William Stowe, George T Sleeper
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To make any other type of application, see rule 12.] (3) A respondent who has not filed a reply is not entitled to receive notice of any part of the proceedings under these rules, including, without limitation, any court appearance, hearing, conference or trial. (4) Within 21 days after a reply is filed in a registry, the clerk must serve on the applicant a filed copy of the reply and any documents filed by the respondent under subrule (1) (c). (5) If the reply includes a counterclaim under subrule (2) (c) or (d), the applicant must, within 30 days after being served with a copy of the reply, (a) complete a reply in Form 3, following the instructions on the form, (b) file that reply, together with 3 copies of it, in the registry where the application under rule 2 was filed, and (c) serve on the respondent a filed copy of that reply and, if applicable and only if the applicant has not already done so, serve with that reply a filed copy of the applicant's financial statement and applicable documentation referred to in rule 4 (2) (b). (1) Subrule (2) applies to the following persons: (a) a person who applies, in Form 1 or 3, for a spousal or parental maintenance order or who is responding to such an application; (b) a person who applies, in Form 2 or 3, for variation of a spousal or parental maintenance order or who is responding to such an application; (c) a person who applies, in Form 1 or 3, for a child maintenance order and who is required under the Child Support Guidelines Regulation to provide income information; (d) a person who is responding to an application for a child maintenance order; (e) a person who applies, in Form 2 or 3, for variation of a child maintenance order and who is required under the Child Support Guidelines Regulation to provide income information; (f) a person who is responding to an application for variation of a child maintenance order and who is required under the Child Support Guidelines Regulation to provide income information; (g) a person who applies, in Form 2 or 3, for cancellation or reduction of arrears under a maintenance order. (a) complete a financial statement in Form 4, following the instructions on the financial statement, and (b) when filing the application or the reply, as the case may be, file with the registry the original and 3 copies of that financial statement and any applicable documentation described in Form 4 or required under the Child Support Guidelines Regulation. (a) the parties have agreed on the amount of child maintenance to be paid and on the annual income of each party who would otherwise be required to provide income information under that regulation, (b) the parties have signed a consent in Form 19 respecting that agreement, and (c) the consent, together with a copy of the most recent income tax return of each party who would otherwise be required to provide income information under that regulation and a copy of that person's most recent income tax notice of assessment or reassessment, have been filed in the registry. [If the parties wish to file an application for an order that the parties consent to, see rule 14.] (a) the application is filed in a family justice registry, or (b) the court file for the proceedings is transferred under rule 19 to a family justice registry. *[Rule 2 is about applications for custody, access, guardianship, maintenance, restraining orders, orders prohibiting interference with a child and applications to change or cancel existing orders or agreements filed under the Family Relations Act.] (a) does not apply to the proceedings referred to in subrule (1) if the only applications in the matter concern maintenance and there has been an assignment of maintenance rights under the BC Benefits (Income Assistance) Act, the BC Benefits (Youth Works) Act or the Disability Benefits Program Act, and (b) ceases to apply to the proceedings referred to in subrule (1) if the court file for the proceedings is transferred under rule 19 to a registry that is not a family justice registry. (3) Before setting a date for the parties' first appearance before a judge, a clerk must refer the applicant and each respondent who has filed a reply to a family justice counsellor. [For exemption from this subrule in urgent and special circumstances, see subrule (8).] (4) To assist the parties in resolving any part of their dispute, each party must meet with the family justice counsellor and may seek referral from the family justice counsellor to one or more of the following persons, programs or services: (a) a person designated by the Attorney General to provide specialized maintenance assistance; (b) a program, approved by the Attorney General, designed to help parties identify and consider post-separation issues involving children; (c) mediation with a family justice counsellor; (d) mediation with a private mediator; (e) any other service or agency that may assist the parties. (5) At any time after meeting with the family justice counsellor, a party may do any of the following: (a) ask to appear before a judge on one or more issues in the case by filing in the registry a referral request in Form 6; (b) seek a consent order under rule 14. (6) On receiving a referral request in Form 6, the clerk must serve the parties with notice of the time and place at which they must attend before a judge. (b) require the parties to attend, or continue their attendance with, one or more of the persons or programs referred to in subrule (4) (a) to (c) of this rule. (8) If, at any time in the course of the proceedings, (b) a judge is satisfied on application by a party that urgent and exceptional circumstances exist requiring a judge to hear the matter at the earliest opportunity, the judge may do one or more of the following: (c) dispense with or defer compliance with all or any part of this rule if the judge considers it necessary; (d) order that subrule (3) does not apply and that the matter be referred to a judge for hearing at the earliest opportunity; (e) make any order or give any directions that the judge considers appropriate. *[Section 37 of the Family Relations Act concerns orders restraining one person from harassing another person or a child of the other person.