Difference between revisions of "How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?"

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==How to start the application process==
==How to start the application process==


The first court forms you'll need are a Notice of Application in Form F31 and an affidavit. The Notice of Application tells the court and the other side:
The first court forms you'll need are:
#a Notice of Application (Form F31), and  
#an Affidavit (Form F30).
 
The forms are available online; see the [[Supreme Court Forms (Family Law)|Supreme Court Forms]] section.  
 
The Notice of Application tells the court and the other side:


*when you want the application heard,
*when you want the application heard,
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*the affidavits you'll be relying on when you argue the application.
*the affidavits you'll be relying on when you argue the application.


The affidavit explains who you are, the orders you want the court to make and why you want the court to make those orders. Your affidavit contains the evidence you <span class="noglossary">will</span> be relying on in support of your application.
The Affidavit explains who you are, the orders you want the court to make and why you want the court to make those orders. Your Affidavit contains the evidence you <span class="noglossary">will</span> be relying on in support of your application.


When you're ready to go, you must file your Notice of Application and affidavit in court and serve a copy of the filed documents on the other side, the ''application respondent'', by ordinary service. Ordinary service is accomplished by mailing the documents to the other side's address for service, by faxing them to a fax number for service or by emailing them to an email address for service.
When you're ready to go, you must file your Notice of Application and Affidavit in court and serve a copy of the filed documents on the other side, the ''application respondent'', by ordinary service. Ordinary service is accomplished by mailing the documents to the other side's address for service, by faxing them to a fax number for service or by emailing them to an email address for service.


You must serve your materials on the application respondent at least eight business days before the hearing date.
You must serve your materials on the application respondent at least eight business days before the hearing date.