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Difference between revisions of "Learning about Family Law"
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→Going to court
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==Going to court== | ==Going to court== | ||
Couples who cannot reach an agreement may have to go to court. The court process focuses on helping you to resolve as much of your case as possible without having a trial. | Couples who cannot reach an agreement may have to go to court. The court process focuses on helping you to resolve as much of your case as possible without having a trial. | ||
:'''Note:''' The section on the [[Criminal and Civil Law and the Role of the Courts|Role of the Courts]] discusses the levels of court. It is helpful to get legal advice if you are going to court. | |||
Here are some things to expect in the court process: | Here are some things to expect in the court process: | ||
The law requires you and your spouse to provide each other with "full and true information" so you can resolve your family law dispute. The court rules set out what information you must provide before you go to court. | *'''Exchanging information''': The law requires you and your spouse to provide each other with "full and true information" so you can resolve your family law dispute. The court rules set out what information you must provide before you go to court. | ||
*'''Meeting with a child support clerk''': The court might send you to see a child support clerk to help you figure out how much child support should be paid in your case. | |||
The court might send you to see a child support clerk to help you figure out how much child support should be paid in your case. | *'''Meeting with a family justice counsellor''': In some Provincial Court locations, you meet with a family justice counsellor before you go to court. The family justice counsellor helps you look at your options and can give you legal information. | ||
*'''Meetings to discuss options for settling your case''': In BC Supreme Court, you have a meeting called a Judicial Case Conference with a judge or master (a court official). This happens before you can ask the court for an order that your spouse does not agree with. In Provincial Court, you may have a meeting with a judge called a Family Case Conference. This happens before you can have a court hearing. | |||
In some Provincial Court locations, you meet with a family justice counsellor before you go to court. The family justice counsellor helps you look at your options and can give you legal information. | *'''A temporary solution''': You may need a ''temporary'' solution for parenting arrangements, child and spousal support, and who lives in the family home. You can apply to the court for what is called an ''interim order''. An interim order is for a limited time. | ||
In BC Supreme Court, you have a meeting called a Judicial Case Conference with a judge or master (a court official). This happens before you can ask the court for an order that your spouse does not agree with. In Provincial Court, you may have a meeting with a judge called a Family Case Conference. This happens before you can have a court hearing. | |||
You may need a | |||
====If you and your spouse can agree==== | ====If you and your spouse can agree==== | ||
If you and your spouse can reach an agreement, you can get what is called a consent order. You will be able to get a consent order without appearing in court as long as all your documents are in order and the judge is satisfied that you have arranged for the care of and support of your children. | If you and your spouse can reach an agreement, you can get what is called a consent order. You will be able to get a consent order without appearing in court as long as all your documents are in order and the judge is satisfied that you have arranged for the care of and support of your children. | ||
