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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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I am a self representing litigant, seeking a divorce. I

Customer Question

Good Morning,
I am a self representing litigant, seeking a divorce. I filed my application on February 18, 2013 in the Supreme Court of BC, Vancouver Registry. My future ex took 1.5 years to file a counter claim. The file has been dormant for over a year and I filed a "Notice of Intention to proceed as well as a response to his counter claim, both of which he received via process server on July 18, 2015.
I have three questions:
1. I am aware that the Family Law Act changed on March 18, 2013. Which Act governs my application and subsequent proceedings?
2. Now that 28 days has elapsed since my ex was served the Notice of Intention to proceed, what application should I be making to the court? I have both an email address as well as a physical address (on court records) for serving him. Should I be asking for him to appear before a judge? I would like the conduct of sale over the property that I have been financing and living in since we separated 7 years ago. I tried this application last year, which is when my ex counterclaimed. Or should I be asking for something else?
3. How do I go before a judge to make requests of the court? I assume it is these applications, but I was told at the court registry that I can get on the docket by filing my application in the morning. How then to I seek my ex's participation in the same?
Thanks you for any direction you can provide.
Sincerely,
Robin XXXXXX XXX XXX XXXX
XXXXXXXXXXXXXXXXX
Submitted: 1 year ago.
Category: Canada Law
Expert:  Tom B. replied 1 year ago.

Hello

Now that you have filed a Notice of Intention to Proceed, you can take a step. The first is to have a Case Conference with a judge to discuss the issues and how to proceed. This step is generally necessary before any applications to court can be made. Generally, then trial dates can be set and there is a Trial Management Conference set to discuss whether both sides are ready. Then, there is a trial.

So, I suggest you now put the matter down for a case conference by contacting the Supreme Court trial scheduling person where the action is. This site has the contacts and a lot of other good info...

http://www.courts.gov.bc.ca/supreme_court/

You need to read the Rules and here they are..

http://www.bclaws.ca/Recon/document/ID/freeside/169_2009_00

Necessary forms and other info is here...

http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_family.htm

Court staff cannot give legal advice but are very good with forms.

You should consult your own lawyer. Here is a link to the lawyer referral service. Call and ask for family law lawyers and you will be given the names of a few in your area who have agreed to consult for $25 and you may consult with one or all.

The case conference will be before a judge but it is informal and you may request directions about documents and procedural matters. The aim is to get matters moving and reducing court time and clarifying issues with the hope of a settlement.

I sincerely ***** ***** has assisted and that you will rate my answer well.

Tom

Expert:  Tom B. replied 1 year ago.

Do you require more info?

Please rate my answer well :)

Tom

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