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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 00:46, 21 February 2013
, 00:46, 21 February 2013no edit summary
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<blockquote>'''Claimant.''' The person who starts a court proceeding is the Claimant. In the Provincial Court, this person is the Applicant. In this page, "Claimant" refers to Claimants and Applicants.</blockquote> | <blockquote>'''Claimant.''' The person who starts a court proceeding is the Claimant. In the Provincial Court, this person is the Applicant. In this page, "Claimant" refers to Claimants and Applicants.</blockquote> | ||
<blockquote>'''Respondent.''' The person or people against whom the court proceeding is brought. In family law proceedings, there is usually only one Respondent.<blockquote> | <blockquote>'''Respondent.''' The person or people against whom the court proceeding is brought. In family law proceedings, there is usually only one Respondent.</blockquote> | ||
<blockquote>'''Claim.''' The document that is filed to start a court proceeding in the Supreme Court is a Notice of Family Claim or a Petition. In the Provincial Court, proceedings are started with an Application to Obtain an Order or an Application to Change or Cancel an Order. In this page, "claim" refers to all of these documents.</blockquote> | <blockquote>'''Claim.''' The document that is filed to start a court proceeding in the Supreme Court is a Notice of Family Claim or a Petition. In the Provincial Court, proceedings are started with an Application to Obtain an Order or an Application to Change or Cancel an Order. In this page, "claim" refers to all of these documents.</blockquote> | ||
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Court proceedings in the Provincial Court and the Supreme Court, other than criminal proceedings, work more or less like this: | Court proceedings in the Provincial Court and the Supreme Court, other than criminal proceedings, work more or less like this: | ||
< | <blockquote>'''The Claimant starts the proceeding.''' The person who wants a court order, the Claimant, starts a court proceeding by filing a claim in court and serving the filed claim on the Respondent.</blockquote> | ||
<blockquote>'''The Respondent files a reply.''' The Respondent has a fixed amount of time after being served to respond to the court proceeding by filing a reply in court. The reply says which orders the person agrees to and which are objected to. The Respondent may ask the court for other orders; if other orders are needed, the Respondent will file a claim of his or her own. The reply and any new claim must be delivered to the Claimant.</blockquote> | <blockquote>'''The Respondent files a reply.''' The Respondent has a fixed amount of time after being served to respond to the court proceeding by filing a reply in court. The reply says which orders the person agrees to and which are objected to. The Respondent may ask the court for other orders; if other orders are needed, the Respondent will file a claim of his or her own. The reply and any new claim must be delivered to the Claimant.</blockquote> | ||
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And that's pretty much it. There are lots of details I've skipped over, including about experts, case conferences and applications, but this about it. 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. | And that's pretty much it. There are lots of details I've skipped over, including about experts, case conferences and applications, but this about it. 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. | ||
==Further Reading in this Chapter== | |||
* <span style="color: red;">Collaborative Processes</span> | |||
* <span style="color: red;">Mediation</span> | |||
* <span style="color: red;">Arbitration</span> | |||
* <span style="color: red;">Parenting Coordination</span> | |||
==Page Resources and Links== | |||
===Legislation=== | |||
* <span style="color: red;">bulleted list of linked legislation referred to in page</span> | |||
===Links=== | |||
* <span style="color: red;">bulleted list of linked external websites referred to in page</span> | |||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||
