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

From Clicklaw Wikibooks

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

The person making 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.", the applicantA party who brings an application to the court for a specific order or remedy. Usually refers to the party making an interim application, but in the Provincial Court can mean the person who starts a court proceeding. See also "court proceeding," "application respondent" and "interim application.", must serve you with their Notice of Motion in Form 16 at least seven days before the date of 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.", along with any other documents they will be using at the hearing. The hearing date will usually have been fixed by 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., not by the applicant.

There is no document that you must file to replyIn law, an answer or rebuttal to a claim made or a defence raised by the other party to court proceeding or legal dispute. See "action," "claim," "defence" and "rebut." to the application, although it is possible to respond using the ReplyA legal document required by the Provincial Court Family Rules to respond to a claim made in an applicant's Application to Obtain an Order. See "applicant," "Application to Obtain an Order," "claim," and "Counterclaim." form used to respond to Applications to Obtain an Order. The Reply form is available online. See the Provincial Court Forms section.

Whether you file a Reply or not, you must show up on the date set for the hearing or the court may make the orderA mandatory direction of the court, binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. See "appeal," "consent order," "decision" and "declaration." sought by the applicant. Make sure that you bring any important documents with you that will help at the hearing of the application.

The rules

  • Rule 12: How to make an interim application
  • 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.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Samantha Simpson, June 28, 2017.
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