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In British Columbia there are two different court systems that
have jurisdiction over family law matters: The Provincial Court
of British Columbia, Family Division, and the Supreme Court of British
Columbia. There are many important advantages to being in the Supreme
Court and nothing but problems with being in Provincial Court.
Both Courts can deal with custody and guardianship, parenting plans
and both spousal and child support. Only the Supreme Court can order
a divorce and divide up property. Provincial Courts are found in
most commiunities while Supreme Courts are found only in the larger
cities.
Once a matter is started in Provicial Family Court it is almost
impossible to get it moved up to the Supreme Court. Therefore, if
you have chance to determine into which court your own case will
go, put it in Supreme Court. This means you may have to make the
first move in Supreme Court before the other parent gets into Provincial
Family Court.
PROS AND CONS OF EACH COURT
DISCOVERY: One of the most valuabe and useful proceedures
available to a party in any action commenced in the Supreme Court
is the Discovery process. Both sides are entiled to know about and
have copies of any and all documents in the pocession of the other
side that might relate to the case. As well, each side can make
the other party go before a Court Reporter to be sworn to tell the
truth and answer any questions the relate to the matter. A transcript
may then be typed up of that persons evidence and used in later
court applications or at trial. This discovery process is a major
contribution to settling cases and for determining the true issues
that divide the parties. It is an invaluable tool. It is NOT available
in Provincial Family Court. The result in Provincial Court is that
you really never know the other sides case until you are actually
in court, and then one or both sides usually get ambushed by surprises.
It is ineffeciant, you can't really prepare properly, time consuming
and totally unfair.
CONTEMPT: If a person disobeys a Supreme Court order - such
as denying parenting time to the other parent - the offending party
can be held in contempt and various punishments are available to
the court. There is no such power or proceedure in Provincial Family
Court.
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