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Difference between revisions of "The Court System for Family Matters"
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The Court System for Family Matters (view source)
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==Introduction== | ==Introduction== | ||
Our court system has its origins hundreds of years ago in England. In the middle ages, people would come to the king on special days set aside for the hearing of "petitions," complaints made by someone (the | Our court system has its origins hundreds of years ago in England. In the middle ages, people would come to the king on special days set aside for the hearing of "petitions," complaints made by someone (the ''petitioner'') against someone else (the ''respondent''). If the petition was heard, the king would make a decision and impose his judgment on the parties, putting an end to the complaint. | ||
As the rule of law became more and more important in maintaining a civil society, kings and queens began to farm out the job of hearing petitions to people specially appointed to hear them called judges. Eventually the monarchy got out of the business altogether, and left the hearing of petitions only to the judges. The English court system became more complex as time went on, and different types of courts, like the Courts of Equity and the Courts of the Exchequer, were eventually set up to deal with different kinds of problems. | As the rule of law became more and more important in maintaining a civil society, kings and queens began to farm out the job of hearing petitions to people specially appointed to hear them called judges. Eventually the monarchy got out of the business altogether, and left the hearing of petitions only to the judges. The English court system became more complex as time went on, and different types of courts, like the Courts of Equity and the Courts of the Exchequer, were eventually set up to deal with different kinds of problems. | ||
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Our courts deal with all manner of disputes, from the government's complaint that someone has committed a crime, to a property owner's complaint that someone has trespassed on his or her property, to an employee's complaint of wrongful dismissal, to a driver's complaint that someone else was responsible for an accident and the damage the accident caused. The job of the judge is to hear each case and decide what an appropriate and fair solution should be, in a fair, impartial and unbiased manner, free from any interference by the government. | Our courts deal with all manner of disputes, from the government's complaint that someone has committed a crime, to a property owner's complaint that someone has trespassed on his or her property, to an employee's complaint of wrongful dismissal, to a driver's complaint that someone else was responsible for an accident and the damage the accident caused. The job of the judge is to hear each case and decide what an appropriate and fair solution should be, in a fair, impartial and unbiased manner, free from any interference by the government. | ||
===The | ===The courts of British Columbia=== | ||
Today we have three levels of court in British Columbia: | Today we have three levels of court in British Columbia: | ||
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The Provincial Court and the Supreme Court of British Columbia are where the bulk of family law court proceedings are heard. The Court of Appeal and the Supreme Court of Canada only hear appeals of decisions made by the lower courts. As a result, only a few family law cases are brought to the Court of Appeal. Fewer still are brought to the Supreme Court of Canada, partly because that court must give permission to hear appeals in non-criminal cases and partly because it can cost a great deal of money to take a case that far. Appeals generally tend to be complicated and fairly expensive, which generally discourage carrying cases beyond trial. | The Provincial Court and the Supreme Court of British Columbia are where the bulk of family law court proceedings are heard. The Court of Appeal and the Supreme Court of Canada only hear appeals of decisions made by the lower courts. As a result, only a few family law cases are brought to the Court of Appeal. Fewer still are brought to the Supreme Court of Canada, partly because that court must give permission to hear appeals in non-criminal cases and partly because it can cost a great deal of money to take a case that far. Appeals generally tend to be complicated and fairly expensive, which generally discourage carrying cases beyond trial. | ||
===Making the | ===Making the choice of forum=== | ||
There are important differences between the Provincial Court and the Supreme Court. Deciding in which court to start a proceeding is called making the ''choice of forum''. | There are important differences between the Provincial Court and the Supreme Court. Deciding in which court to start a proceeding is called making the ''choice of forum''. | ||
The Provincial Court can only deal with issues relating to parenting and the care of children, child support, spousal support and protection orders. The Supreme Court has the authority to deal with all of those issues as well, but only the Supreme Court can make an order for divorce, make other orders under the ''Divorce Act'', or | The Provincial Court can only deal with issues relating to parenting and the care of children, child support, spousal support and protection orders. The Supreme Court has the authority to deal with all of those issues as well, but only the Supreme Court can make an order for divorce, make other orders under the ''Divorce Act'', or make orders about the division of family property and family debts. | ||
The rules of the Supreme Court can be very complicated and fees are charged for common activities, like starting a court proceeding, making an application or hearing a trial. The rules of the Provincial Court are more straightforward and no fees are charged. | The rules of the Supreme Court can be very complicated and fees are charged for common activities, like starting a court proceeding, making an application or hearing a trial. The rules of the Provincial Court are more straightforward and no fees are charged. | ||
It is possible to start a proceeding in the Provincial Court to deal with things like child support and then start a proceeding in the Supreme Court to get a divorce and deal with things like property. However it can confusing to manage two court proceedings, and you have to be careful not to bring up issues in one court that are being dealt with by the other court. | It is possible to start a proceeding in the Provincial Court to deal with things like child support and then start a proceeding in the Supreme Court to get a divorce and deal with things like property. However it can be confusing to manage two court proceedings, and you have to be careful not to bring up issues in one court that are being dealt with by the other court. | ||
==The Provincial Court== | ==The Provincial Court== | ||
