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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 01:19, 17 February 2013
, 01:19, 17 February 2013→Supreme Court
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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. | ||
==Supreme Court== | ==The Supreme Court== | ||
Unlike the Provincial Court, the Supreme Court has the authority to deal with all family law issues. If the Provincial Court cannot deal with an issue, the Supreme Court is where you will have to start a proceeding. As well, the Supreme Court is the only court which can grant an order for divorce. | Unlike the Provincial Court, the Supreme Court has the authority to deal with all family law issues. If the Provincial Court cannot deal with an issue, the Supreme Court is where you will have to start a proceeding. As well, the Supreme Court is the only court which can grant an order for divorce. | ||
There are fewer registries of the Supreme Court than there are for the Provincial Court. Court fees, fees for services like filing documents or starting | There are fewer registries of the Supreme Court than there are for the Provincial Court. Court fees, fees for services like filing documents or starting a court proceeding, are also paid in the Supreme Court; no fees are charged by the Provincial Court. | ||
The Supreme Court is also a lot more formal than the Provincial Court. While it is possible to represent yourself in the Supreme Court, the | The Supreme Court is also a lot more formal than the Provincial Court. While it is possible to represent yourself in the Supreme Court, the rules of court used for family law matters, the Supreme Court Family Rules, are complicated and are applied strictly. The assistance of a lawyer is highly recommended. | ||
===Court Jurisdiction=== | ===Court Jurisdiction=== | ||
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The Supreme Court has authority to deal with the same issues as the Provincial Court and more: | The Supreme Court has authority to deal with the same issues as the Provincial Court and more: | ||
#the Supreme Court has inherent jurisdiction, which means it can deal with every kind of legal issue | #the Supreme Court has ''inherent jurisdiction'', which means it can deal with every kind of legal issue; | ||
#the Supreme Court can deal with claims under the ''Divorce Act'', including making divorce orders, as well as claims under the ''Family Law Act''; | |||
#the Supreme Court can deal with | |||
#the Supreme Court can divide family property and family debt under the ''Family Law Act''; | #the Supreme Court can divide family property and family debt under the ''Family Law Act''; | ||
#the Supreme Court may divide assets between people who aren't spouses under the common law or under legislation like the ''Land Title Act'' | #the Supreme Court may divide assets between people who aren't spouses under the common law or under legislation like the ''Land Title Act'' or the ''Partition of Property Act''; | ||
#the Supreme Court may issue restraining orders freezing financial assets; and, | #the Supreme Court may issue restraining orders freezing financial assets; and, | ||
#the Supreme Court hears appeals from decisions of the Provincial Court. | #the Supreme Court hears appeals from decisions of the Provincial Court. | ||
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===Court Proceedings=== | ===Court Proceedings=== | ||
The Supreme Court has special rules just for family law proceedings, the Supreme Court Family Rules. If you are involved in a proceeding before the Supreme Court, you should try to read and understand these rules. The rules of court govern every aspect of a Supreme Court case, from starting a proceeding to | The Supreme Court has special rules just for family law proceedings, the Supreme Court Family Rules. If you are involved in a proceeding before the Supreme Court, you should try to read and understand these rules. The rules of court govern every aspect of a Supreme Court case, from starting a court proceeding to scheduling a trial. They set out important deadlines and limitations, and say what court forms must be used for which purpose. | ||
====Procedure | ====Procedure==== | ||
Most Supreme Court family law proceedings are started by filing in court a ''Notice of Family Claim'' in Form F3. The person who starts a proceeding by a Notice of Family Claim is the ''claimant'', and the person against whom the claim is brought is the ''respondent''. | |||
A respondent may reply to a Notice of Family Claim by filing a Response to Family Claim in Form F4. A respondent who does not file a Response to Family Claim is not entitled to notice of further hearings in the case. The respondent may also file a Counterclaim in Form F5. A counterclaim is the respondent's own claim against the applicant. | In certain unusual cases, a proceeding can also be started by filing in court a ''Petition'' in Form F73. Someone starting a proceeding with a Petition is the ''petitioner'', and the other party is the ''petition respondent''. | ||
Notices of Family Claim and Petitions must be be personally served on the other party by an adult other than the claimant or petitioner. | |||
A respondent may reply to a Notice of Family Claim by filing a ''Response to Family Claim'' in Form F4. A respondent who does not file a Response to Family Claim is not entitled to notice of further hearings in the case. The respondent may also file a ''Counterclaim'' in Form F5. A counterclaim is the respondent's own claim against the applicant. | |||
In general, before anyone can do anything else, the parties must attend a judicial case conference. A judicial case conference is a private meeting between the parties, their lawyers and a master or judge to talk about the legal issues and see whether any of them can be settled. The master or judge who hears a judicial case conference cannot make orders, except for procedural orders, without the parties' agreement. | In general, before anyone can do anything else, the parties must attend a judicial case conference. A judicial case conference is a private meeting between the parties, their lawyers and a master or judge to talk about the legal issues and see whether any of them can be settled. The master or judge who hears a judicial case conference cannot make orders, except for procedural orders, without the parties' agreement. | ||
Interim applications, applications for temporary orders, can be made by filing a Notice of Application in Form F31 and an Affidavit in Form F30. An affidavit is | Interim applications, applications for temporary orders, can be made by filing a ''Notice of Application'' in Form F31 and an Affidavit in Form F30. 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. The person making an application is the ''applicant''; the person against whom an application is brought is the ''application respondent''. An application respondent may reply to a Notice of Application by filing an ''Application Response'' in Form F32 and an Affidavit within five business days after service of the Notice of Application. | ||
Applications to change final orders are made by filing | Applications to change final orders are made by filing a Notice of Application in Form F31 and an Affidavit in Form F30 and serving them on the other parties. The process works like the process for interim applications, except that the application respondent has 14 business days to reply. | ||
====Addressing the Court==== | ====Addressing the Court==== | ||
There are two kinds of judicial official at the Supreme Court that hear applications and trials, ''masters'' and ''justices'', both of which | There are two kinds of judicial official at the Supreme Court that hear applications and trials, ''masters'' and ''justices'', both of which we'll refer to as "judges" for convenience. Masters have sort of the same kind of authority as Provincial Court judges and are responsible for hearing most interim applications. Justices hear other types of interim applications, trials and applications to change final orders. | ||
Masters of the Supreme Court are addressed as "Your Honour." Justices are addressed as "My Lord" or "My Lady," or, if you want, as "Your Lordship" or "Your Ladyship." | Masters of the Supreme Court are addressed as "Your Honour." Justices are addressed as "My Lord" or "My Lady," or, if you want, as "Your Lordship" or "Your Ladyship." | ||
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====Appeals==== | ====Appeals==== | ||
Interim orders of masters may be appealed to a justice of the Supreme Court. A party appealing the order of a master must file a Notice of Appeal in Form F98 within 14 days of the order. | Interim orders of masters may be appealed to a justice of the Supreme Court. A party appealing the order of a master must file a ''Notice of Appeal'' in Form F98 within 14 days of the order. | ||
Interim and final orders of justices of the Supreme Court are appealed to the Court of Appeal and must be brought within 30 days of the date of the order. Appeals to the Court of Appeal proceed under the Court of Appeal's rules of court and court forms. | Interim and final orders of justices of the Supreme Court are appealed to the Court of Appeal and must be brought within 30 days of the date of the order. Appeals to the Court of Appeal proceed under the Court of Appeal's rules of court and court forms. | ||
