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Difference between revisions of "Case Conferences in a Family Law Matter"
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Case Conferences in a Family Law Matter (view source)
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A ''case conference'' is a meeting between the parties, their lawyers if they have them, and a judge, usually for a purpose relating to the administration or the resolution of a court proceeding. | A ''case conference'' is a meeting between the parties, their lawyers if they have them, and a judge, usually for a purpose relating to the administration or the resolution of a court proceeding. | ||
Trial | Trial management conferences in the Supreme Court and trial preparation Conferences in the Provincial Court are all about getting a proceeding ready for trial, and are held towards the end of a proceeding. | ||
Judicial | Judicial case conferences in the Supreme Court and family case conferences in the Provincial Court are held early in a proceeding and are about settling those issues than can be agreed on, getting interim arrangements in place for support and the care of the children, and planning the next few steps in the proceeding. | ||
This section discusses | This section discusses judicial case Conferences and family case conferences, their limitations and their uses, and provides some tips about how you can get the most out of your time and the judge's time at a case conference. | ||
==Resolving a court proceeding without a trial== | ==Resolving a court proceeding without a trial== | ||
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The rules of court have evolved to provide additional opportunities for settlement and steer people away from trial. In the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules], we have Judicial Case Conferences under Rule 7-1 and Settlement Conferences under Rule 7-2. In the [http://canlii.ca/t/85pb Provincial Court (Family) Rules], we have Family Case Conferences under Rule 7. | The rules of court have evolved to provide additional opportunities for settlement and steer people away from trial. In the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules], we have Judicial Case Conferences under Rule 7-1 and Settlement Conferences under Rule 7-2. In the [http://canlii.ca/t/85pb Provincial Court (Family) Rules], we have Family Case Conferences under Rule 7. | ||
==Judicial | ==Judicial case conferences (JCCs)== | ||
Judicial | Judicial case conferences, usually referred to as JCCs, are relatively informal, off-the-record, private meetings between the parties, their lawyers and a master or judge in a courtroom. JCCs must be held in all contested family law court proceedings, and, in most cases, they must be held before any interim applications can be heard. | ||
Financial | Financial statements must be exchanged by the parties before each JCC. They must also be filed in court in <span class="noglossary">advance</span> of the JCC to give the judge the chance to read through them first. | ||
===Avoiding a JCC=== | ===Avoiding a JCC=== | ||
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To set a date for a JCC, first <span class="noglossary">contact</span> the court registry and get their available dates. (JCCs are given a lot of priority by the registry staff, and you should be able to book a hearing date within a month or two.) In most cases, you will want to give these dates to the other side and select a date that you are both available for. It's no more than common courtesy to select a date that's convenient for everyone. | To set a date for a JCC, first <span class="noglossary">contact</span> the court registry and get their available dates. (JCCs are given a lot of priority by the registry staff, and you should be able to book a hearing date within a month or two.) In most cases, you will want to give these dates to the other side and select a date that you are both available for. It's no more than common courtesy to select a date that's convenient for everyone. | ||
Once you have an agreeable date, call the registry back and tell them which date you've picked. They will then ask you to fill out and file a Notice of Judicial Case Conference in form F19 setting that date. You must then serve a copy of your filed Notice of Judicial Case Conference on the other side, along with a copy of your | Once you have an agreeable date, call the registry back and tell them which date you've picked. They will then ask you to fill out and file a Notice of Judicial Case Conference in form F19 setting that date. You must then serve a copy of your filed Notice of Judicial Case Conference on the other side, along with a copy of your financial statement, by ordinary service. | ||
===The purpose of JCCs=== | ===The purpose of JCCs=== | ||
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*scheduling the dates for any further JCCs. | *scheduling the dates for any further JCCs. | ||
At the end of the conference, the court clerk will print out a case management plan that will show the orders that have been agreed to, the issues still in dispute, and any schedule for the next steps in the litigation. Most of the time, both parties and their lawyers will sign the | At the end of the conference, the court clerk will print out a case management plan that will show the orders that have been agreed to, the issues still in dispute, and any schedule for the next steps in the litigation. Most of the time, both parties and their lawyers will sign the case management plan; no one needs to sign a case management plan where nothing was agreed to. | ||
==Family | ==Family case conferences== | ||
There are two big differences between | There are two big differences between judicial case conferences (JCCs) in the Supreme Court and camily case conferences (FCCs) in the Provincial Court. First, FCCs aren't mandatory and you only get to have an FCC if a judge orders that you have one. Second, the judge at an FCC has the discretion to make orders without the consent of a party. Otherwise FCCs are pretty much just like JCCs. | ||
===Applying for | ===Applying for an FCC=== | ||
Under [http://canlii.ca/t/85pb Provincial Court (Family) Rule 7(1)], a judge may order the parties to attend an FCC where the case involves contested claims for guardianship, parental responsibilities, parenting time or contact. Applications for an FCC can be made at a first appearance or at any subsequent appearance, or by Notice of Motion like any other interim application. | Under [http://canlii.ca/t/85pb Provincial Court (Family) Rule 7(1)], a judge may order the parties to attend an FCC where the case involves contested claims for guardianship, parental responsibilities, parenting time or contact. Applications for an FCC can be made at a first appearance or at any subsequent appearance, or by Notice of Motion like any other interim application. | ||
