@ -12,15 +12,7 @@
< h1 >
{% if not intercepted %}< small > Step 1:< / small > {% endif %}
What are you asking for
(< span class = "tooltip-link" data-toggle = "tooltip" data-placement = "auto" data-html = "true" data-trigger = "click" title = "
< p > < b > Orders< / b > < / p >
< p > A record of a decision made by a judge or master that tells you or
your spouse what you must do (or not do). For example: The court has
made an order that your spouse must pay you $250 on a monthly basis
to help pay off your combined debt.
">Orders< i class = "fa fa-question-circle" aria-hidden = "true" > < / i >
< / span > )?
What are you asking for ({% include "partials/tooltips/orders.html" %})?
< / h1 >
< p class = "intro" > Please select what you are asking for. Later on you will be asked to provide details for each request.< / p >
@ -110,16 +102,7 @@
< p >
If you and your spouse have already agreed on spousal support
(which could be in the form of a
< span class = "tooltip-link" data-toggle = "tooltip" data-placement = "auto"
data-html="true" data-trigger="click"
title="
< p > A document that sets out how you and your spouse have
agreed to deal with things like parenting support
and property after you separate (Provincial family law
calls it an agreement). There's no official form to use
for drafting up a separation agreement.< / p >
">separation agreement
< i class = "fa fa-question-circle" aria-hidden = "true" > < / i > < / span > )
{% include "partials/tooltips/forms/separation_agreement.html" %})
then you do not need to ask for an < em > Order for Spousal
Support< / em > . However, if you < b > do not have a separation
agreement< / b > that deals with spousal support, then you may
@ -191,36 +174,10 @@
< / label >
< / div >
< p > This may include
< span class = "tooltip-link" data-toggle = "tooltip" data-placement = "auto"
data-html="true" data-trigger="click"
title="Child support< br >
< p > Parents have a duty under the law to support their children,
even if one parent doesn't see or take care of the children.
The money one parent pays to the other parent to help provide
for the daily needs of the children is called child support or
maintenance.< / p >
">child support< i class = "fa fa-question-circle" aria-hidden = "true" > < / i >
< / span > ,
< span class = "tooltip-link" data-toggle = "tooltip" data-placement = "auto"
data-html="true" data-trigger="click"
title="Parental responsibilities< br >
< p > The responsibilities guardians have for the children in their care, including decisions about daily care, education, religious upbringing, extracurricular activities, etc. After separation or divorce, guardians can share parental responsibilities in whatever way that's in the child's best interests, as decided by agreement or court order.< / p >
< p > When a child's parents live together, both parents are the child's guardians (have guardianship). When the parents separate, both parents continue to be guardians unless they agree to change this or a court orders a change. A court can give guardianship of a child to a non-parent. Guardians are responsible for making all decisions about their child, including about daily care and supervision, education, health care, cultural or religious upbringing, and where the child will live.< / p >
">parental responsibilities< i class = "fa fa-question-circle" aria-hidden = "true" > < / i >
< / span > (guardianship),
< span class = "tooltip-link" data-toggle = "tooltip" data-placement = "auto"
data-html="true" data-trigger="click"
title="Parenting time< br >
< p > The time that a guardian spends with a child and is responsible for the care and supervision of the child.< / p >
">parenting time< i class = "fa fa-question-circle" aria-hidden = "true" > < / i >
< / span > (access, contact with a child) and
< span class = "tooltip-link" data-toggle = "tooltip" data-placement = "auto"
data-html="true" data-trigger="click"
title="Custody< br >
< p > Under the Divorce Act, where and with whom a child lives, and the guardian's rights and responsibilities for the child. Under the BC Child, Family and Community Service Act, custody is similar.< / p >
">custody< i class = "fa fa-question-circle" aria-hidden = "true" > < / i >
< / span > .
< p > This may include {% include "partials/tooltips/children/child_support.html" %},
{% include "partials/tooltips/children/parental_responsibilities.html" %}(guardianship),
{% include "partials/tooltips/children/parenting_time.html" %}
(access, contact with a child) and {% include "partials/tooltips/children/custody.html" %}.
< / p >
< p >
< b > NOTE:< / b > Just because you have children does not mean you have to select this option. Only select if you want a Judge to make
@ -298,23 +255,8 @@
< a href = "https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/legislation-updates/family-law-act"
target="_blank">Family Law Act< / a > .
If you choose to go with the Family Law Act, you can get court orders or enforce an agreement in either
< span class = "tooltip-link"
data-toggle="tooltip" data-placement="right" data-html="true"
title="
< b > Provincial Court< / b >
< p > The lower level trial court which deals with small claims, family,
youth criminal offenders, criminal and traffic matters.< / p >
">
Provincial Court< i class = "fa fa-question-circle" aria-hidden = "true" > < / i > < / span >
or
< span class = "tooltip-link"
data-toggle="tooltip" data-placement="right" data-html="true"
title="
< b > Supreme Court< / b >
< p > The higher level trial court. This court also hears appeals from
the Provincial Court, and sometimes reviews the decisions of certain
provincial tribunals and public decision-making bodies.< / p > ">
Supreme Court< i class = "fa fa-question-circle" aria-hidden = "true" > < / i > < / span > ,
{% include "partials/tooltips/provincial_court.html" %}
or {% include "partials/tooltips/supreme_court.html" %},
but if you go with the Divorce Act, you can only do this in Supreme Court.
< / p >
< p >
@ -323,7 +265,7 @@
apply to the Supreme Court to settle your other family law issues,
such as support and
< a href = "http://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/family-law/parenting-apart"
target="_blank">parenting arrangements< / a > , under the Divorce Act or
target="_blank">parenting arrangements< / a > , under the Divorce Act or
under the provincial Family Law Act. The Family Law Act is usually
better for settling these issues because it is tailored to respond
to the needs of families.
@ -437,34 +379,9 @@
registry. In Supreme Court, the parties involved in a case (or their
lawyers) are responsible for telling the court the order(s) they want.
This is done by putting the details in writing in their
< span class = "tooltip-link" data-toggle = "tooltip" data-placement = "right" data-html = "true"
title="
< p > < b > Application< / b > < / p >
< p > An application is a request to the court for an order or judgment
which occurs during the course of a court proceeding. What this means
is an application is what you are seeking from the court and the
draft order is the outcome of what is being sought. The draft order
includes the full details (e.g. child support to be paid by payor or
payee, by when, how, etc). of what you want the court to grant.< / p >
">application< i class = "fa fa-question-circle" aria-hidden = "true" > < / i > < / span >
and in a
< span class = "tooltip-link" data-toggle = "tooltip" data-placement = "right" data-html = "true"
title="
< p > < b > Draft of the order< / b > < / p >
< p > A draft final order sets out what orders (decisions) you want the
court to make (what you want the judge to approve). The draft final
order is reviewed by a judge or master. If the judge or master makes
the order you ask for, they'll sign the < b > draft order< / b > you filed
and it becomes your < b > final court order< / b > .< / p >
">draft of the order< i class = "fa fa-question-circle" aria-hidden = "true" > < / i > < / span >
to be signed by the judge or
< span class = "tooltip-link" data-toggle = "tooltip" data-placement = "right" data-html = "true"
title="
< p > < b > Master< / b > < / p >
< p > A master is a judicial officer of the Supreme Court who can hear and
decide certain applications, including interim applications for
parenting or support orders.< / p >
">master< i class = "fa fa-question-circle" aria-hidden = "true" > < / i > < / span > .
{% include "partials/tooltips/application.html" %}
and in a {% include "partials/tooltips/draft_of_order.html" %} to be signed by the judge or
{% include "partials/tooltips/master.html" %}.
The judge or master who reviews the application will sign the order, if
they approve it.
< / p >
ariannedee
5 years ago