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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 01:20, 25 February 2013
, 01:20, 25 February 2013→Family Case Conferences
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==Family Case Conferences== | ==Family Case Conferences== | ||
There are two big differences between | 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 a FCC=== | ===Applying for a FCC=== | ||
Under Rule 7(1), a judge may order the parties to attend | Under Rule 7(1), a judge may order the parties to attend an FCC where the case involves contested claims for custody, guardianship or access. Applications 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 | 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's obvious that you've asked for the FCC to obstruct the hearing of trial or an interim application; | #it's obvious that you've asked for the FCC to obstruct the hearing of trial or an interim application; | ||
there's already been an FCC heard in your case and there's nothing to suggest that a new FCC will have a better chance of success; or, | #there's already been an FCC heard in your case and there's nothing to suggest that a new FCC will have a better chance of success; or, | ||
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 FCC=== | ===Scheduling a FCC=== | ||
FCCs are booked by the judicial case manager, and if you get an order for | 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 JCM to get a date set up. Like JCCs, it is good idea to pick a date on which everyone is available to attend. | ||
The JCM will fix the date for the FCC on the spot and give you a slip with the date and time on it. | The JCM will fix the date for the FCC on the spot and give you a slip with the date and time on it. | ||
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===The Purpose of FCCs=== | ===The Purpose of FCCs=== | ||
The purpose of | The purpose of an FCC is to reach a settlement of any disputed parenting issues. Although 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. | ||
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Although different judges will handle FCCs in different ways, most of the time the judge will act like a mediator. Some judges will handle the FCC in a very proper, judicious manner. Others are more hands-on and will do everything they can to help the parties settle their issues, including: | Although different judges will handle FCCs in different ways, most of the time the judge will act like a mediator. Some judges will handle the FCC in a very proper, 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; | ||
speaking directly to the children; | #speaking directly to the children; | ||
ordering or recommending views of the child reports; and, | #ordering or recommending views of the child reports; and, | ||
asking important third | #asking important third parties, like a new spouse or a half-sibling, to attend a future FCC. | ||
At the FCC, each side will have the opportunity to tell their story and explain why they want what they're asking for. Most of the time, the lawyers for each party will state their understanding of the facts and why their clients should have what they're looking for, and the clients will be asked if they have anything to add. Frankly, FCCs usually work best when the parties are able their own views and concerns freely. | At the FCC, each side will have the opportunity to tell their story and explain why they want what they're asking for. Most of the time, the lawyers for each party will state their understanding of the facts and why their clients should have what they're looking for, and the clients will be asked if they have anything to add. Frankly, FCCs usually work best when the parties are able their own views and concerns freely. | ||
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The judge at the family case conference may do one or more of the following: | The judge at the family case conference may do one or more of the following: | ||
(a) mediate any of the issues in dispute; | |||
(b) decide any issues that do not require evidence; | <blockquote><tt>(a) mediate any of the issues in dispute;</tt></blockquote> | ||
(c) with consent of the parties, refer any issues to mediation with a private mediator; | <blockquote><tt>(b) decide any issues that do not require evidence;</tt></blockquote> | ||
(d) if the regional manager has advised the court in writing that the person or program is readily available to the parties, refer the parties to a family justice counsellor or to a person designated by the Attorney General to provide specialized maintenance assistance; | <blockquote><tt>(c) with consent of the parties, refer any issues to mediation with a private mediator;</tt></blockquote> | ||
(e) adjourn the case for purposes of mediation under paragraph (c) or a referral under paragraph (d); | <blockquote><tt>(d) if the regional manager has advised the court in writing that the person or program is readily available to the parties, refer the parties to a family justice counsellor or to a person designated by the Attorney General to provide specialized maintenance assistance;</tt></blockquote> | ||
(f) make an order to which all of the parties consent; | <blockquote><tt>(e) adjourn the case for purposes of mediation under paragraph (c) or a referral under paragraph (d);</tt></blockquote> | ||
(g) direct that any or all applications must be made within a set time; | <blockquote><tt>(f) make an order to which all of the parties consent;</tt></blockquote> | ||
(h) direct the parties to attend a further family case conference, setting a date for that conference; | <blockquote><tt>(g) direct that any or all applications must be made within a set time;</tt></blockquote> | ||
(i) set a date for a trial preparation conference under rule 8; | <blockquote><tt>(h) direct the parties to attend a further family case conference, setting a date for that conference;</tt></blockquote> | ||
(j) make any order that may be made at a trial preparation conference under rule 8 (4); | <blockquote><tt>(i) set a date for a trial preparation conference under rule 8;</tt></blockquote> | ||
(k) if the judge does not set a date for a further family case conference or for a trial preparation conference, set a trial date for the matter or set a date for a trial that is restricted to issues defined by the parties; | <blockquote><tt>(j) make any order that may be made at a trial preparation conference under rule 8 (4);</tt></blockquote> | ||
(l) make an interim or final order requested in an application, reply or notice of motion; | <blockquote><tt>(k) if the judge does not set a date for a further family case conference or for a trial preparation conference, set a trial date for the matter or set a date for a trial that is restricted to issues defined by the parties;</tt></blockquote> | ||
(m) without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing or trial; | <blockquote><tt>(l) make an interim or final order requested in an application, reply or notice of motion;</tt></blockquote> | ||
(n) make any other order or give any direction that the judge considers appropriate. | <blockquote><tt>(m) without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing or trial;</tt></blockquote> | ||
<blockquote><tt>(n) make any other order or give any direction that the judge considers appropriate.</tt></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 party opposes. | 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 party opposes. | ||
