Form 50: Notice of Discontinuance
Use Form 50 to tell the court and the other side that you are stopping all or part of an application or reply you made.
To discontinue all or part of your own claim or reply, file Form 50 and serve every other party before the earlier of 14 days after filing or the next scheduled court appearance. Different restrictions apply depending on the trial schedule.
What does Form 50 stop?
Rule 191 lets a party discontinue all or part of an application about a family law matter, a reply or a reply to counter application made by that same party. Discontinuing your application does not automatically discontinue another party’s application or counter-application. Form 50 is also not a way to cancel an existing order or unilaterally end a separate protection-order proceeding.
How to file and serve Form 50
- Identify the document you filed, and whether you intend to discontinue all of it or only specified parts.
- Check whether a trial preparation conference or trial date has already been set; additional consent or permission may be required.
- Complete the current Form 50 with registry details, case number, parties and the precise portion being discontinued.
- File the notice in the registry for the existing case.
- Serve the notice on each other party before whichever comes first: 14 days after filing, or the next scheduled court appearance. Keep proof of service.
- If an appearance is already booked, confirm the registry’s position; do not assume filing the notice cancels attendance or any other party’s claims.
Restrictions close to trial
If a trial preparation conference is scheduled, you may file before that conference; after it, you need the other parties’ consent or the court’s permission. If no trial preparation conference is scheduled, you may file at least 30 days before the scheduled trial; with less than 30 days remaining you need consent of the other parties or court permission. These are filing conditions separate from the service deadline.
Can you bring the claim again?
Rule 191(6) generally does not prevent a new application about the same family-law matter after discontinuance, but limitation periods still apply and a judge may order otherwise. Do not assume withdrawing a support or property claim preserves a deadline indefinitely.
Practical example
A parent filed an application addressing parenting and support, but decides to withdraw only their own support request. They specify that part in Form 50, check for upcoming conferences and the trial schedule, file it and serve the other party by the earlier of the two service deadlines. The other party’s independent request remains in place.
Common mistakes
- Assuming the opposing party’s counter-application disappears too.
- Using a simple 14-day service rule without checking whether court is sooner.
- Discontinuing after a trial preparation conference without required consent or permission.
- Assuming discontinuance erases orders already made.
Official sources
- BC government Form 50 (PDF)
- BC Provincial Court Family Rules — Rule 191
- BC government Provincial Court family forms library
Primary-source review: October 13, 2026. Limited to the form and stated procedural requirements, not a certification of every circumstance or future amendment.