Form G (PFA716) "Reply to a Counter Application" - British Columbia, Canada

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Preparing a Reply to a Counter Application
Form G
Provincial Court (Family) Rules Appendix B section 26
Early Resolution and Case Management Model – SURREY AND VICTORIA ONLY
This is the form you need to complete if you choose to reply to a counter application. A reply to a counter application must be
filed within 30 days of you being served with the Reply to an Application about a Family Law Matter with Counter Application.
A party who receives a counter application may do any of the following:
• agree to one or more of the orders requested in the counter application
• disagree with any order requested in the counter application, stating your reason(s) for disagreement and proposing a new order
If you need more time to prepare your reply, you can ask the court for an extension of the time by filing an
Application for Case Manage-
ment Order without Notice or Attendance Form
I.
Legal Assistance
Understanding the law and making sure you get correct information is important. If you get the wrong information or do not know how
the law applies to your situation, it can be harder to resolve your family law case. Getting advice from a lawyer can help.
Lawyers – To find a lawyer or to have a free consultation with a lawyer for up to 30 minutes, contact the
Lawyer Referral Service
at
1-800-663-1919.
Legal Aid, Duty Counsel and Family Advice Lawyers – To find out if you qualify for free legal advice or representation, contact the
Legal
Services Society
at 1-866-577-2525, or visit the
Justice Access
Centre.
Legal Services and Resources – Visit
Clicklaw
at
www.clicklaw.bc.ca/helpmap
to find other free and low-cost legal services in your com-
munity
What you need to get started
Try to collect as much information as possible before you start to complete the form.
The type of information and documents you need will depend on what the other party asked the court for. You will need to refer to the
Reply to an Application About a Family Law Matter with Counter Application to complete the Reply to a Counter Application
form. You might also need:
• birth dates, names, and other related information about you and your children
• any agreements or court orders you already have about a family law matter
• if the other party is asking for child or spousal support, information about your income and, if you have it, the other party’s income
• if the other party is asking for orders about children, information about your children’s living arrangements, schedules and expenses
1
PFA 716 12/2020
Form G
Preparing a Reply to a Counter Application
Form G
Provincial Court (Family) Rules Appendix B section 26
Early Resolution and Case Management Model – SURREY AND VICTORIA ONLY
This is the form you need to complete if you choose to reply to a counter application. A reply to a counter application must be
filed within 30 days of you being served with the Reply to an Application about a Family Law Matter with Counter Application.
A party who receives a counter application may do any of the following:
• agree to one or more of the orders requested in the counter application
• disagree with any order requested in the counter application, stating your reason(s) for disagreement and proposing a new order
If you need more time to prepare your reply, you can ask the court for an extension of the time by filing an
Application for Case Manage-
ment Order without Notice or Attendance Form
I.
Legal Assistance
Understanding the law and making sure you get correct information is important. If you get the wrong information or do not know how
the law applies to your situation, it can be harder to resolve your family law case. Getting advice from a lawyer can help.
Lawyers – To find a lawyer or to have a free consultation with a lawyer for up to 30 minutes, contact the
Lawyer Referral Service
at
1-800-663-1919.
Legal Aid, Duty Counsel and Family Advice Lawyers – To find out if you qualify for free legal advice or representation, contact the
Legal
Services Society
at 1-866-577-2525, or visit the
Justice Access
Centre.
Legal Services and Resources – Visit
Clicklaw
at
www.clicklaw.bc.ca/helpmap
to find other free and low-cost legal services in your com-
munity
What you need to get started
Try to collect as much information as possible before you start to complete the form.
The type of information and documents you need will depend on what the other party asked the court for. You will need to refer to the
Reply to an Application About a Family Law Matter with Counter Application to complete the Reply to a Counter Application
form. You might also need:
• birth dates, names, and other related information about you and your children
• any agreements or court orders you already have about a family law matter
• if the other party is asking for child or spousal support, information about your income and, if you have it, the other party’s income
• if the other party is asking for orders about children, information about your children’s living arrangements, schedules and expenses
1
PFA 716 12/2020
Form G
Step 1: Complete the Reply to a Counter Application form
This form is available online at
www.gov.bc.ca/court-forms
or at any Provincial Court Registry.
You can complete the form online and print it for filing. You can also complete it by hand. If you complete it by hand, be sure it’s readable.
Registry staff and staff at the
Justice Access Centre
[Surrey (604 501-8282) and Victoria (250 356-7012)] can help you with the forms but
they cannot complete the forms for you. If you need help filling in the forms and do not have a lawyer, ask the court registry staff or staff
at the Justice Access Centre to refer you to someone who can help.
You need to complete and file the main part of the form and only the schedules that apply to the counter application.
Follow the instructions in the form. You will be given space to provide information that is important to make your reply.
To prepare the form for filing:
• collect the schedules you completed, any existing orders or agreements as referenced in the form, and any support calculation,
if applicable
• print or make copies of all documents: one set for you, one set for the Court, and one set for each other party
• staple each package of documents together
• bring all copies of the package to the court registry for filing
You may also need to complete a
Financial Statement Form
D. The instructions in this form and workbook will help you figure out if this
applies to you. If it does, make sure you have completed the form and bring in completed copies when you file the Reply to a Counter
Application.
Step 2: File the Reply to a Counter application form at the Provincial Court Registry
You must go to the
Provincial Court Registry
where the Application About a Family Law Matter is filed.
The registry clerk will review your package to make sure it is complete before filing it. You will be given a filed copy of your reply for your
records.
There are no fees for filing Provincial Court family matters.
Step 3: Serve the Reply to a Counter application on the other party
You must serve a filed copy of your reply on the other party along with any other documents filed with the reply. The document(s) must
be served in any one of the following ways:
• by leaving the documents at the party’s address for service
• by mailing the documents by ordinary mail to the party’s address for service
• by mailing the documents by registered mail to the party's address for service
• if the party’s address for service includes an email address, by emailing the document(s) to that email address
• if the party’s address for service includes a fax number, by faxing the documents to that fax number
A party’s address for service is the address they have provided to the court.
The court may need proof you had the documents served. The person serving the documents must complete a
Certificate of Service
Form E
so that you can prove service of the documents took place.
Step 4: Attend the Family Management Conference
You should have already received instructions for scheduling your Family Management Conference. It is your first step with the court.
Both your application and the other party’s counter application will be before the court.
A family management conference is an informal and time-limited court appearance where the judge:
• assists the parties to identify the issues to be resolved
• explore options to resolve the issues
• can make case management orders or directions to make sure your case is ready for the next step
• can make interim (temporary) orders about your family law matters
• can make an order by consent of the parties
• can make an order without party, if a party does not show up or file a reply
Your scheduling notice will provide you with more information about what happens at the family management conference.
2
TIPS FOR COMPLETING THE FORM:
Registry location and court file number –
Copy this information from the top right corner of the Application About a Family Law Matter.
Information about the parties –
Party names: Copy the party names from the Application About a Family Law Matter.
Replying to the other party’s counter application –
Remember your options for replying to a counter application. You may:
agree to one or more of the orders requested in the counter application
disagree with any order requested in the counter application, stating your reason(s) for disagreement and proposing a new order
The next two sections help to identify what you agree with and, what you disagree with and want a different order for.
Look at which schedule(s) are attached to the Reply to an Application About a Family Law Matter with Counter Application. For each schedule 10
-20 that the other party has filed, consider if you agree or disagree with the order(s) the other party is asking for.
It can be hard to know what reply to make. A family justice counsellor or lawyer can help you if you are unsure of what you need to do.
Agreement with Counter application(s) –
If you agree to an order the other party asked for in a schedule attached to their reply with counter application, then you need to complete this
section. If there is no schedule for a family law matter, then the other party has not made a counter application for it.
Check off the appropriate box in the list for each family law matter counter application the other party has requested an order about and you agree
to.
For parenting arrangements, you may agree with some of the orders but not all of them. That is okay. For example, you might agree to the
parenting time they have asked for but not like the conditions they want on your time with a child. Make sure you are clear whether you agree to
all or some of the parenting arrangements. For any parenting arrangements you do not agree to, you will need to complete the Disagreement with
Application(s) section and appropriate schedule(s).
For all other family law matters, if you are not agreeing in full to the order requested by the other party, you will need to complete the Disagreement
with Application(s) section and appropriate schedule(s).
Note: For each schedule 10 – 20 the other party has completed, you will need to either agree or disagree. You can’t do both.
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REPLY TO A COUNTER APPLICATION
Registry Location:
FORM G
Court File Number:
Provincial Court (Family) Rules
1. My name is
.
(full name of party)
I am replying to the counter application made by
,
(full name of other party)
Replying to the Other Party’s Counter Application
Agreement with order(s)
2. I agree with the following order(s) applied for by the other party:
Refer to the Reply to an Application About a Family Law Matter with Counter Application schedules as referenced below to assist in
completing this section.
Select all options that apply
Parenting Arrangements
Parenting arrangements – new [see Schedule 11 of Counter Application]
parental responsibilities
parenting time
conditions on parenting time
Parenting arrangements order/agreement – existing [see Schedule 12 of Counter Application]
change to parental responsibilities
change to parenting time
change to conditions on parenting time
Child Support
child support – new [see Schedule 13 of Counter Application]
child support order/agreement – existing [see Schedule 14 of Counter Application]
Contact with a child
contact with a child – new [see Schedule 15 of Counter Application]
contact order/agreement – existing [see Schedule 16 of Counter Application]
Guardianship of a child
appointing a guardian of a child [see Schedule 17 of Counter Application]
cancelling guardianship of a child [see Schedule 18 of Counter Application]
Spousal Support
spousal support – new [see Schedule 19 of Counter Application]
spousal support order/agreement – existing [see Schedule 20 of Counter Application]
Disagreement with order(s)
3. I do not agree to all or part of the following order(s) applied for by the other party:
Refer to the Reply to an Application About a Family Law Matter with Counter Application schedules to assist in completing this
section.
Select all options that apply, complete and attach the required schedule(s).
Parenting Arrangements
Parenting arrangements – new [complete and attach Schedule 1]
parental responsibilities
parenting time
conditions on parenting time
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PFA 716 12/2020
Form G
Disagreement with application(s) –
If you do not agree, to all or part, of an order the other party asked for in a schedule attached to their reply with counter application, then you need
to complete this section.
For each order about a family law matter the other party applied for where you do not agree to the order they requested, you will need to complete
and attach the referenced schedule. In the schedule you will need to explain why you disagree with the order they requested and propose the
order you want the court to make instead.
Note: For each schedule the other party has completed, you will need to either agree or disagree.
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