Rule 1 Citation, Application And Interpretation | ||
1.01 | Citation | |
1.02 | Application | |
1.03 | Object of Rules | |
1.04 | Application of Interpretation Act and Civil Procedure Rules | |
1.05 | Definitions | |
1.06 | Waiver of Rule by agreement | |
Rule 2 Effect of Non-compliance | ||
2.01 | Non-compliance with Rules | |
Rule 3 Time | ||
3.01 | Computation of time | |
3.02 | Time Definition Act | |
3.03 | Extension, etc. of time | |
Rule 4 Forms and Practice Memoranda | ||
4.01 | Forms | |
4.02 | Practice memoranda | |
Rule 5 Parties | ||
5.01 | More than 1 party | |
5.02 | Third person as party | |
5.03 | Order seperate hearings | |
5.04 | Change of parties | |
5.05 | Representation | |
5.06 | Litigation guardian | |
5.07 | Appointment of litigation guardian | |
5.08 | Replacement, discharge and duties | |
5.09 | As amicus curiae | |
Rule 6 Commencement of Proceedings | ||
6.01 | Definitions for Rule 6 | |
6.02 | Contact information | |
Form FC 1 Statement of Contact Info and Circumstances | ||
6.03 | Family court officer filing | |
6.04 | Fax filing | |
6.05 | Starting a proceeding | |
Form 6.02A Notice of Application | ||
Form 6.02B Notice of Variation Application | ||
Form 6.02C Response to Application | ||
Form 6.02D Response to Variation Application | ||
6.06 | Disclosure by parenting statement and deadline for filing | |
Form FC 2A Parenting Statement | ||
Form FC 2B Statement of Contact Time and Interaction | ||
6.07 | Disclosure by financial statements | |
Form FC 3 Statement of Income | ||
Form FC 4 Statement of Special or Extraordinary Expenses | ||
Form FC 5 Statement of Undue Hardship Circumstances | ||
Form FC 6 Statement of Expenses | ||
Form FC 7 Statement of Property | ||
Form FC 8 Waiver of Financial Statements | ||
6.08 | Disclosure of financial information for child support and other claims | |
6.09 | Disclosure by affidavit | |
6.10 | Deadlines for filing financial statements | |
6.11 | Direction to disclose | |
Form 6.11 Direction to Disclose | ||
6.12 | Order to appear and disclose | |
Form 6.12A Order to Appear and Disclose | ||
Form 6.12B Order to Disclose | ||
6.13 | Order for disclosure by non-party | |
Form 6.13 Order for Disclosure by a Non-Party | ||
6.14 | Court-based ADR | |
6.15 | Court-based ADR meeting and directions | |
Form 6.15 Direction to Appear | ||
6.16 | Conduct of court-based ADR | |
6.17 | Consent order in court-based ADR | |
6.18 | Interim order for child support | |
Form FCO 1 Interim Order for Child Support | ||
6.19 | Variation of, or setting aside, a family court officer’s order | |
6.20 | Court-based ADR record | |
Form 6.20 Court-Based ADR Record | ||
6.21 | Referral to court | |
Form 6.21 Notice to Appear in Court | ||
6.22 | Arrange pre-hearing conference | |
6.23 | Arrange settlement conference | |
6.24 | Parent information program | |
Rule 7 Notice and Place of Proceeding | ||
7.01 | Place of proceeding | |
7.02 | Notice | |
7.03 | Service | |
7.04 | Substituted service | |
7.05 | Affidavit of service | |
7.06 | Ex parte applications and motions | |
Rule 8 Amendment | ||
8.01 | By the court | |
Rule 9 Motions | ||
9.01 | Interlocutory step | |
9.02 | Civil Procedure Rules apply | |
Rule 10 Pre-Hearing Conferences | ||
10.01 | Pre-hearing conference | |
Rule 11 Settlement Conferences | ||
11.01 | Settlement conference procedure | |
Rule 12 Paternity Testing | ||
12.01 | By consent | |
Form FCO 2 Order for Paternity Testing | ||
12.02 | By judge's order | |
Rule 13 Admissions and Expert Witnesses | ||
13.01 | Voluntary admissions |
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13.02 | Expert witnesses |
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13.03 | Report |
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Rule 14 Hearing Procedures | ||
Failure to attend |
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Adjournment |
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14.03 | Exclusion of witnesses, etc. |
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14.04 | Child testimony |
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14.05 | Copies of document for other party |
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Proof of fact or document subsequent to hearing |
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14.07 | Order for documents |
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14.08 | Translation |
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14.09 | Subpoena |
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14.10 | Service of subpoena |
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14.11 | Duration of subpoena |
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14.12 | Subpoena of opposing party |
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14.13 | Failure to obey subpoena |
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14.14 | Contempt proceedings |
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Rule 15 Telephone and Video Conference | |||
15.01 | Hearing by attendance in courtroom | ||
Rule 16 Affidavits | |||
16.01 | Affidavit | ||
16.02 | Contents of affidavit | ||
16.03 | Exhibits | ||
16.04 | Scandalous, etc., matter in affidavit | ||
Rule 17 Counsel | |||
17.01 | Counsel of record | ||
17.02 | Ceasing to be counsel of record | ||
17.03 | Counsel for a non-party | ||
17.04 | Discharge of counsel | ||
17.05 | Change of counsel | ||
Form 17.05 Notice of New Counsel | |||
17.06 | Party acting on own after discharging counsel | ||
17.07 | Information provided by family court officer | ||
17.08 | Counsel for limited purpose | ||
17.09 | Duty of discharged counsel | ||
17.10 | Withdrawal of counsel | ||
17.11 | New designated address for delivery | ||
Rule 18 Acting on One's Own | |||
18.01 | Party acting on own | ||
Form 18.01 Notice of Intention to Act on One's Own | |||
18.02 | Information for party acting on their own | ||
18.03 | Further information | ||
18.04 | Party requiring counsel | ||
18.05 | Assistant | ||
18.06 | Restrictions on agent or assistant | ||
18.07 | Communicate with counsel | ||
18.08 | Communication with the court | ||
Rule 19 Withdrawal | |||
19.01 | Notice of withdrawing | ||
Form 19.01 Notice of Withdrawing | |||
19.02 | Order for costs, continuation or subsequent proceeding | ||
19.03 | Effect of withdrawal | ||
Rule 20 Orders | |||
20.01 | Effective date | ||
20.02 | Requiring an act to be done | ||
20.03 | Preparation of an order | ||
20.04 | Finalizing operative terms of order | ||
20.05 | Issue of order | ||
20.06 | Certification of order | ||
Rule 21 Costs | |||
21.01 | Award and collection | ||
21.02 | Judgement including costs | ||
Rule 22 Execution and Garnishee Orders | |||
22.01 | Civil Procedure Rules apply | ||
22.02 | Garnishee order | ||
Form 22.02 Garnishee Order | |||
Rule 23 Transfer and Consolidation of a Proceeding and Exercise of Jurisdiction by Another Judge | |||
23.01 | Transfer of a proceeding | ||
23.02 | Consolidation | ||
23.03 | Exercise of jurisdiction | ||
Rule 24 Proceedings under the Children and Family Services Act |
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Interpretation | |||
Forms | |||
Form 24.02A Application | |||
Ex parte applications | |||
Form 24.03C Application and Affidavit for Order to Locate and Detain Runaway Child | |||
Taking into care | |||
Commencement of proceedings | |||
Place of hearing | |||
Joinder of proceedings | |||
Interim hearings | |||
Form 24.08B Notice of Band's Intention | |||
Disclosure and discovery | |||
Mediation | |||
Pre-hearing conference |
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Protection hearing | |||
Disposition hearing | |||
Conferencing | |||
Form 24.12.1C Notice of Termination of Conferencing | |||
Reviews | |||
Termination of permanent care and custody orders and variation of access | |||
Form 24.14B Application to Terminate Order for Permanent Care and Custody and Notice of Hearing | |||
Consent to treatment | |||
Child abuse register | |||
Form 24.17B Notice of Objection | |||
Form 24.17F Application and Affidavit for Removal | |||
Secure-treatment certificate | |||
Place of hearing | |||
Service on parent or guardian | |||
Form 24.20B Application to be Added as a Party to a Secure-Treatment Proceeding | |||
Evidence | |||
Hearing of application for secure-treatment order | |||
Hearing of application for renewal of secure-treatment order | |||
Hearing of review of secure-treatment order | |||
Form 24.24A Application for Review of Secure-Treatment Order | |||
Order | |||
* Numbering as in original document | |||
ADDITIONAL FORMS USED IN FAMILY COURT | |||
Personal Representation Form | |||
Form FCO 3 Order | |||
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