Parenting is a profound and rewarding journey, but it also comes with its unique challenges and responsibilities. Sometimes, guardians may disagree about certain decisions concerning the best interests of their child or children, which can create a real sense of urgency to have the matter dealt with definitively.
On May 17, 2021, BC’s new Provincial Court Family Rules created a process to deal with urgent family law issues under Form 15, Application About Priority Parenting Matter. In our mind, every decision regarding our children is a priority. However, the Court does not always agree.
What is a Priority Parenting Matter?
“Priority parenting matter” is a newly defined term in the Provincial Court Family Rules, which lists the specific time-sensitive issues that qualify as priority parenting matters. These issues are usually decisions about a child or children, where all guardians are not in agreement, and a court order is needed on the priority parenting matter before any other parenting issues can be addressed because something must be done quickly. These orders are to be used where a delay in obtaining a court’s decision would pose a risk to a child.
It is important to note that the list of issues in the definition of priority parenting matter is a closed list. This means the process and form can only be used to apply for an order for the issues that are specifically listed within the definition of priority parenting matter.
Examples of situations that qualify as a priority parenting matter include:
- An order to dispense with the consent of a guardian for a child to obtain health-related treatments, where delay will result in risk to the health of the child;
- An order to dispense with the consent of a guardian to apply for passports, permit, license, privilege or other thing for the child, if delay will result in the risk of harm to the child’s physical, psychological or emotional safety, security or well-being;
- An order for travel or participation in activity for a child where consent is required and alleged to have been wrongfully denied by a guardian;
- An order for a change in location of a child’s residence that can reasonably be expected to have a significant impact on the child’s relationship with another guardian;
- An order to prevent removal of a child;
- An orders about wrongful removal of a child to BC;
- Interjurisdictional matters; and
- Hague Convention matters (child abduction).
To obtain an order in a situation which qualifies as a priority parenting matter, you need to file an Application About Priority Parenting Matter (Form 15).
Determining if Your Situation is Urgent
You must usually notify the other party that you are applying for a court order. You give notice by having the application documents served on the other party. The time between the day that a party is served and the day that the application is heard is called the “notice period” or “notice.” Normally, the other party must be served with at least seven days’ notice of the court appearance. Under special circumstances, the court can allow an application to be made with less than seven days’ notice or without notice to the other party.
Application with Short Notice
If the situation requires a court order sooner, the court may allow an application about a priority parenting matter to be made with less than seven days’ notice to the other party. Still, notice should be given to the other party.
Application Without Notice
Under special circumstances, the court may allow an application about a priority parenting matter to be made without notice to the other party.
To proceed without notice to the other party, you must satisfy the court that there is a real risk of serious consequences if the other party is given notice before your application is heard. If a judge decides that your situation is urgent and the application can be heard without notice to the other person, the application will be heard right away.
If you need your order in less than 7 days or if there are special circumstances where the application should proceed without notice to the other party, you must complete and file the Application for Case Management Order Without Notice or Attendance (Form 11) along with the priority parenting matter application.
What if it’s Not a Priority Parenting Matter?
Other issues about a child can still be brought to court, but you won’t use the same form or process. Other options = could include:
1. Application about a Family Law Matter (Form 3);
2. Application About a Protection Order (Form 12);
3. Application for Case Management Order (Form 10); or
4. Application for Order Prohibiting the Relocation of a Child (Form 16).
Vancouver Family Lawyers Advising On Priority Parenting Matters
By prioritizing the well-being of children and adhering to these rules and forms, the family lawyers at Meridian Law Group in Vancouver seek to ensure that children’s interests are protected and that fair and just outcomes are achieved in family law proceedings. For more information regarding priority parenting matters, parenting issues, or other family law concerns, contact us at (604) 687-2277 or online.
