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Difference between revisions of "Resolving Family Law Problems in Court"
From Clicklaw Wikibooks
Resolving Family Law Problems in Court (view source)
Revision as of 16:48, 18 May 2013
, 16:48, 18 May 2013→A few definitions
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===A few definitions=== | ===A few definitions=== | ||
<blockquote>'''Claimant.''' The person who | <blockquote>'''Claimant.''' The person or people who start a court proceeding in the Supreme Court are the claimants. In the Provincial Court, this person is the applicant. In family law proceedings, there is usually only one claimant. In this section, "claimant" refers to claimants and applicants.</blockquote> | ||
<blockquote>'''Respondent.''' The person or people against whom | <blockquote>'''Respondent.''' The person or people against whom a court proceeding is brought are the respondents. In family law proceedings, there is usually only one respondent.</blockquote> | ||
<blockquote>'''Parties.''' The claimant and the respondent are the parties to the court proceeding.</blockquote> | <blockquote>'''Parties.''' The claimant and the respondent are the parties to the court proceeding.</blockquote> | ||
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<blockquote>'''Claim.''' The document that is filed to start a court proceeding in the Supreme Court is a Notice of Family Claim or a Petition. In the Provincial Court, proceedings are started with an Application to Obtain an Order or an Application to Change or Cancel an Order. In this section, "claim" refers to all of these documents.</blockquote> | <blockquote>'''Claim.''' The document that is filed to start a court proceeding in the Supreme Court is a Notice of Family Claim or a Petition. In the Provincial Court, proceedings are started with an Application to Obtain an Order or an Application to Change or Cancel an Order. In this section, "claim" refers to all of these documents.</blockquote> | ||
<blockquote>'''Reply.''' A respondent who objects to all or some of the orders sought by the claimant in the Supreme Court will file a Response to Family Claim. In the Provincial Court, the respondent will file a Reply. In this section, "reply" refers to | <blockquote>'''Reply.''' A respondent who objects to all or some of the orders sought by the claimant in the Supreme Court will file a Response to Family Claim and sometimes a Counterclaim. In the Provincial Court, the respondent will file a Reply. In this section, "reply" refers to all of these documents.</blockquote> | ||
<blockquote>'''Pleadings.''' The basic documents that frame a legal dispute are called the pleadings. In most Supreme Court family law proceedings, the pleadings are the Notice of Family Claim, the Response to Family Claim, and also usually a Counterclaim. In most Provincial Court proceedings, the pleadings are the Application to Obtain an Order and the Reply.</blockquote> | <blockquote>'''Pleadings.''' The basic documents that frame a legal dispute are called the pleadings. In most Supreme Court family law proceedings, the pleadings are the Notice of Family Claim, the Response to Family Claim, and also usually a Counterclaim. In most Provincial Court proceedings, the pleadings are the Application to Obtain an Order and the Reply.</blockquote> | ||
