If you are involved in a family law dispute in British Columbia and need a court order before trial, you may need to prepare a Notice of Application and supporting Affidavit for a BC Supreme Court chambers hearing. These documents are required to presenting your case to a judge or associate judge and must comply with the Supreme Court Family Rules.
Understanding how these documents work can help you prepare for your chambers hearing and understand what your lawyer needs from you. The Notice of Application tells the court what orders you are asking for, while the affidavit provides the factual evidence supporting those orders.
What Is a Notice of Application in BC Family Law?
A Notice of Application is the document used to formally ask the BC Supreme Court to make an order. Under the usual application procedure in Supreme Court family proceedings, an application is brought by filing Form F31, Notice of Application.
The Notice of Application should clearly identify the orders you want the court to make. It also explains the factual and legal basis for those orders and identifies the affidavits and documents that will be relied upon at the hearing.
In a family law case, a chambers application may involve issues such as interim parenting arrangements, child support, spousal support, guardianship, property or other interim relief.
What Information Should Be Included in the Notice of Application?
The Notice of Application must contain the correct court registry location, court file number and style of proceeding. These details should match the existing court documents in your family law case. The source material also notes that a Notice of Application must not exceed 10 pages.
The beginning of the Notice of Application identifies the hearing date and time. Depending on the circumstances, the application may need to be heard at a particular court location or before a particular judge or associate judge. Your lawyer should determine the appropriate hearing date, location and time estimate.
If the hearing is expected to take more than two hours, the registry must fix the hearing date and time in accordance with the applicable rule.
How Should You Write the Orders You Are Asking the Court to Make?
The most important part of the Notice of Application is the section setting out the orders sought.
The orders should be drafted carefully and precisely. Ideally, the wording should mirror the order you want the court to make. Each requested order should be clearly identified so that the judge can understand exactly what you are asking for.
For example, if you are seeking an interim parenting schedule, the proposed order should identify the parenting arrangements with enough detail that the court can understand what is being requested. If you are seeking child support, the order should clearly identify the relief being requested.
When several orders are being requested, the most important or urgent issues should be presented first. The source material recommends that each paragraph address only one issue.
A family lawyer in Vancouver can help ensure that the wording of the proposed orders is sufficiently precise and consistent with the relief you are legally entitled to seek.
What Is the Factual Basis of a Notice of Application?
The factual basis explains why the court should make the requested orders.
This section is set out in Part 2 of Form F31 and should contain numbered paragraphs explaining the relevant facts supporting the application.
The factual basis should focus on facts that are relevant to the orders being requested. It should work together with the affidavit evidence rather than introducing unnecessary background or irrelevant details.
For example, if the application concerns parenting time, the relevant facts may include the existing parenting arrangements, what has changed, and the circumstances that support the proposed interim arrangement.
What Is the Legal Basis of a Notice of Application?
The legal basis explains the specific law that gives the court authority to make the order you are requesting.
Part 3 of the Notice of Application should identify the precise Supreme Court Family Rule or section of legislation being relied upon. It is not sufficient simply to refer generally to the Supreme Court Family Rules or the Family Law Act.
Where applicable, the legal basis should also identify relevant case law and briefly explain how those authorities support the relief being requested based on the facts of the case.
This is one of the areas where obtaining advice from an experienced Vancouver family lawyer can be particularly important. The legal basis must correspond to the actual order being sought.
What Documents Should Be Identified in the Notice of Application?
Part 4 of the Notice of Application identifies the affidavits and documents that will be relied upon at the chambers hearing.
In family law cases, these may include a client's sworn financial statement, affidavits and supporting documents.
The evidence should be carefully selected. Not every document in a family law file belongs in a chambers application. The focus should be on evidence that is relevant and necessary to support the orders being requested.
How Do You Prepare an Affidavit for a BC Supreme Court Chambers Hearing?
The affidavit is the written evidence supporting your application. In a family law proceeding, an affidavit may be prepared using Form F30 and must comply with the requirements of Supreme Court Family Rule 10-4.
An affidavit is written in the first person and identifies the person making the affidavit, known as the deponent. It should state the deponent's name, address and occupation and explain their relationship to the court proceeding.
The affidavit must be divided into numbered paragraphs and must be sworn or affirmed. Exhibits referred to in the affidavit must be properly attached, and the pages of the exhibits must be numbered consecutively.
What Should You Put in Your Affidavit?
The affidavit should focus on the facts that support the orders requested in the Notice of Application.
The first paragraph will generally identify the deponent's relationship to the proceeding and state that they have personal knowledge of the facts, except where a fact is specifically stated to be based on information and belief.
The remainder of the affidavit should provide the factual evidence necessary for the court to determine the application.
For example, if you are asking the court to make an interim parenting order, the affidavit should provide relevant factual information about the current parenting arrangements and the circumstances supporting the proposed order.
If the application involves child support or spousal support, relevant financial information and supporting documentation may be important. The evidence should be connected to the specific relief being requested.
Can You Put Your Opinions or Arguments in an Affidavit?
Generally, an affidavit should contain facts rather than legal argument or opinion.
The source material specifically emphasizes that subsequent paragraphs of the affidavit should contain facts and not legal argument or opinions about matters such as who is the better parent.
Instead of making a conclusion for the judge, the affidavit should provide the underlying facts and evidence that allow the judge to reach the appropriate conclusion.
The writing should also be clear and straightforward. The source material recommends plain language, focusing each paragraph on one topic, avoiding inflammatory or rude language and using headings where helpful, particularly when the affidavit covers several issues.
What Is the Difference Between Personal Knowledge and Information and Belief?
An important part of preparing an affidavit is distinguishing between facts you personally know and information you have learned from someone else.
Where a fact is based on information and belief, the affidavit should identify the source of the information. The source material explains that this may constitute hearsay evidence and that some applications have restrictions on relying upon hearsay evidence.
For this reason, it is generally preferable to provide evidence based on your own personal knowledge wherever possible.
What Happens After the Notice of Application and Affidavit Are Prepared?
Once the Notice of Application and affidavit have been prepared, they must be reviewed carefully before filing and service.
The Notice of Application, affidavits and documents referred to in the application must generally be filed before they are served on the other parties and any other person who may be affected by the requested orders.
The usual service requirement is that these documents be served by ordinary service at least eight business days before the chambers hearing, subject to exceptions for certain types of applications. For example, summary trial applications and applications involving changes to certain final orders have different requirements.
Because the timing requirements can be technical, it is important to calculate the applicable deadlines carefully.
Why Is Careful Preparation Important for a Chambers Hearing?
A chambers hearing can involve significant issues affecting your children, finances, support obligations or property. The judge or associate judge must be able to understand what orders you are requesting, the facts supporting those orders and the legal authority for making them.
A well-prepared Notice of Application provides a clear roadmap for the hearing, while a well-organized affidavit presents the evidence necessary to support your position.
If you are preparing for a BC Supreme Court chambers hearing, working with an experienced family lawyer in Vancouver can help ensure that your application is properly framed, your evidence is organized and the procedural requirements are addressed.
At Illuma Family Law, we understand that preparing for a chambers hearing can be stressful, particularly when the application involves parenting, child support, spousal support or property. Our approach is focused on helping clients understand the process and presenting their family law matters clearly and effectively before the BC Supreme Court.
Frequently Asked Questions About BC Supreme Court Chambers Applications
What form is used for a Notice of Application?
The usual application procedure uses Form F31, Notice of Application, under Supreme Court Family Rule 10-6.
What form is used for an affidavit?
A family law affidavit may be prepared using Form F30 and must comply with the requirements of Supreme Court Family Rule 10-4.
How long can a Notice of Application be?
The source material states that a Notice of Application must not exceed 10 pages.
How far in advance must a chambers application be served?
The usual requirement is ordinary service at least eight business days before the hearing, although certain applications have different service requirements.
Should an affidavit contain legal arguments?
Generally, no. An affidavit should provide relevant facts and evidence rather than legal argument or opinions. The legal basis for the application belongs in the Notice of Application and the lawyer's submissions.
If you are looking for a family lawyer in Vancouver after separation, Illuma Family Law can help you understand your rights regarding parenting, support, property division and divorce. Contact our experienced family lawyers in Vancouver today to schedule a confidential consultation and get the strategic advice you need – Request a Consultation.
