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Difference between revisions of "How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?"

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How Do I Make an Interim Application in a Family Law Matter in the Supreme Court? (view source)

Revision as of 23:20, 21 February 2024

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* chambers application
* chambers application


Interim applications are quite common in Supreme Court proceedings, and more common than trials. If you need child support payments now, you can't wait a year or more for a trial just to get an order. You can ask a judge or master for an interim child support order while you wait for the final judgement to be made.  
Interim applications are quite common in Supreme Court proceedings, and more common than trials. If you need child support payments now, you can't wait a year or more for a trial just to get an order. You can ask a judge or associate judge for an interim child support order while you wait for the final judgement to be made.  


While interim applications are often for ''temporary orders'' (i.e. an order that isn't intended to cover a long period of time), not all orders requested through interim applications are temporary. Ones that are not temporary are usually urgent in some way. They can be used to force the other side to do something, like share important documents, so that the family law matter can move along. If the other person is not giving you the financial disclosure they are supposed to, you can make a chambers application for an interim order for disclosure. There is nothing temporary about an order for disclosure (once the other party is forced to disclose their bank statements, the disclosure is permanent), but there would have been some urgency (you can’t continue with the litigation if someone is stalling and not disclosing important information), which is why the interim application was justified.
While interim applications are often for ''temporary orders'' (i.e. an order that isn't intended to cover a long period of time), not all orders requested through interim applications are temporary. Ones that are not temporary are usually urgent in some way. They can be used to force the other side to do something, like share important documents, so that the family law matter can move along. If the other person is not giving you the financial disclosure they are supposed to, you can make a chambers application for an interim order for disclosure. There is nothing temporary about an order for disclosure (once the other party is forced to disclose their bank statements, the disclosure is permanent), but there would have been some urgency (you can’t continue with the litigation if someone is stalling and not disclosing important information), which is why the interim application was justified.
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==Application records==
==Application records==
You must prepare an ''application record'' for the hearing of your application. The application record is traditionally a three-ring binder that contains all of the application materials, with an index noting the material included at numbered tabs, with the material separated by numbered tabs corresponding to the index. The application record is for the benefit of the judge or master hearing your application, so prepare it as neatly and carefully as you can; the judge will appreciate the effort. It is often easiest to make a second copy of all the materials for yourself at the same time you are preparing the court’s copy of the application record.   
You must prepare an ''application record'' for the hearing of your application. The application record is traditionally a three-ring binder that contains all of the application materials, with an index noting the material included at numbered tabs, with the material separated by numbered tabs corresponding to the index. The application record is for the benefit of the judge or associate judge hearing your application, so prepare it as neatly and carefully as you can; the judge will appreciate the effort. It is often easiest to make a second copy of all the materials for yourself at the same time you are preparing the court’s copy of the application record.   


Application records <span class="noglossary">will</span> usually contain the following documents in the following order:
Application records <span class="noglossary">will</span> usually contain the following documents in the following order:
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The Justice Education Society's Online Help Guide for BC Supreme Court Family Law has a [https://supremecourtbc.ca/family-law/before-trial/chambers-applications/prepare-application-record helpful webpage] with more information about application records, and BC Legal Aid's Family Law website has an Application Record Index listed under its webpage with [https://family.legalaid.bc.ca/forms/supreme BC Supreme Court forms].
The Justice Education Society's Online Help Guide for BC Supreme Court Family Law has a [https://supremecourtbc.ca/family-law/before-trial/chambers-applications/prepare-application-record helpful webpage] with more information about application records, and BC Legal Aid's Family Law website has an Application Record Index listed under its webpage with [https://family.legalaid.bc.ca/forms/supreme BC Supreme Court forms].


'''Electronic application records:''' Note that the BC Supreme Court has been experimenting with application records in electronic (PDF) format, instead of printed out pages clipped into three-ring binders, for hearings of 30 minutes of less, in certain courts only, and only before a ''master'' (i.e. not a judge). As of writing, this pilot project was expanding quickly to many other registries but it was not yet mandatory for self-represented litigants to participate. That said, maybe you prefer to deal with PDFs rather than three-ring binders. And perhaps as you read this the pilot project will have expanded to more registry locations or become expected of all participants. See the BC Supreme Court website for more information about the [https://www.bccourts.ca/supreme_court/practice_and_procedure/masters_chambers_pilot_project.aspx Masters Chambers Pilot Project].
'''Electronic application records:''' Note that the BC Supreme Court has been experimenting with application records in electronic (PDF) format, instead of printed out pages clipped into three-ring binders, for hearings of 30 minutes of less, in certain courts only, and only before a ''associate judge'' (i.e. not a judge). As of writing, this pilot project had expanded quickly to most registries across the province, but was not yet mandatory for self-represented litigants. That said, maybe you prefer to deal with PDFs rather than three-ring binders. And perhaps as you read this the pilot project will have expanded to more registry locations or become expected of all participants. See the BC Supreme Court website for more information about the [https://www.bccourts.ca/supreme_court/practice_and_procedure/associate_judges_chambers_pilot_project.aspx Associate Judges Chambers Pilot Project].


==The rules==
==The rules==
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