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Difference between revisions of "Case Conferences in a Family Law Matter"
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Case Conferences in a Family Law Matter (view source)
Revision as of 15:44, 19 May 2013
, 15:44, 19 May 2013→Family case conferences
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==Family case conferences== | ==Family case conferences== | ||
There are two big differences between judicial case conferences | There are two big differences between judicial case conferences in the Supreme Court and family case conferences in the Provincial Court. First, FCCs aren't mandatory and you only get to have an FCC if a judge orders that you have one. Second, the judge at an FCC has the discretion to make orders without the consent of a party. Otherwise FCCs are pretty much just like JCCs. | ||
===Applying for | ===Applying for a family case conference=== | ||
Under [http://canlii.ca/t/85pb | Under [http://canlii.ca/t/85pb Rule 7(1)] of the Provincial Court Family Rules, a judge may order the parties to attend an FCC where the case involves contested claims about guardianship or for parental responsibilities, parenting time or contact. An application for an FCC can be made at a first appearance or at any subsequent appearance, or by Notice of Motion like any other interim application. | ||
It is fairly easy to get an order that an FCC be heard. The court will not be interested in granting an FCC if: | It is fairly easy to get an order that an FCC be heard as the court will usually agree that an FCC is a good idea. The court will not be interested in granting an FCC if: | ||
*it's obvious that you've asked for the FCC to obstruct the hearing or trial or an interim application, | *it's obvious that you've asked for the FCC to obstruct the hearing or trial or an interim application, | ||
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*there is an urgent reason for the case to head to trial without further delay. | *there is an urgent reason for the case to head to trial without further delay. | ||
===Scheduling a | ===Scheduling a family case conference=== | ||
FCCs are booked by the judicial case manager, and if you get an order for an FCC, the judge will adjourn your case to the judicial case manager to get a date set up. Like JCCs, it is good idea to pick a date on which everyone is available to attend. | FCCs are booked by the judicial case manager, and if you get an order for an FCC, the judge will adjourn your case to the judicial case manager to get a date set up. Like JCCs, it is good idea to pick a date on which everyone is available to attend. | ||
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For a summary of how to schedule a case conference, see [[How Do I Schedule a Family Case Conference for Hearing?]] It's located in the ''How Do I?'' part of this resource, in the section ''Other Litigation Issues.'' | For a summary of how to schedule a case conference, see [[How Do I Schedule a Family Case Conference for Hearing?]] It's located in the ''How Do I?'' part of this resource, in the section ''Other Litigation Issues.'' | ||
===The | ===The purposes of family case conferences=== | ||
The purpose of an FCC is to reach a settlement of any disputed parenting issues. Although [http://canlii.ca/t/85pb | The primary purpose of an FCC is to reach a settlement of any disputed parenting issues. Although [http://canlii.ca/t/85pb Rule 7] limits the circumstances in which an FCC can be ordered to parenting issues, it doesn't say that no other issues can be discussed at an FCC, and the judge may be prepared to deal with support issues as well. | ||
FCCs are relatively informal affairs, and most of the time everyone sits at a large table with the judge who is hearing the FCC. FCCs are private; under Rule 7(2) only the parties and their lawyers are allowed to be there. Under Rule 7(3), the judge may give permission for other people, including the parties' child, to attend. FCCs are held on an off-the-record basis, so that nothing said in the FCC can be used against anyone later on. | FCCs are relatively informal affairs, and most of the time everyone sits at a large table with the judge who is hearing the FCC. FCCs are private; under Rule 7(2) only the parties and their lawyers are allowed to be there. Under Rule 7(3), the judge may give permission for other people, including the parties' child, to attend. FCCs are held on an off-the-record basis, so that nothing said in the FCC can be used against anyone later on. | ||
Although different judges will handle FCCs in different ways, most of the time the judge will <span class="noglossary">act</span> like a mediator. Some judges will handle the FCC in a | Although different judges will handle FCCs in different ways, most of the time the judge will <span class="noglossary">act</span> like a mediator. Some judges will handle the FCC in a reserved, judicious manner. Others are more hands-on and will do everything they can to help the parties settle their issues, including: | ||
*scheduling a series of FCCs, | *scheduling a series of FCCs, | ||
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It is possible for some or all issues to be settled at a FCC. Where there are areas of agreement, the judge will make that order. Issues that can't be agreed upon will be left for further negotiation and further litigation. | It is possible for some or all issues to be settled at a FCC. Where there are areas of agreement, the judge will make that order. Issues that can't be agreed upon will be left for further negotiation and further litigation. | ||
[http://canlii.ca/t/85pb | [http://canlii.ca/t/85pb Rule 7(4)] lists the things a judge can do at a FCC: | ||
<blockquote><tt>The judge at the family case conference may do one or more of the following:</tt></blockquote> | <blockquote><tt>The judge at the family case conference may do one or more of the following:</tt></blockquote> | ||
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<blockquote><blockquote><tt>(n) make any other order or give any direction that the judge considers appropriate.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(n) make any other order or give any direction that the judge considers appropriate.</tt></blockquote></blockquote> | ||
Although that last item, "make any other order or give any direction that the judge considers appropriate," sounds pretty all-encompassing and all-powerful, in practice the court rarely makes orders that one or more | Although that last item, "make any other order or give any direction that the judge considers appropriate," sounds pretty all-encompassing and all-powerful, in practice the court rarely makes orders that one or more parties oppose. | ||
==Resources and links== | ==Resources and links== | ||
