Guide To Personal Service in Family Law Matters
We've all seen the courtroom dramas, where a lawyer walks up to someone in the middle of their day and hands them a huge pile of papers, saying "You've been served!" If you’ve ever wondered how you would go about serving someone in real life, keep reading!
Do I need to serve everything in person?
While some documents can be sent in the mail, certain documents must be served in person in both Provincial and Supreme Court. This includes the forms often used to start a court proceeding: a Notice of Family Claim in Supreme Court[1] and an Application About a Family Law Matter in Provincial Court[2]. It also includes documents that seek to change a final order made in court, a summons, documents relating to a contempt of court application, etc.
You can find the full list of documents that require personal service here: Supreme Court Family Rules or Provincial Court Family Rules.
Who can serve the documents?
Note that you CANNOT serve the other party in a family law matter yourself. You will need to have a third party, such as a mutual friend or family member who is 19 years or older, serve them. It is not enough to simply leave them at the door or in the mailbox; whoever is serving the other party must personally hand over the papers.
If no one you know can do this, you might need to hire a process server. Process servers or skip tracers can also help you locate the other party if you don’t know where they live. Depending on where they live and how many attempts it takes to serve them, the cost of hiring a process server can vary and end up being quite expensive. Remember to shop around and ask for quotes before you hire someone.
I don’t know their address… how can I serve them?
Get creative! Maybe you don't know this person's home address, but what about their place of work or their favourite dance studio? Is there a park they always visit or a grocery store they like to frequent? The other party can be served at any of these locations, so try thinking outside the box. That being said, it is also important to be mindful of your surroundings. It might not be the best idea to serve someone in front of their colleagues or in the middle of their community theatre production; that will likely make for a more contentious relationship with the other person going forward.
Proof of Service
Service can be proved in a couple of different ways. If the other party files a response to the document you served, that can count as proof of service. You can also prove service by filling out the appropriate form (an affidavit of personal service[3] or a certificate of service[4], depending on the document served) and filing it with the court.
Limitation Period
Something important to keep in mind during this process is limitation dates. For example, if you filed your NOFC on March 31, 2024, you would have until March 31, 2025, to serve this document on the other party. If you have not successfully served the other party by this date, your claim will expire and you will need to apply for an extension.
All these rules around service seem like just another cumbersome procedural requirement, but the right to know when a case is being brought against you is an essential part of our legal system. Personal service provides certainty that the other party has in fact been notified of the matter and gives them a chance to respond.
[1] Supreme Court Family Rules, BC Reg 169/2009, Rule 6-3(1)(a).
[2] Provincial Court (Family) Rules, BC Reg 417/98, 177(a).
[3] Supreme Court Family Rules, BC Reg 169/2009, Rule 6-6.
[4] Provincial Court (Family) Rules, BC Reg 417/98, 183.
