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Difference between revisions of "Applying for an Interim Order in a Family Law Case in Supreme Court"
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Applying for an Interim Order in a Family Law Case in Supreme Court (view source)
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This script explains why | This script explains why people may need an interim order in a family law case in the British Columbia Supreme Court, how to apply for an interim order, and what to do before the hearing. The reference to "applicant" in this script apply to a party asking for a court order. | ||
== | At the end of the script, other information sources with much more detail are listed, including where to get the Supreme Court Rules and Forms. | ||
People involved in a family law case will often need an “interim order” after the case has begun but before it has wrapped up. Interim orders are temporary orders that are only meant to last until another interim order is made, or until the case is resolved with a final order or a settlement. Interim orders can deal with urgent problems that can’t wait, such as stopping someone from disposing of property or stopping the | |||
==What is an interim order in a family law case in the Supreme Court?== | |||
People involved in a family law case will often need an “interim order” after the case has begun but before it has wrapped up. Interim orders are temporary orders that are only meant to last until another interim order is made, or until the case is resolved with a final order or a settlement. Interim orders can deal with urgent problems that can’t wait, such as stopping someone from disposing of property or stopping the child from being taken out of town, or they can deal with questions about how the family will function until the case is resolved, such as where the child will live, whether support should be paid and if so to whom and in what amount. | |||
==Applying for an interim order== | ==Applying for an interim order== | ||
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==Picking the hearing date== | ==Picking the hearing date== | ||
The applicant must set the date when the application will be heard in the Notice of Application. Except for urgent applications, the very soonest an application can be heard is eight business days (business days are days then court is open for business, and don’t include weekends and holidays) from the date the application materials are sent to the application respondent. The applicant gets to pick the day of the hearing unless the hearing will take two hours or longer, in which case the applicant must schedule the hearing date with the court registry staff. Even if the application will take less than two hours, the applicant should contact the court registry to find out whether the day she or he has picked is a day when interim applications in family law matters are heard. Some court registries only have family law chambers on certain days. | |||
==Responding to the application== | ==Responding to the application== | ||
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By 4:00 p.m. on the business day that is one business day before the hearing date, the applicant must: file any reply affidavits in court and serve them on the application respondent; prepare the Application Record and file it in court; and, serve a copy of the Application Record index on the application respondent. | By 4:00 p.m. on the business day that is one business day before the hearing date, the applicant must: file any reply affidavits in court and serve them on the application respondent; prepare the Application Record and file it in court; and, serve a copy of the Application Record index on the application respondent. | ||
The applicant should check in with the court clerk by 9:45 a.m. on the day of the hearing. When the application is called, the judge or master will listen to each party explain why the orders sought by the applicant should or shouldn’t be made. The judge or master will make a decision that will be prepared as a written order and filed in court. | |||
The interim order is in force from the moment of the judge or master’s decision and remains in force until another interim order is made or until the family law case is resolved. | The interim order is in force from the moment of the judge or master’s decision and remains in force until another interim order is made or until the family law case is resolved. | ||
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[updated | [updated February 2015] | ||
