New Westminster, British Columbia on 16/May/2022, are divorced from each other, the divorce to take effect on the 31st day after the date of this order.
THIS COURT ORDERS that
In a joint divorce, the other orders
must be by consent.
1.
By consent, Claimant, SAMANTHA CALLUM HANNA, will exercise all of the s.
41 parental responsibilities pursuant to s.40(2) of the Family Law Act and will have final decision-making authority pursuant to s.16.3 of the Divorce Act and s.
45(1) of the Family Law Act. Claimant 2, GUY RODERICK CALLEN, will have parenting time with the child every second weekend beginning at 10 a.m.
Saturday morning and ending 6 p.m. Sunday evening and the first two weeks each July and August, and alternating Christmas Eves and Christmas Days.
Claimant 2, GUY RODERICK CALLEN, shall have parenting time the first Christmas Day beginning in the year 2026.
Family Law—Chapter 6
6.22
– 2 –
2.
By consent, Claimant 2, GUY RODERICK CALLEN, will pay monthly child support in the amount of $465 to Claimant 1, SAMANTHA CALLUM HANNA, on the 15th day of each month.
THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND
CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS
BEING BY CONSENT.
Signature of ☒ party ☐ lawyer for
Samantha Callum Hanna
Signature of ☐ party ☒ lawyer for
GUY RODERICK CALLEN
Willow Rosenberg
By the Court.
Registrar