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Difference between revisions of "Interim Applications in Family Matters"

From Clicklaw Wikibooks
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===When to make an application===
===When to make an application===


Generally speaking, interim applications are only brought after the respondent has had a chance to file his or her Response to Family Claim and a Judicial Case Conference has been held. Applications can be brought earlier than this — sometimes on the same day that the court proceeding is started — when there is a very urgent problem that needs to be resolved immediately, as might be the case if a parent is threatening to leave the country with the children or torch the family home.
Generally speaking, interim applications are only brought after the respondent has had a chance to file his or her Response to Family Claim and a judicial case conference has been held. Applications can be brought earlier than this — sometimes on the same day that the court proceeding is started — when there is a very urgent problem that needs to be resolved immediately, as might be the case if a parent is threatening to leave the country with the children or torch the family home.


[http://canlii.ca/t/8mcr Supreme Court Family Rule 7-1(3)] sets out the exceptions to the requirement that a JCC be held before any applications can be brought:
[http://canlii.ca/t/8mcr Supreme Court Family Rule 7-1(3)] sets out the exceptions to the requirement that a JCC be held before any applications can be brought:
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