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Difference between revisions of "Starting a Court Proceeding in a Family Matter"
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Starting a Court Proceeding in a Family Matter (view source)
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===The next steps=== | ===The next steps=== | ||
If the respondent has chosen to file a Response to Family Claim, they have decided to oppose your claim. This doesn't mean that you're necessarily going to wind up in a trial, but it does mean that, at least for now, the respondent disagrees with some or all of the orders you're asking for. One of three things is going to happen in your court proceeding: | If the respondent has chosen to file a Response to Family Claim, they have decided to oppose your claim(s). This doesn't mean that you're necessarily going to wind up in a trial, but it does mean that, at least for now, the respondent disagrees with some or all of the orders you're asking for. One of three things is going to happen in your court proceeding: | ||
#You'll settle your disagreement out of court, and come up with either a separation agreement or an order that you both agree the court should make, called a consent order. | #You'll settle your disagreement out of court, and come up with either a separation agreement or an order that you both agree the court should make, called a consent order. | ||
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For more information on the next steps in a family law proceeding when the Respondent has filed a Response to Family Claim, see [[Overview of Case Conferences and Discovery in Family Law Matters]] in this chapter. | For more information on the next steps in a family law proceeding when the Respondent has filed a Response to Family Claim, see [[Overview of Case Conferences and Discovery in Family Law Matters]] in this chapter. | ||
If the respondent does not file a Response to Family Claim, then the family law proceeding is characterized as "an undefended family law case" and Rule 10-10 | If the respondent does not file a Response to Family Claim, then the Respondent has chosen not to oppose your claim(s). In that situation, the family law proceeding is characterized as "an undefended family law case" and you can apply for a default judgment under Rule 10-10 of the Supreme Court Rules. Under that rule, if the orders being sought are relatively straightforward, then the Claimant can apply for final orders by way of a desk order application, meaning that a requisition, supporting affidavit(s) outlining the Claimant's evidence, and a few other documents (listed in Rule 10-10(2)) are submitted to the registry and reviewed by a judge at his or her desk when the judge finds time to do so. If the orders being sought have any complexity to them, then Rule 10-10 also allows the case to be set for trial. | ||
==The Provincial Court== | ==The Provincial Court== | ||
