Form 35: Family maintenance enforcement order

What orders can Form 35 request?

Rule 142 lists the orders that may be requested, including requiring financial information; addressing a failure to file financial statements; challenging or changing an attachment or certain prior default-hearing orders; addressing corporation or third-party enforcement responsibilities; asking for specific relief about land title registration or certain licence consequences; and seeking a restraining order under section 46 of the Family Maintenance Enforcement Act. A court may also order a Form 36 recognizance following an relevant restraining order. Choose only categories that actually apply to your facts.

Special category: Rule 142(1)(e.1) also includes an application to suspend, change or cancel an order imprisoning a debtor that was made at a hearing held in the debtor’s absence. This is distinct from changing the underlying support order, and the exact statutory test must be checked.

How to prepare and file Form 35

1. Identify the existing case registry, file number and BCFMA reference, if relevant. Review whether you should first contact the BC Family Maintenance Agency.
2. Complete Part 1 with the parties and anyone directly affected. Check the notice requirement in Part 2.
3. Work with the registry on the court appearance details in Part 3; do not invent a hearing date or attendance method.
4. In Part 4, check the specific statutory order or orders sought; do not use the form simply to ask for a lower support amount.
5. In Part 5, provide the relevant facts or choose the supporting-affidavit option and file the affidavit. Attach a prior default-hearing order if the remedy requires one.
6. Provide an accurate address for service in Part 6. File the form and supporting documents, keep court-accepted copies and arrange service.

Who must be served and when?

Rule 142 requires service on each other party and every other person who may be affected at least seven days before the appearance, unless the court orders otherwise. If the support order is filed with the Director of Maintenance Enforcement, the Director must also be served with a copy of the application as the prescribed Form 35 directs. Identify and serve every other directly affected person as well. Rule 144 controls the method of service. A respondent who chooses to reply must attend and may file Form 19 and serve it before the appearance under Rule 142.1.

Form 35 does not replace an application to change support

If you want to vary the amount of a child or spousal support order, follow the appropriate Form 3 family-law application process, or begin with Form 1 where early-resolution rules apply. An enforcement challenge does not suspend a valid order merely because it was filed.

Worked example

Common errors to avoid

Do not file without checking for required supporting orders or affidavits. Do not overlook service of the Director or other directly affected persons. Do not assume every request uses personal service or that there is no deadline to arrange service. Use the official August 2026 Form 35 (PFA754) and recheck the current government library.