Tag: legal services society

Justice Access Centres (JACs) – Vancouver, Victoria, Nanaimo

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What can JACs help you with?

Family and civil law issues: separation, divorce, income security, employment, housing and debt.

A range of information and services are available, designed to help you find an early and affordable solution.

If you don’t live in Vancouver, Victoria or Nanaimo, see “How Can I Get in Touch?” at the end of this post for phone numbers you can call for information.

Specific services that JACs offer:

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Get help with and information about court forms, civil legislation, court procedures, mediation, and more.

You can:

  • meet with intake staff who assess your needs;
  • get informed about the Family Law Act, the Divorce Act, and various other civil-related legislation;
  • get informed about the different levels of court and related court procedures;
  • get a referral to a mediator (family justice counsellors and other mediation options), other dispute resolution professionals, legal services and community resources;
  • access Provincial and Supreme Court forms; and
  • get help with court forms and access computers and dedicated staff for assistance in the Self Help Resource Room (In Nanaimo, if you would like self-help assistance, book an appointment with an interviewer in advance. You can also get help with simple forms on the phone.)

Help from Partnering Agencies at some JAC locations:

01_Clicklaw_30pxMediate BC Society:

Practical, accessible, and affordable choices to prevent, manage and resolve non-family civil disputes (any kind of dispute outside of: separation and divorce, personal injury, child protection or criminal matters).

Vancouver and Victoria have an onsite Mediation Advisor who can explore and help connect people to civil mediators; Nanaimo clients are referred to Victoria.

01_Clicklaw_30pxLegal Services Society:

Family Duty Counsel (FDC) and Family Advice Lawyer (FAL) services (Provincial and Supreme Courts) are available for those who are seeking legal advice in relation to family matters and who do not qualify for legal representation through Legal Aid. FDC and FAL can provide advice about:

  • parenting time or contact / access;
  • guardianship / custody, parenting responsibilities;
  • child support;
  • applications, variations of child support, enforcement;
  • tentative settlement agreements;
  • court procedures; and
  • property (limited advice).

Note: FDC/FAL will not take on your whole case or represent you at a trial.

Aboriginal Community Legal Worker services are available in Nanaimo.

01_Clicklaw_30pxFamily Maintenance Enforcement Program (FMEP):

FMEP is a BC Ministry of Justice service that helps families and children entitled to spousal support or child support under a maintenance order or agreement.

The Vancouver JAC has an onsite outreach worker to help with the process, and provides information about enrolment, enforcement or changing an order.

Vancouver and Nanaimo JACs only.
01_Clicklaw_30pxCredit Counselling Society:

Free and confidential help for consumers. A Counsellor will review your monthly budget, including: income, expenses and debt payments, and can provide information and guidance to help you make informed, financial decisions.

Vancouver JAC only.

01_Clicklaw_30pxAccess Pro Bono (APB):

APB offers a number of programs which are offered onsite at the JAC (by appointment only, see contact info at end of post):

  • Legal Advice Clinic – Volunteer lawyers provide 30 minute free legal advice appointments for civil and family law issues. Call for financial criteria.
  • Wills Clinic Program – In partnership with the federal Department of Justice and the Provincial Ministry of Justice, APB operates a Wills clinic for low-income seniors (ages 55+) and people with terminal illnesses.
  • Court Form Preparation Clinic (Paralegal Program) – Vancouver JAC only. In partnership with Amici Curiae; support for self-represented litigants who need assistance in preparing BC Supreme Court, BC Court of Appeal, and BC Human Rights Tribunal documents.

How can I get in touch?

  • The Self Help Resource Rooms are in-person ONLY (no telephone assistance).
  • Reception and Intake Services can be reached by phone or drop-in.
jac_vancouverVancouver JAC

Located at the Vancouver Provincial Courthouse, #290-800 Hornby Street.

Hours are M-F, 8am-5pm, extended hours until 7pm on Wednesday by appointment, until 5:15pm on Tuesdays and Thursdays. Self-Help Resource room is open 8:30-4pm.

Call 604.660.2084 or toll-free at 1-800-663-7867 and ask to be connected to 604.660.2084. The centre serves Vancouver and the Lower Mainland. If you can’t travel to the centre, call for information.

jac_victoriaVictoria JAC

Located at 225 – 850 Burdett Avenue.

Hours are M-F 8am-5:30pm, extended hours until 6:30 on Thursday. Self-Help Resource Room is open 9-4pm.

Call 250.356.7012 or toll-free at 1-800-663-7867 and ask to be connected to 250.356.7012. The centre serves Victoria and the surrounding south Vancouver Island and Gulf Island communities. If you can’t travel to the centre, call for information.

jac_nanaimoNanaimo JAC

Located at 302 – 65 Front St.

Hours are M-F 8-5:30pm, with extended hours on Wednesday until 7pm by appointment only.

Call 250 741-5447 or 1-800-578-8511. The centre serves Nanaimo and the surrounding mid-Island communities. If you can’t travel to the centre, call for information.

Note: JACs are not able to provide support or services for criminal issues, small claims court forms and filings, and some other specific legal solutions.

Get informed with JACs:

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Image credit to Freepik.com

An Introduction to BC Provincial Court Family Orders

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This doesn’t need to be you.

In Provincial Court, you can get orders for: guardianship, parenting arrangements, child/spousal support, protection, and more.

See this page for general information and more resources on the BC Provincial Family Court process.

What is a court order?

An order is a statement of the court’s decision. It sets out what you and the other party (for example, you and your ex-spouse) must do.

Court orders must be prepared and filed, or “entered” into the Provincial Court Registry (click for locations).

Read the Legal Services Society (LSS) resource, “All about court orders” for more information about what kinds of court orders you can get, as well as options to pursue before the court makes a final order, to try and resolve as much of your case as possible without a formal court hearing.

Can I get a court order without a lawyer?

Yes.

If you and the other party agree about what you want the court to order, you can apply for what’s called a “consent order” and may be able to get it without attending court.

  1. If you have a lawyer, your lawyer will have the order typed and submit it to the Court. If you don’t have a lawyer, the other party’s lawyer will do this, but you should see a lawyer yourself to review the proposed order before you sign a document showing you consent to the order.
    • Click here to see where to find free or low cost legal advice on family law matters.
    2. Family Justice Counsellors can also help you with family orders.
    Family Justice Counsellors can help you with consent orders.
  2. If you don’t have a lawyer, another direct way to get a consent order is to meet with a Family Justice Counsellor (FJC) who can help you obtain or change an order in Family Court. FJCs work at Family Justice Centres located across BC; they provide free services for people of modest means. FJCs are specially trained to support families to reach agreement on issues of guardianship, parenting arrangements (including parental responsibilities and parenting time), contact and support. They can help you obtain or change an order in Family Court; including preparing the consent order and submitting it to the Court for you. They can also provide information and referrals, short-term counselling, mediation, help with various court forms, and more. In some communities, couples who separate must meet with a FJC before they are given a date to appear in court.
  3. As a last resort, if you cannot meet with a Family Justice Counsellor or get help from a lawyer, it is possible to prepare a consent order yourself. This LSS Resource with Tips on how to draft a consent order contains links to the BC Provincial Court’s website, where you can access a “Picklist” WORDdoc including standard Family Law Act (FLA) terms to help you draft the order. (To “draft” an order means to choose the wording and type it. See also: What does the FLA deal with?) However, both parties should talk to a lawyer to make sure they understand what they’re agreeing to before signing their consent.
    • “How to get a final family order in Provincial Court” explains what to do once you draft a consent order. If a judge approves your order, you won’t have to appear in a court room. However, if there are problems in the wording you choose or the information you provide, you may have to attend court to give the judge more information. This is why it’s so helpful to have a FJC or lawyer prepare and submit a consent order for you.

If, however, you and the other party ultimately don’t agree, you’ll go to court and the judge will make an order:

When?

  • If both parties agree by the time you get to court you can ask the judge to make a consent order on the day of your first court appearance.
  • When you go to court, you can ask for a case conference where you and the other party will meet with a judge to discuss the issues. If you agree during the case conference, the judge can make a consent order there.
  • Your matter can be set for a hearing or trial or an interim application. The judge will make an order after considering evidence and submissions.

Who does the drafting in this case?

  • This does not mean that the judge types up the order that is filed at the registry. The Rules require the successful party’s lawyer to do that.
    • However, if you are successful and do not have a lawyer, the court clerk (registry staff) prepares the order unless the judge orders otherwise. For example, if the unsuccessful party has a lawyer, the judge may ask that lawyer to draft the order.
    • If the other party’s lawyer will be preparing an order, ask the judge to permit you to approve its wording before the lawyer sends it to the Court.
  • Whether an order is submitted by a lawyer or prepared by the court registry, it will be checked by court staff and/or the judge to ensure it reflects what the judge said in court.

How should the court order be drafted, and why?

The order should clearly and precisely reflect the court’s decision. It should state who does what, to whom, when, and in some cases where or for how long.

It should be understandable even by someone who is unfamiliar with the case. This is because the court’s orders may need to be enforced by people who were not involved in the case.

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Use the Picklists provided by the BC Provincial Court to draft better family orders.

Poor Example of a term in an order:

John Smith will pay child support of $800 a month.

  • There would be problems enforcing this order if John did not pay. It doesn’t say who he must pay or when, among other details missing.

Better Example of a term in an order:

John Smith will pay to Jane Smith the sum of $800 per month for the support of the children, May Smith born June 1, 2011 and Lee Smith born July 3, 2012, commencing on October 1st 2015 and continuing on the first day of each and every month thereafter, for as long as the children are eligible for support under the Family Law Act or until further Court order.

  • This wording from the “Picklist” on the Provincial Court website makes it clear who does what to whom, when, when the obligation starts, and when it ends. Use the standard wording of Family Law Act terms provided in the BC Provincial Court Picklists whenever possible; this also helps with faster processing at the Registry: Click here for the Picklist Word Doc.

If a lawyer is involved, they will use their notes of what the judge said to draft the order. If the judge gives written reasons for judgment after trial, the order will be prepared based on these written reasons – you can also order clerk’s notes or a transcript of the proceeding, although this can take some time and is expensive.

The order can be in the following forms (Click here to access forms):

  • Form 20 for consent orders (see what else you need to file – special requirements for applications of guardianship of children and child support),
  • Form 25 for protection orders;
  • Form 25.1 for restraining orders; and
  • Form 26 for all other orders.

Click for links to all the resources