Difference between revisions of "Starting a Court Proceeding in a Family Matter"

<blockquote>'''4. Disclose documents and information.''' The rules of court require each party to produce to the other all documents that are relevant to the issues in a court proceeding. This can include things like bank statements, report cards, medical records, school reports and income tax returns. Each party must list these documents in a formal ''List of Documents'', and keep their Lists of Documents updated when new documents are found or become available.</blockquote>

This is just a rough sketch of the lengthy process of bringing an action to a conclusion. Not every case will need to use all of these steps (some people may not need to have Examinations for Discovery and others won't see the point of holding a Settlement Conference, for example), and some steps may need to be repeated more than once. As well, the actual trial process is much, much more complex that my brief description.

This JCCs are discussed in more in [[Case Conferences in a Family Law Matter]] also in this chapter.

Family law proceedings are governed by the Provincial Court Family Rules. It's important that you have a working knowledge of the rules about how court proceedings are started; as your proceeding progresses, you'll also need to learn the rules about Family Case Conferences, disclosure, interim applications and trials. The primary rules about Applications to Obtain an Order and the management of court proceedings are:

The respondent has 30 days to file a ''Reply'' after being served with the applicant's Application to Obtain an Order. If the respondent doesn't do this, the Applicant may be able to apply for the orders asked for in the Application to Obtain an Order as a ''default judgment'', a final order made in default of the respondent's reply.

You should be aware that in most cases the courts are fairly lenient towards people who miss filing deadlines. An applicant should not expect to win on a technicality like this. If a respondent files his or her Reply late, the court will usually give the respondent an extension of time and overlook the missed due date. However, if the respondent just ignores you and ignores your claim, at some point the court will make the order you're asking for.

In certain registries of the Provincial Court, the parties must meet with a Family Justice Counsellor, and, if children are involved, attend a [http://www.familylaw.lss.bc.ca/resources/fact_sheets/parent_after_separation.php Parenting After Separation] program before any further steps can be taken in a court proceeding. This may apply even if you are seeking a default judgment. The court clerk will tell you what is needed at your court registry and, if necessary, will refer you to the Family Justice Counsellor and tell you where the Parenting After Separation is offered. You will have to file a certificate that you've completed the program before any further steps can be taken in your case.

The steps which follow the commencement of a proceeding in the Provincial Court are a simplified version of the Supreme Court process. There are fewer hoops to jump through, but also fewer means to extract information and documents from the other side.

<blockquote>'''1. Meet with a Family Justice Counsellor and take the Parenting After Separation Program.''' Family Justice Counsellors can provide information that may help to resolve the court proceeding; they can also serve as mediators if both parties are prepared to try mediation. The Parenting After Separation program is very useful to take, and you should seriously consider taking the course even if it isn't required in your court registry. The program is available online at http://parenting.familieschange.ca. The online course does not replace the need to attend an in-person course if that is otherwise required.</blockquote>

<blockquote>'''3. Have a Family Case Conference.''' This is a hearing similar to the Judicial Case Conference required by the Supreme Court. It is an informal, off-the-record meeting between the parties, their lawyers and a judge to talk about the facts and issues, and set dates and deadlines for the remaining steps in the court proceeding. Although FCCs are very helpful and often result in settlement, FCCs only address issues about the care of children and are not mandatory unless you have been referred to an FCC by a judge. If you think an FCC will help resolve your case, ask for one!</blockquote>

<blockquote>'''4. Make interim applications as needed.''' In almost all family law proceedings, the parties need the court to decide certain issues on a temporary basis until the trial can be heard. Typically, people need orders about things like where the children will live and whether should be paid until trial. The most common applications in family law involve restraining orders, orders about the care of children, child support and spousal support. The process for bringing interim applications is discussed in detail in this chapter under the page on [[Interim Applications in Family Matters]].</blockquote>

<blockquote>'''5. Have a Trial Preparation Conference.''' A TPC is a formal hearing before a judge designed to fix the schedule of events at the trial and resolve as many disputes about evidence before trial as possible. Among other things, the judge will ask about the witnesses each party intends to present, whether documents have been exchanged, and anything else that can be dealt with to help make sure the trial will go ahead and be completed within the time available. A TPC is generally not an opportunity to engage in settlement discussions.</blockquote>