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  • Sea to Sky Law

Family Disputes?

Have you heard about the new BC Provincial Court Family Law Process = the Early Resolution and Case Management process ?

This new family dispute process has been tested in Victoria through a pilot project and as of 7 December 2020 it is the required process in the Surrey Provincial Court as well as the Victoria registry. It will be the required process in all Provincial Court registries eventually. It will of course be painful for everyone learning a new process and forms but - as I have done for 30 years - I support any process that helps parents resolve disputes with less confrontation and acrimony because all children deserve polite and cooperative parents. If you already have an active family law Application or Motion that has not been resolved then Rule 5.01(6) allows you to continue under the old rules.

But Rule 5.01(7) says if there has been no activity for a year in your pre-existing Court file then you must now file and serve a Notice of Intention to Proceed, like Supreme Court, and these new Early Resolution rules apply. This new Provincial Court process encourages a collaborative resolution of family disputes, as the 2013 Family Law Act encourages.

REMEMBER that regardless of the process or form, you still need your own lawyer so you know your choices and consequences before making any decision. I support mediation and other collaborative options to resolve all kinds of disputes, both business and personal issues.

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