Choosing a Court

(Transcript of video)

Captions: Choosing a Court

The people who appear in this video are actors and the situation portrayed is a dramatization. The legal information in this video applies only to British Columbia, Canada, and is accurate as of June 2007.

Information may become outdated as laws change.

Christa: Thanks for coming; you're a good friend, Jane.

Jane: Don't be silly. You're always there for me.

Christa: There are just so many things to think about.

Jane: It's not what they taught us in Family Studies class — "when going through a gut wrenching custody battle, know which court you need to apply to."

Christa: I'm trying not to think of it as a battle.

Jane: Sorry. Ted and I actually argued over board games. That was our melting point. Family times ... you just try and hang on to the wrong
things.

Christa: Yeah. I'm scared, Jane.

Jane: Hey, that's why I'm here. I can walk you through the whole thing. Christa, it's going to be okay.

Christa: I've never even had a parking ticket. I don't know the first thing about going to court.

Jane: Well I can tell you all about Provincial Court. Supreme Court, I'm not too sure of.

Christa: What do you think the differences could be?

[Jane turns to her laptop. She sips her coffee.]

Jane: Maybe The Supremes has Motown music.

Christa: Supremes … don't make me laugh, Jane, this is difficult stuff.

Jane: I know. You get so scared of the unknown — you forget what you do know. You know what matters; you're a great mom.

Christa: Thanks. Really, thanks.

[Jane gives a friendly nod, and turns to look at her laptop.]

Jane: Here we go. Supreme Court vs. Provincial Court.

Christa: Where are you finding this?

Jane: The Legal Services Society family law website. It looks like Supreme Court is more expensive.

Christa: And Provincial Court?

Jane: Going to court is going to cost you, but everything is easier in Provincial Court, except that you can't get a divorce there. Provincial Court doesn't have filing fees. And if you have property to divide or you need a divorce, you have to go to Supreme Court.

Christa: I can't believe I'm looking at what court to go to — it's not what you're thinking about when you're picking your wedding gown.

Jane: Look Christa, I know you. You're avoiding the issue. You are going to court. We just have to figure out which one.

Jane: Let's focus.

[Jane lifts a teddy bear and a doll, "Betty," from the toy box.]

Jane: Teddy is going to Provincial Court.

Christa: Jane!

Jane: There are fewer rules in Provincial Court. There also are more locations; more towns have them.

Christa: Okay, I get that.

Jane: And Betty. She's going to Supreme Court. You can tell. She's all dressed up. It does say that Supreme Court is more formal.

[Jane looks again at the website.]

Christa: That's good to know.

Jane: Now, Betty has property she wants the court to divide and she wants a divorce, so she has to go to Supreme Court. You can't go to Provincial Court for those things.

Christa: But Teddy is a renter. He doesn't have a house.

Jane: That's right. So he is off to Provincial Court.

Christa: Okay…

[Jane looks at the website.]

Jane: There are no filing or trial fees in Provincial Court. There are significant fees to pay in Supreme Court.

Christa: Provincial Court seems to fit my situation.

[Jane turns from the website and picks up the toys again.]

Jane: Both Teddy and Betty, they have custody issues. And Betty's former partner lives outside of BC, so she automatically has to go to Supreme Court.

[Christa pulls out a couple of other figures from the box to represent the children.]

Christa: Do their children have to go to court?

Jane: No, not in Supreme Court; not usually in Provincial Court, either.

Christa: Oh Jane.

[Christa gets up and brings back the coffee pot.]

Jane: Look Christa. I know it's a tough time, but you are going to make this.

[Christa pours them both more coffee.]

Christa: I know.

Jane: So, there is this Family Law website, and there are other places you can go for help. They're listed right here, see? How about family duty counsel? That's a free lawyer you can meet with to get help deciding which court to choose. They can help you fill out forms and explain your options too.

Christa: I'm not getting a divorce, and I'm not dividing up property. So I don't need Supreme Court. But I need to settle custody, access, and child support. So it looks like Provincial Court is the way for me to go.

Jane: See, you are going to make it.

Narrator (voice-over): Deciding which court to choose is an important first step in the legal process. If you do not have property to divide (including pensions or RRSPs) and you are not getting a divorce, you can go to Provincial Court. If you want a divorce or you have any property or pensions to divide, you must go to Supreme Court. Sometimes you may need to go to both courts. Get legal advice as soon as possible. There are important time limits involved that could affect your rights.

This video does not contain all the information you need. See the family law website for more information.

Captions:

www.familylaw.lss.bc.ca

Produced by the Legal Services Society