Anonymous

Difference between revisions of "Interim Applications in Family Matters"

From Clicklaw Wikibooks

Interim Applications in Family Matters (view source)

Revision as of 04:59, 25 February 2013

241 bytes removed ,  04:59, 25 February 2013
→‎The Provincial Family Court
Line 311: Line 311:
==The Provincial Family Court==
==The Provincial Family Court==


Interim applications are brought only after an action has been started. The person bringing the application, the Applicant, must file his or her Notice of Motion in court, and then serve a court-stamped copy of the Notice of Motion to the Respondent, the person against whom the application has been brought. The Respondent is not required to file anything in reply to the application.
Interim applications are brought only after a court proceeding has been started. The person bringing the application, the ''Applicant'', must file a Notice of Motion in court, and then serve a court-stamped copy of the Notice of Motion to the ''Respondent'', the person against whom the application has been brought. The Respondent is not required to file anything in reply to the application.


Most often, applications in the Provincial Court are based on oral evidence rather than Affidavits. As a result, the exchange of Affidavits is not a mandatory part of the process.
Most often, applications in the Provincial Court are based on oral evidence rather than Affidavits. As a result, the exchange of Affidavits is not a mandatory part of the process.
Line 324: Line 324:
*Rule 21: parenting after separation programs
*Rule 21: parenting after separation programs


A link to the Provincial Court Rules of Court is provided in the section Resources & Links.
===When an Application can be Brought===


It is important to read the whole of this segment, regardless of whether you're bringing an application or defending one, to get a proper picture of the application process, the documents required and the timelines and deadlines involved in an interim application.
Generally speaking, interim applications are only brought after the Respondent has had a chance to file his or her Reply to the Applicant's Application to Obtain an Order, but they can be brought earlier, sometimes on the same day that the action is started, when there is a very urgent problem that needs to be resolved immediately, such as might be the case if the Respondent was threatening to leave the country with the children.
 
===When an Application can be Brought===


Generally speaking, interim applications are only brought after the Respondent has had a chance to file his or her Reply to the Application to Obtain an Order or the Application to Change an Order, but they can be brought earlier, sometimes on the same day that the action is started, when there is a very urgent problem that needs to be resolved immediately, such as might be the case if the Respondent was threatening to leave the country with the children.
The precise rules about when an application can be brought depend on whether or not the registry your court proceeding is in is a registry subject to the Parenting After Separation program under Rule 21 and, if so, whether it is also a family justice registry subject to Rule 5. The court clerk will tell you whether or not your registry is a family justice registry.


The precise rules about when an application can be brought depend on whether or not the registry your action is filed in is a "family justice registry." The court clerk will tell you whether or not your registry is a family justice registry.
STOPPED


====Family Justice Registries====
====Family Justice Registries====
Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/938"