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Difference between revisions of "Applying for an Interim Order in a Family Law Case in Supreme Court"
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Applying for an Interim Order in a Family Law Case in Supreme Court (view source)
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{{REVIEWEDPLS | reviewer = [https:// | {{REVIEWEDPLS | reviewer = [https://www.watsongoepel.com/people/shelagh-c-kinney/ Shelagh Kinney], Watson Goepel|date= March 2020}} {{Dial-A-Law TOC|expanded = disputes}} | ||
A person involved in a family law case may need to get a temporary court order — known as an '''interim order''' — to deal with short-term, important, or urgent issues. Learn the process for making an interim application in Supreme Court. | A person involved in a family law case may need to get a temporary court order — known as an '''interim order''' — to deal with short-term, important, or urgent issues. Learn the process for making an interim application in Supreme Court. | ||
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[http://canlii.ca/t/8mcr The BC Supreme Court has rules] that set out the process for applying for an interim order. | [http://canlii.ca/t/8mcr The BC Supreme Court has rules] that set out the process for applying for an interim order. | ||
In a family law case, there are typically two people involved in an application: the person making it (the | In a family law case, there are typically two people involved in an application: the person making it (the applicant) and the person replying to it (the respondent). They are the parties in the case. | ||
Let’s assume you’re the '''applicant'''. You start the process by filling out a '''notice of application'''. Then, you '''file''' this form and some supporting documents in court. After that, you need to arrange to serve the documents on the respondent. | Let’s assume you’re the '''applicant'''. You start the process by filling out a '''notice of application'''. Then, you '''file''' this form and some supporting documents in court. After that, you need to arrange to serve the documents on the respondent. | ||
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===Step 1. Prepare the notice of application=== | ===Step 1. Prepare the notice of application=== | ||
The applicant — let’s say it’s you — starts the process by preparing a '''notice of application'''. The court has a specific form that must be used, | The applicant — let’s say it’s you — starts the process by preparing a '''notice of application'''. The court has a specific form that must be used, form F31. This form tells the court what order you want and sets out the court date for the application hearing. It also explains the facts in support of the application and why the court should make that order. | ||
You also prepare an '''affidavit''' in | You also prepare an '''affidavit''' in form F30 in support of your application. An affidavit is a legal document in which a person makes statements they swear are true. You may also need to prepare other supporting documents depending on the type of order you’re seeking. | ||
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|align="left"|'''Tip''' | |align="left"|'''Tip''' | ||
If you can’t afford the Supreme Court filing fees, you can ask the court to waive them. The Family Law | If you can’t afford the Supreme Court filing fees, you can ask the court to waive them. The Family Law website from Legal Aid BC has [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/supreme-court/get-order-waive-fees#0 a free step-by-step guide for getting an order to waive fees in Supreme Court]. | ||
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|align="left"|'''Tip''' | |align="left"|'''Tip''' | ||
The Family Law | The Family Law website from Legal Aid BC has step-by-step guides on preparing and responding to an interim application. The guides include [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/supreme-court/get-interim-family-order-supreme-court-if#5 instructions on how to prepare an application record]. | ||
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Neither party testifies during the hearing, nor can either party ask the other questions. The evidence is given to the court through the affidavits in the application record. | Neither party testifies during the hearing, nor can either party ask the other questions. The evidence is given to the court through the affidavits in the application record. | ||
====The court’s decision==== | |||
After looking at the documents and listening to both parties’ submissions, the judge or master makes a decision. They may make all, some, or none of the orders the applicant is asking for. | |||
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|align="left"|'''Tip''' | |align="left"|'''Tip''' | ||
The | The Supreme Court BC Online Help Guide from Justice Education Society has [https://www.supremecourtbc.ca/family/tips-for-parents videos on how to present your own case in chambers]. | ||
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===Step 7. The interim order is filed in court=== | ===Step 7. The interim order is filed in court=== | ||
If either party has a lawyer, the lawyer usually prepares and files the written '''interim | If either party has a lawyer, the lawyer usually prepares and files the written '''interim orde'''r made by the judge or master. If neither party has a lawyer, the successful party prepares and files the written order in court. | ||
The order is in place from the moment the judge or master gives their decision. The order stays in place until the court makes another interim order on the same subject, or until the overall case is resolved by a trial or a settlement. | The order is in place from the moment the judge or master gives their decision. The order stays in place until the court makes another interim order on the same subject, or until the overall case is resolved by a trial or a settlement. | ||
