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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)
Revision as of 01:08, 17 February 2013
, 01:08, 17 February 2013→Court Proceedings
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===Court Proceedings=== | ===Court Proceedings=== | ||
The Provincial Court has special rules just for family law proceedings; if you are involved in a proceeding | The Provincial Court has special rules just for family law proceedings, the Provincial Court (Family) Rules; if you are involved in a proceeding in the Provincial Court, you should read and understand these rules. The rules of court say how every aspect of a Provincial Court case is run, from starting a court proceeding to scheduling a trial. They set set out important deadlines and limitations, and say what court forms must be used for which purpose. | ||
====Procedure | ====Procedure==== | ||
The person who starts a proceeding in the Provincial Court is the ''applicant''. The person against whom the proceeding is brought is the ''respondent''. | The person who starts a proceeding in the Provincial Court is the ''applicant''. The person against whom the court proceeding is brought is the ''respondent''. | ||
The applicant starts a proceeding by filing an Application to Obtain an Order in Form 1 and serving it on each respondent. The Application to Obtain an Order must be personally served on the respondent by an adult other than the applicant. The respondent has 30 days to | The applicant starts a proceeding by filing an ''Application to Obtain an Order'' in Form 1 and serving it on each respondent. The Application to Obtain an Order must be personally served on the respondent by an adult other than the applicant. The respondent has 30 days to answer the claim by filing a ''Reply'' in Form 3; the court clerk will send a copy of the Reply to the applicant. The Reply can also be used to make a counterclaim, the respondent's own claim against the applicant. A respondent who does not file a Reply is not entitled to notice of further hearings in the case. | ||
Depending on which courthouse the proceeding is started at, one or both parties may have to attend the parenting after separation course, and possibly also meet with a family justice counsellor, before they can go before a judge. Family justice counsellors are government employees trained in mediation who can help with issues about the care of children, child support and spousal support. | Depending on which courthouse the proceeding is started at, one or both parties may have to attend the parenting after separation course, and possibly also meet with a family justice counsellor, before they can go before a judge. Family justice counsellors are government employees trained in mediation who can help with issues about the care of children, child support and spousal support. | ||
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At the parties' first appearance before a judge, the judge may order the parties to attend a family case conference. A family case conference is a private meeting between the parties, their lawyers and a judge to talk about the legal issues and see whether any of them can be settled. In general, a judge will not make orders at a family case conference except with the parties' agreement. | At the parties' first appearance before a judge, the judge may order the parties to attend a family case conference. A family case conference is a private meeting between the parties, their lawyers and a judge to talk about the legal issues and see whether any of them can be settled. In general, a judge will not make orders at a family case conference except with the parties' agreement. | ||
Interim applications, applications for temporary orders, can be made by filing a Notice of Motion in Form 16. It is always best to file an Affidavit in Form 17 with the Notice of Motion. An affidavit is | Interim applications, applications for temporary orders, can be made by filing a ''Notice of Motion'' in Form 16. It is always best to file an Affidavit in Form 17 with the Notice of Motion. An affidavit is a person's written evidence, which the person swears is true before a lawyer, notary public or court staff member able to take oaths. | ||
Applications to change final orders are made by filing an Application to Change or Cancel an Order in Form 2 and serving on the other parties. The other parties have 30 days to reply by filing a Reply in Form 3. | Applications to change final orders are made by filing an ''Application to Change or Cancel an Order'' in Form 2 and serving on the other parties. The other parties have 30 days to reply by filing a ''Reply'' in Form 3. | ||
====Addressing the Court==== | ====Addressing the Court==== | ||
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====Appeals==== | ====Appeals==== | ||
Final orders of the Provincial Court may be appealed to the Supreme Court | Final orders of the Provincial Court may be appealed to the Supreme Court. The appeal must be started within 40 days of the date the final order was made. | ||
According to s. 233(1) of the ''Family Law Act'', only final orders may be appealed. In ''Dima v. Dima'', a 2011 case from the Court of Appeal, the court confirmed that the only way to challenge an interim order of the Provincial Court is through judicial review under the '' Judicial Review Procedure Act''. | |||
An order that is appealed remains in effect unless the judge who made the order says otherwise. | An order that is appealed remains in effect unless the judge who made the order says otherwise. | ||
