Step-by-step instructions for getting an order to use an alternative method of service

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In Provincial Court

1. Once you've tried everything you can to serve the documents on the other party, fill out a Notice of Motion (Form 16). Use the same file number and court registry name that you used in any previous Application to Obtain an Order (Form 1), even if you've moved. Ask the family registry clerk at this court which dates are available for the hearing. You must put the court hearing date into the Notice of Motion (Form 16). This form has instructions to help you fill it out. You can either fill it out online or print it and fill it out by hand (print neatly using dark-coloured ink).

2. Complete an Affidavit (Form 10). This form has instructions to help you fill it out. You can either fill it out online or print it and fill it out by hand (print neatly using dark-coloured ink).

3. Have your completed Affidavit (Form 10) sworn or affirmed by taking it to a lawyer, notary public, or other commissioner of oaths (found in courthouse registries at Provincial Court).

   If you're going to a lawyer or a notary public, call ahead to make an appointment and to make sure that he or she can swear or affirm the document for you. Say the document is an affidavit. Make sure you tell the person that you don't need any advice.
   
   

   When you go to have the Affidavit (Form 10) sworn or affirmed, take photo identification with you. The person who will swear the affidavit for you must be sure you are who you say you are. After identifying you, he or she will ask you if you've read the affidavit, and if you swear or affirm that the contents are true to the best of your knowledge and belief.

Tip: See our self-help guide How to serve Provincial Court documents for more information about how to serve a document and complete the Affidavit of Personal Service (Form 5).

4. Once the Affidavit (Form 10) has been sworn or affirmed, make three photocopies of all your documents, and go to the court registry to file your documents. You must file the application at the same court where any Application to Obtain an Order (Form 1) was filed or previous order was made. File all original affidavit(s) and your Notice of Motion (Form 16). File the three photocopies of each document at the same time. The court clerk will give you back the extra copies stamped with the court seal. These are your "filed copies."
5. On your court date, ask the judge for an order based on your filed affidavit evidence. If the judge refuses to use affidavit evidence (in Provincial Court, it's the judge's choice), ask if you may take the witness stand to give your evidence, or ask for a hearing date at which you may come back to give your evidence verbally. Follow the judge's instructions.
6. Attend the hearing, if necessary. If there's no lawyer for either party, the Provincial Court registry will prepare the order for alternative service for you and mail it to you.

In Supreme Court

1. Once you've tried everything you can to serve the documents on the other party, you can apply for an order for substituted service in Supreme Court. Usually these orders are made without a hearing. As a result, they're often referred to as “desk orders.” This desk order is just as effective as an order made in court. To apply for a desk order, you need to fill out several forms. In these forms, use the same file number and court registry name where any Notice of Family Claim (Form F3) was filed or previous order was made, even if you've moved.
   
   You need to fill out:

• a Requisition for Consent Order or Order Without Notice (Form F29),
• an Affidavit (Form F30), and
  
• a draft Order Made Without Notice (Form F34).

These forms have instructions to help you fill them out. You can either fill the forms out online or print them and fill them out by hand (print neatly using dark-coloured ink).

Important: At this time, earlier versions of Acrobat Reader and the Preview application on Mac computers (and some servers and the Google Chrome browser) don't support these new forms, so you may need to either update your Acrobat Reader or use a PC at your local library or a friend's place to access them.

Tip: To find out how the forms work, see the Supreme Court Civil and Family Forms "How To" Guide on the Court Services Branch website.

If you need help, see Filling out court forms — Who can help.

If you're in Vancouver and need help with these forms, the Vancouver Justice Access Centre Self-Help and Information Services can help you.

2. Collect your completed Affidavit (Form F30) and copies of any documents you want to attach to them and take them to a lawyer, notary public, or a clerk at the court registry. You have to swear or affirm any affidavits in front of one of these people.

   Phone first to ask how much they will charge for this service, because some people charge a lot more than others. Shop around.
   Tip: If you have the Affidavit (Form F30) sworn at the court registry, it will cost you $40.
   If you're going to a lawyer or notary public, call ahead to make an appointment and to make sure that he or she can swear or affirm the document for you. Say the document is an affidavit. Make sure you tell the person that you don't need any advice.
   
   When you go to have the Affidavit (Form F30) sworn or affirmed, take photo identification with you. The person who will swear the affidavit for you must be sure you are who you say you are. After identifying you, he or she will ask you if you've read the affidavit, and if you swear or affirm that the contents are true to the best of your knowledge and belief. If you answer yes, then you sign the documents and the person witnesses your signature.
   

3. Once the Affidavit (Form F30) has been sworn or affirmed, make one photocopy of all your documents, and go to the court registry to file your documents. You must file the application at the same court where any Notice of Family Claim (Form F3) was filed or where any previous order was made. File the original Requisition (Form F29), Affidavit (Form F30), and draft Order Made Without Notice (Form F34). The registry clerk will date stamp your Requisition and Affidavit, keep the originals of all documents, and return the photocopies to you. You'll have to pay a filing fee. These are your "filed copies."
4. You'll receive a photocopy of the original order once it's signed. Be sure to ask the clerk how long it usually takes to have the written order signed and where you should go to pick up your copy.

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