Difference between revisions of "Case Conferences in a Family Law Matter"
Jump to navigation
Jump to search
Nate Russell (talk | contribs) |
Nate Russell (talk | contribs) |
||
| Line 18: | Line 18: | ||
*Preparing for and Going to Trial in Provincial Court: [[Preparing for and Going to Trial in Provincial Court#Attend a trial preparation conference (TPC)|Attend a trial preparation conference]]. | *Preparing for and Going to Trial in Provincial Court: [[Preparing for and Going to Trial in Provincial Court#Attend a trial preparation conference (TPC)|Attend a trial preparation conference]]. | ||
==Supreme Court: | ==Supreme Court: Judicial case conferences== | ||
Judicial case conferences in the Supreme Court, usually referred to as JCCs, are relatively informal, off-the-record, private meetings between the parties, their lawyers, and a master or judge in a courtroom. JCCs must be held in all contested family law court proceedings, and, in most cases, they must be held before any interim applications can be heard. (Exceptions to this rule are found at Rule 7-1(3) of the of the Supreme Court Family Rules.) | Judicial case conferences in the Supreme Court, usually referred to as JCCs, are relatively informal, off-the-record, private meetings between the parties, their lawyers, and a master or judge in a courtroom. JCCs must be held in all contested family law court proceedings, and, in most cases, they must be held before any interim applications can be heard. (Exceptions to this rule are found at Rule 7-1(3) of the of the Supreme Court Family Rules.) | ||
| Line 110: | Line 110: | ||
In other words, if your application is urgent you can ask for permission to have your application heard before the first JCC. If your application falls into one of the exceptions set out in Rule 7-1(3), you don't need the court's permission. If your application doesn't fall into either category, you've got little choice but to have a JCC before you can bring your application. | In other words, if your application is urgent you can ask for permission to have your application heard before the first JCC. If your application falls into one of the exceptions set out in Rule 7-1(3), you don't need the court's permission. If your application doesn't fall into either category, you've got little choice but to have a JCC before you can bring your application. | ||
Applications to be exempt from the JCC requirement are made by filing a special form without an appearance in court (see [[Form F17 Requisition (General)]], but be sure to use the version that refers to ''Schedule A'' of the Supreme Court's Family Practice Direction | Applications to be exempt from the JCC requirement are made by filing a special form without an appearance in court (see [[Form F17 Requisition (General)]], but be sure to use the version that refers to ''Schedule A'' of the Supreme Court's [https://www.bccourts.ca/supreme_court/practice_and_procedure/practice_directions/family/FPD-13-Applications_Made_by_Requisition_Supported_by-Letter.pdf Family Practice Direction 13]). | ||
== Supreme Court: | == Supreme Court: Settlement conferences == | ||
Settlement conferences are available in the Supreme Court at the request of both parties. They are usually not mandatory, but can be ordered by a judge or master. They are relatively informal, off-the-record, private meetings between the parties, their lawyers, and a master or judge in a courtroom for the purpose of exploring all possibilities of settlement (See Rule 7-2 of the of the Supreme Court Family Rules). | Settlement conferences are available in the Supreme Court at the request of both parties. They are usually not mandatory, but can be ordered by a judge or master. They are relatively informal, off-the-record, private meetings between the parties, their lawyers, and a master or judge in a courtroom for the purpose of exploring all possibilities of settlement (See Rule 7-2 of the of the Supreme Court Family Rules). | ||
| Line 136: | Line 136: | ||
To set a date for a settlement conference, you will then need to contact the court registry and get their available dates. You will then need to communicate with the other party to select a date that you are both available for. | To set a date for a settlement conference, you will then need to contact the court registry and get their available dates. You will then need to communicate with the other party to select a date that you are both available for. | ||
Once you have an agreeable date, call the registry back and tell them which date you've picked. You will then need to fill out and file a Requisition in [[Form F17 Requisition (General)|Form F17]] setting that date. There is no filing fee charged to schedule a settlement conference. You must then serve a copy of your filed Requisition on the other side by ordinary service | Once you have an agreeable date, call the registry back and tell them which date you've picked. You will then need to fill out and file a Requisition in [[Form F17 Requisition (General)|Form F17]] setting that date. There is no filing fee charged to schedule a settlement conference. You must then serve a copy of your filed Requisition on the other side by ordinary service. | ||
== Supreme Court: Trial management conferences == | == Supreme Court: Trial management conferences == | ||
Parties heading to trial are required to schedule and attend a trial management conference (unless the party has a lawyer in which case the party does not have to attend as long as they are available by telephone to speak with their lawyer if instructions are needed during the TMC). The trial management conference is a meeting with a judge or a master to discuss how the trial will proceed and what, if any, additional steps must be taken to ready the parties for trial. | Parties heading to trial are required to schedule and attend a trial management conference (unless the party has a lawyer, in which case the party does not have to attend as long as they are available by telephone to speak with their lawyer if instructions are needed during the TMC). The trial management conference is a meeting with a judge or a master to discuss how the trial will proceed and what, if any, additional steps must be taken to ready the parties for trial. | ||
More information about trial management conferences can be found later in this section: Preparing for and Going to Trial in Supreme Court: [[Preparing for and Going to Trial in Supreme Court#Schedule and attend a trial management conference|Schedule and attend a trial management conference]]. | More information about trial management conferences can be found later in this section: Preparing for and Going to Trial in Supreme Court: [[Preparing for and Going to Trial in Supreme Court#Schedule and attend a trial management conference|Schedule and attend a trial management conference]]. | ||
| Line 146: | Line 146: | ||
==Provincial Court: Family case conferences== | ==Provincial Court: Family case conferences== | ||
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 | 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 a FCC if a judge orders that you have one. Second, the judge at a 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=== | ||
The primary purpose of | The primary purpose of a FCC is to reach a settlement of any disputed parenting issues. Although [http://canlii.ca/t/85pb Rule 7] limits the FCC to parenting issues, this Rule doesn't say that nothing else can be discussed. The judge may be prepared to deal with support issues at a FCC as well. | ||
FCCs are relatively informal affairs, and most of the time everyone sits at a large table with the judge who is hearing the FCC. FCCs are private | FCCs are relatively informal affairs, and most of the time everyone sits at a large table with the judge who is hearing the FCC. FCCs are private. Under Rule 7(2), only the parties and their lawyers are allowed to be there. Under Rule 7(3), the judge may give permission for other people, including the parties' child, to attend. FCCs are held on an off-the-record basis, so that nothing said in the FCC can be used against anyone later on. | ||
Although different judges will handle FCCs in different ways, most of the time the judge will <span class="noglossary">act</span> like a mediator. Some judges will handle the FCC in a reserved, judicious manner. Others are more hands-on and will do everything they can to help the parties settle their issues, including: | Although different judges will handle FCCs in different ways, most of the time the judge will <span class="noglossary">act</span> like a mediator. Some judges will handle the FCC in a reserved, judicious manner. Others are more hands-on and will do everything they can to help the parties settle their issues, including: | ||
| Line 166: | Line 166: | ||
At the FCC, each side will have the opportunity to tell their story and explain why they want what they're asking for. Most of the time, the lawyers for each party will state their understanding of the facts and why their clients should have what they're looking for, and the clients will be asked if they have anything to add. FCCs often work best when the parties are able to voice their own views and concerns freely. | At the FCC, each side will have the opportunity to tell their story and explain why they want what they're asking for. Most of the time, the lawyers for each party will state their understanding of the facts and why their clients should have what they're looking for, and the clients will be asked if they have anything to add. FCCs often work best when the parties are able to voice their own views and concerns freely. | ||
Cases often settle at FCCs. | Cases often settle at FCCs. If you don't have a lawyer, and in order to maximize the chances of settlement, it is critical that you get proper legal advice about your situation and options before you go to the FCC. If you do have a lawyer, you should speak to them about the range of potential results, areas where you might want to compromise your position, options for settlement, and the likely cost of proceeding to trial. | ||
===Potential outcomes=== | ===Potential outcomes=== | ||
| Line 195: | Line 195: | ||
===Applying for a family case conference=== | ===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 | Under [http://canlii.ca/t/85pb Rule 7(1)] of the Provincial Court Family Rules, a judge may order the parties to attend a FCC where the case involves contested claims about guardianship or for parental responsibilities, parenting time, or contact. An application for a 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 | It is fairly easy to get an order that a FCC be heard, as the court will usually agree that a FCC is a good idea. The court will not be interested in granting a FCC if: | ||
*it's obvious that you've asked for the FCC to obstruct the hearing or trial or an interim application, | *it's obvious that you've asked for the FCC to obstruct the hearing or trial or an interim application, | ||
*there's already been | *there's already been a 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. | *there is an urgent reason for the case to head to trial without further delay. | ||
===Scheduling a family case conference=== | ===Scheduling a family case conference=== | ||
FCCs are booked by the judicial case manager, and if you get an order for | FCCs are booked by the judicial case manager, and if you get an order for a FCC, the judge will adjourn your case to the judicial case manager to get a date set up. Like JCCs, it is a 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. | 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 | 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. | ||
== Provincial Court: Trial preparation conferences == | == Provincial Court: Trial preparation conferences == | ||
Parties heading to trial are usually required to attend a trial preparation conference, except if a party has a lawyer in which case the party does not have to attend as long as they are available by telephone to speak with their lawyer if instructions are needed during the TPC) . The trial preparation conference is a short court hearing with a judge discuss how the trial will proceed and what, if any, additional steps must be taken to ready the parties for trial. | Parties heading to trial are usually required to attend a trial preparation conference, except if a party has a lawyer, in which case the party does not have to attend (as long as they are available by telephone to speak with their lawyer if instructions are needed during the TPC). The trial preparation conference is a short court hearing with a judge to discuss how the trial will proceed and what, if any, additional steps must be taken to ready the parties for trial. | ||
More information about trial preparation conferences can be found later in this chapter | More information about trial preparation conferences can be found later in this chapter, under [[Preparing for and Going to Trial in Provincial Court]]. | ||
==Resources and links== | ==Resources and links== | ||
| Line 230: | Line 230: | ||
* [http://www.provincialcourt.bc.ca/types-of-cases/family-matters/chief-judge-practice-directions Provincial Court Family Practice Directions] | * [http://www.provincialcourt.bc.ca/types-of-cases/family-matters/chief-judge-practice-directions Provincial Court Family Practice Directions] | ||
* [http://www. | * [http://www.bccourts.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx Supreme Court Family Practice Directions] | ||
* [http://www. | * [http://www.bccourts.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Supreme Court Administrative Notices] | ||
* [http://www. | * [http://www.bccourts.ca/supreme_court/scheduling/ Supreme Court Trial Scheduling] | ||
===Links=== | ===Links=== | ||
* [http://www.provincialcourt.bc.ca/ Provincial Court website] | * [http://www.provincialcourt.bc.ca/ Provincial Court website] | ||
*[ | *[https://www.bccourts.ca/supreme_court/practice_and_procedure/practice_directions/family/FPD-13-Applications_Made_by_Requisition_Supported_by-Letter.pdf Family Practice Direction 13] | ||
* [http://www.bccourts.ca/supreme_court/practice_and_procedure/practice_directions/family/FPD%20-%2012%20-%20Judicial%20Case%20Conferences%20-%20Litigants'%20Guide%20to%20Judicial%20Case%20Conferences.pdf Supreme Court website: Litigants' Guide to Judicial Case Conferences] | |||
* [http://www.clicklaw.bc.ca/resource/1636 Legal Services Society: Judicial Case Conferences in Supreme Court] | * [http://www.clicklaw.bc.ca/resource/1636 Legal Services Society: Judicial Case Conferences in Supreme Court] | ||
* [http://www.clicklaw.bc.ca/resource/2279 Legal Services Society: How to deal with a JCC] | * [http://www.clicklaw.bc.ca/resource/2279 Legal Services Society: How to deal with a JCC] | ||