How Do I Make an Interim Application in a Family Law Matter in the Provincial Court?

From Clicklaw Wikibooks

When to make an applicationA request to the court that it make an order for a specific remedy or relief usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

You can make an application any time after an Application to Obtain an OrderA legal document required by the Provincial Court Family Rules to bring a court proceeding, which sets out the relief sought by the applicant against the person named as respondent. See "action," "applicant," "pleadings," "relief," and "respondent." has been filed.

If the registryA central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched and reviewed; a courthouse. the actionA court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order. is filed in is a Family Justice Registry, you may have to meet with a family justice counsellor before you can make your application.

Where there is a genuine emergency, however, you can make your application without having to first see the family justice counsellor, and without having to give notice or very much notice to the other side.

How to make an application

The only court form you will need is a Notice of Motion (Form 16). The form is available online. See the Provincial Court Forms section. Your Notice of Motion tells the court the orders that you want the court to make.

You must file your Notice of Motion in the court registryA central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched, and reviewed. where the Application to Obtain an Order was filed. The court registry staff may book a date for the hearingIn law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision" and "evidence." of your application right there or they may want you to go to a first appearance hearing with the other side before booking the date. The hearing date will be written on your Notice of Motion.

You must serve the filed Notice of Motion on the other side at least seven days before the date set for the hearing, along with a copy of any documents you intend to use at the hearing.

The rules

  • Rule 12: How to make an interim applicationAn application, also called in "interlocutory application," made after the start of a court proceeding but before its conclusion, usually for temporary relief pending the final resolution of the proceeding at trial or by settlement. In family law, interim applications are useful to determine issues like where the children will live, who will pay child support and whether spousal support should be paid on a rough and ready basis. See "application" and "interim order."
  • Rule 13: The rule about affidavits
  • Rule 5: The Family Justice Registry rule

For more information

You can find a more complete discussion of the interim application process and the different timelines and deadlines in the chapter Resolving Family Law Problems in Court within the section Interim Applications in Family Matters.


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