The experience of being served with court documents can be stressful and confusing. You may not have been warned that you would be involved in a court matter. You might have been in the middle of a busy day when a stranger approached you with a stack of legal documents. You may not even understand what you are being asked to do.
In this blog, we will outline what you need to know after you’ve been served and the next steps to take after you’ve received your papers.
What Is A Notice of Family Claim?
In BC family law, individuals are often personally served with a Notice of Family Claim. The Notice of Family Claim initiates a court proceeding at the BC Supreme Court. The person who completes and files the Notice of Family Claim at a court registry, known as the “Claimant”, sets out the types of relief a Claimant can ask for, such as divorce, spousal support, or child support.
The Notice of Family Claim needs to be personally served on the other party, or the “Respondent”. There are individuals called “process servers” who are hired specifically to carry out personal service, which is why people may sometimes find themselves being handed papers by someone they do not know personally. Process servers cannot provide legal advice.
I Was Served With A Notice of Family Claim. What Do I Do Next?
If you are served with a Notice of Family Claim, you are being put on notice as the “Respondent” in this family law matter. As the Respondent, you should take immediate action and file a Response to Family Claim and/or Counterclaim, which will allow you to set out your own claims and the reasons for why you agree or disagree with the Claimant’s claims.
You technically only have 30 days to file a Response and/or Counterclaim. Filing and serving a Response and/or Counterclaim will also allow you to put the Claimant on notice of your address for service, which will clear up any issues with service of court documents moving forward.
Finally, a Claimant can file their own Response to Counterclaim in response to a Respondent’s Counterclaim.
For Provincial Court, the process is similar, although the initiating forms, or “pleadings,” are different.
Because preparing an appropriate Response and/or Counterclaim will require you to understand your legal rights, entitlements, and obligations, getting proper advice about your next steps after you are served with a Notice of Family Claim is a crucial step in protecting your interests moving forward. The lawyers at Westside Family Law are pleased to help with their expertise.