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Difference between revisions of "Resolving Family Law Problems in Court"
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Resolving Family Law Problems in Court (view source)
Revision as of 01:54, 18 March 2013
, 01:54, 18 March 2013→An Overview of Court Procedure for Civil Claims
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<blockquote>'''Each party is examined out of court.''' After the documents have been exchanged, in Supreme Court proceedings each party will schedule an examination of the other party. An examination is an opportunity to ask questions about the facts and the issues out of court so that everyone knows the evidence that will be given at the trial. This is also an opportunity to ask for more documents.</blockquote> | <blockquote>'''Each party is examined out of court.''' After the documents have been exchanged, in Supreme Court proceedings each party will schedule an examination of the other party. An examination is an opportunity to ask questions about the facts and the issues out of court so that everyone knows the evidence that will be given at the trial. This is also an opportunity to ask for more documents.</blockquote> | ||
<blockquote>'''Go to trial.''' Assuming that settlement isn't possible, the only way to resolve the problem is to have a trial. At the trial, each of the parties will present their evidence and explain to the judge why he or she should make the orders asked for. The judge may make a decision resolving the decision on the spot; most often, however, the judge will want to think about the evidence and the parties' arguments and will make | <blockquote>'''Go to trial.''' Assuming that settlement isn't possible, the only way to resolve the problem is to have a trial. At the trial, each of the parties will present their evidence and explain to the judge why he or she should make the orders asked for. The judge may make a decision resolving the decision on the spot; most often, however, the judge will want to think about the evidence and the parties' arguments and will make a written decision later.</blockquote> | ||
And that's pretty much it. | And that's pretty much it. | ||
While working through this process, it is sometimes important to ask for ''interim orders''. These are temporary orders that are meant to get a court proceeding through to a trial or to take care of a short term need. In a case involving a car accident, for example, an interim order might be needed to make someone submit to an examination by a doctor or to make someone produce financial information. In family law cases, people often ask for interim orders to deal with the payment child support or spousal support, determine how the children will be cared, or protect property or a person. | While working through this process, it is sometimes important to ask for ''interim orders''. These are temporary orders that are meant to get a court proceeding through to a trial or to take care of a short term need. In a case involving a car accident, for example, an interim order might be needed to make someone submit to an examination by a doctor or to make someone produce financial information. In family law cases, people often ask for interim orders to deal with the payment of child support or spousal support, to determine how the children will be cared for, or to protect property or a person. | ||
The process for interim orders is a miniature version of the larger process for getting a claim to trial. | The process for interim orders is a miniature version of the larger process for getting a claim to trial. | ||
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<blockquote>'''Go to hearing.''' Assuming that settlement isn't possible, the only way to resolve the application is to have a hearing. At the hearing, each of the parties will present the evidence set out in his or her affidavits and explain to the judge why he or she should make the orders asked for. Most of the time the judge will make a decision resolving the decision on the spot; sometimes, however, the judge will want to think about the evidence and the parties' arguments and will make give a written decision later.</blockquote> | <blockquote>'''Go to hearing.''' Assuming that settlement isn't possible, the only way to resolve the application is to have a hearing. At the hearing, each of the parties will present the evidence set out in his or her affidavits and explain to the judge why he or she should make the orders asked for. Most of the time the judge will make a decision resolving the decision on the spot; sometimes, however, the judge will want to think about the evidence and the parties' arguments and will make give a written decision later.</blockquote> | ||
There are lots of details I've skipped over, including about important things like experts, case conferences and the rules of evidence, but this about it. These details are governed by each court's set of rules. The rules of court are very important! | There are lots of details I've skipped over, including details about important things like experts, case conferences and the rules of evidence, but this about it. These details are governed by each court's set of rules. The rules of court are very important! | ||
You can probably guess that this can be a long and involved process, and that if you have a lawyer representing you, it'll cost a lot of money to wrap everything up. In the Lower Mainland, for example, it can be possible to get trial dates for short family law trials in as little as six months, but most of the time it takes a year or more to get from the start of a proceeding to trial. | You can probably guess that this can be a long and involved process, and that if you have a lawyer representing you, it'll cost a lot of money to wrap everything up. In the Lower Mainland, for example, it can be possible to get trial dates for short family law trials in as little as six months, but most of the time it takes a year or more to get from the start of a proceeding to trial. | ||
