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Difference between revisions of "Interim Applications in Family Matters"

From Clicklaw Wikibooks
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===A Short Note about Courtesy===
===A Short Note about Courtesy===


One of the most significant changes in the new rules allows the Applicant to simply set the hearing date without consulting the Application Respondent. Although this gives the Applicant the right to pick a date unilaterally, it'll be better for everyone if the hearing date can be agreed upon by both parties. If the date you've picked isn't good for the Application Respondent, you can expect the Application Respondent to show up on the hearing date and ask the court for an adjournment (a delay) of your application.
The Supreme Court Family Rules allow an Applicant to simply set the hearing date without consulting the Application Respondent. Although this gives the Applicant the right to pick a date unilaterally, it's usually better for everyone if the hearing date can be agreed upon by both parties. If the date you've picked isn't good for the Application Respondent, you can expect the Application Respondent to show up on the hearing date and ask the court for an adjournment — a delay — of your application.


If the Application Respondent is successful in getting the adjournment, which will usually be the case if you've been unreasonable or the Application Respondent has a genuinely good reason for needing the adjournment, you'll have wasted all the time and anxiety you spent preparing for the application, only to have to take another day off work and do it all again some other day.
If the Application Respondent is successful in getting the adjournment, which will usually be the case if you've been unreasonable or the Application Respondent has a genuinely good reason for needing the adjournment, you'll have wasted all the time and anxiety you spent preparing for the application, only to have to take another day off work and do it all again some other day.
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#the date when you'll have the application materials to the Application Respondent;
#the date when you'll have the application materials to the Application Respondent;
#the date when the Application Respondent will get the reply materials to you; and,
#the date when the Application Respondent will get his or her reply materials to you; and,
#the hearing date.
#the hearing date.
K. Downloads
In this segment you can download blank court forms in Word format, samples of completed forms in PDF format and technical papers about the Supreme Court Family Rules. Additional court form templates can be found in the Resources & Links section of this website.
1. Sample Documents
The links below will open sample court documents in a new window. You will require Adobe Acrobat Reader to view these files, a free program available for download from Adobe Software.
In this sample, our fictitious Respondent, John Doe, is applying for three common orders: a declaration that the he and his wife, Jane Doe, have no reasonable prospect of reconciling; a financial restraining order against Jane; and, an order that he have exclusive occupancy of the family home. Since Jane also wants the declaration and the restraining order, she doesn't oppose those claims, but she does oppose the claim for exclusive occupancy. (For more information about these topics, see the sections Children, Child Support, Spousal Support, and Family Assets.)
Form F31: Notice of Application (PDF)
Form F32: Application Response (PDF)
Application Record Cover Page (PDF)
These sample documents are just that: samples. While they represent a more or less accurate picture of how John and Jane Doe might fill out their forms, they may not be applicable to your situation. Use them as a reference only together with the official court form.
2. Court Forms
Click the links below to open templates in Word format. Areas where you must supply information are indicated in green text.
Form F8: Financial Statement (DOC)
Form F31: Notice of Application (DOC)
Form F32: Application Response (DOC)
Form F30: Affidavit (DOC)
Application Record Cover Page (DOC)
3. Related Documents
Click the links below to download more detailed information about the Supreme Court Family Rules and defending an action in the Supreme Court.
A summary of the information in this segment. (PDF)
Timeline charts for planning interim chambers applications. (PDF)
Feel free to use these papers as you see fit, but if you distribute these papers please make sure that I and my website are identified as their source.


==The Provincial Family Court==
==The Provincial Family Court==