Form 34: Summons to a Committal Hearing

What triggers a committal hearing?

Rule 140(1)(e) permits a Form 30 request for a Form 34 summons under section 23 of the Family Maintenance Enforcement Act when a debtor fails to pay the amount required by a prior default-hearing order within the specified time. This differs from a first missed support payment. The issued Form 34 tells the debtor to attend court and explain why imprisonment should not be ordered for disobeying the previous court order. It requires an attached statement of the order not obeyed.

What the court-issued summons shows

1. The case name, registry file details and BCFMA case ID where relevant.
2. The debtor's identifying details and contact information.
3. Read the attached Statement describing the order the debtor is said to have disobeyed; the prescribed Form 34 calls for that statement, and it must not be replaced with an unsupported summary.
4. The exact date, time and court appearance location.
5. A judge or justice's issuing signature; an applicant cannot authorize committal or detention by completing a private form.

Service before the hearing

Rule 144(1) requires personal service of a summons to a committal hearing by an adult who is not a party, subject to relevant court directions. The Form 30 / Rule 140 enforcement route also requires attention to the service package and the seven-day lead time under Rule 140(2), unless an authorized alternative applies. Because potential liberty interests are involved, do not assume ordinary email or mail is sufficient without checking the actual direction and governing rule.

If you receive Form 34

Do not ignore it. Gather the previous order, payment records, communications about compliance, evidence of ability or inability to pay, and any circumstances that explain your conduct. Seek legal advice quickly. The official form warns that a person who fails to attend may be arrested and brought to court; that is different from the court having decided already to imprison them.

Worked example

Important distinctions

A Form 34 committal summons is distinct from a Form 33 default-hearing summons, a Form 32 arrest warrant, and a final imprisonment order. The judge determines any remedy under the statute and evidence, including procedural protections; do not state that all missed support payments lead to prison.