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Difference between revisions of "Case Conferences in a Family Law Matter"
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Case Conferences in a Family Law Matter (view source)
Revision as of 20:39, 11 June 2019
, 20:39, 11 June 2019→Provincial Court: Family case conferences
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There are two big differences between judicial case conferences in the Supreme Court and family case conferences in the Provincial Court. First, FCCs aren't mandatory and you only get to have an FCC if a judge orders that you have one. Second, the judge at an FCC has the discretion to make orders without the consent of a party. Otherwise FCCs are pretty much just like JCCs. | There are two big differences between judicial case conferences in the Supreme Court and family case conferences in the Provincial Court. First, FCCs aren't mandatory and you only get to have an FCC if a judge orders that you have one. Second, the judge at an FCC has the discretion to make orders without the consent of a party. Otherwise FCCs are pretty much just like JCCs. | ||
===The purposes of family case conferences=== | ===The purposes of family case conferences=== | ||
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Although that last item, "make any other order or give any direction that the judge considers appropriate," sounds pretty all-encompassing and all-powerful, in practice the court rarely makes orders that one or more parties oppose. | Although that last item, "make any other order or give any direction that the judge considers appropriate," sounds pretty all-encompassing and all-powerful, in practice the court rarely makes orders that one or more parties oppose. | ||
===Applying for a family case conference=== | |||
Under [http://canlii.ca/t/85pb Rule 7(1)] of the Provincial Court Family Rules, a judge may order the parties to attend an FCC where the case involves contested claims about guardianship or for parental responsibilities, parenting time or contact. An application for an FCC can be made at a first appearance or at any subsequent appearance, or by Notice of Motion like any other interim application. | |||
It is fairly easy to get an order that an FCC be heard as the court will usually agree that an FCC is a good idea. The court will not be interested in granting an FCC if: | |||
*it's obvious that you've asked for the FCC to obstruct the hearing or trial or an interim application, | |||
*there's already been an FCC heard in your case and there's nothing to suggest that a new FCC will have a better chance of success, or | |||
*there is an urgent reason for the case to head to trial without further delay. | |||
===Scheduling a family case conference=== | |||
FCCs are booked by the judicial case manager, and if you get an order for an FCC, the judge will adjourn your case to the judicial case manager to get a date set up. Like JCCs, it is good idea to pick a date on which everyone is available to attend. | |||
The judicial case manager will fix the date for the FCC on the spot and give you a slip with the date and time on it. | |||
For a summary of how to schedule a case conference, see [[How Do I Schedule a Family Case Conference for Hearing?]] It's located in the ''How Do I?'' part of this resource, in the section Other Litigation Issues. | |||
== Provincial Court: Trial preparation conferences == | == Provincial Court: Trial preparation conferences == | ||
