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Difference between revisions of "Court Procedures in Family Law (3:XV)"
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Court Procedures in Family Law (3:XV) (view source)
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*to settle the terms of an order; | *to settle the terms of an order; | ||
*to extend a time limit; | *to extend a time limit; | ||
*to change or cancel an ''ex parte'' order; | |||
*to have a file transferred; | |||
*to have disclosure; or | |||
*to obtain directions on procedures not in the ''Provincial (Family) Court Rules''. | |||
Different Provincial Court Registries have different procedures regarding evidence at interim hearings. Some allow Affidavits and others require leave to produce and file an Affidavit and prefer viva voce evidence. Be sure to check the procedure at the Registry in question before filing materials. | |||
==== k) Trial ==== | |||
Provincial (Family) Court trial is an adversarial proceeding. Clients are there to give the judge enough facts so that he or she can make a decision about the application. However, the judge often gets involved in the presentation of evidence, especially where one party is not represented by counsel. | |||
==== l) Procedure for Enforcement of Custody Orders ==== | |||
An Application Form (Form 21) and copy of the custody order must be filed in the registry. | |||
==== m) Procedure for Enforcement of Support Orders ==== | |||
The most effective and simplest method of enforcing Support Orders is to register with the Family Support Enforcement Program. For more information call or write the Enrolment Office, Box 5789, Victoria, BC, V8R 6S8; telephone: (250) 356-8889, toll-free: 1-800-663-7616. | |||
==== n) Orders ==== | |||
Orders come into effect on the day that they are made, unless the judge orders otherwise. If the party in whose favour the order is made is unrepresented, a clerk must prepare the order. Otherwise the favoured party’s lawyer will prepare the order. | |||
If there is a dispute about the terms of an order, a party may apply to a judge to have the dispute settled. Once an order is signed and approved, it must be given to the court registry to be signed by the judge and filed with the Court. Otherwise, the order is not enforceable. At any time, a judge may correct a clerical error in an order. | |||
==== o) Compliance with Provincial Court (Family) Rules ==== | |||
If any of the ''Provincial Court (Family) Rules'' (British Columbia) are not complied with, the judge may disregard the incorrect procedure or order, order the hearing or trial to continue as if the respondent were absent, or give any direction he or she thinks is fair. Please check the Cumulative Regulation Bulletin 2014 for any non-consolidated amendments to this regulation that may be in effect. | |||
