Difference between revisions of "Responding to a Court Proceeding in a Family Matter"
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If you are being sued in the Supreme Court, you are the ''respondent'' in a court proceeding that has been started by the ''claimant''. If you disagree with any of the orders the claimant is asking for, you must prepare a Response to Family Claim. You can also prepare a Counterclaim if there is an order you would like to ask for. These documents, together with the claimant's Notice of Family Claim, are called pleadings. | If you are being sued in the Supreme Court, you are the ''respondent'' in a court proceeding that has been started by the ''claimant''. If you disagree with any of the orders the claimant is asking for, you must prepare a Response to Family Claim. You can also prepare a Counterclaim if there is an order you would like to ask for. These documents, together with the claimant's Notice of Family Claim, are called pleadings. | ||
The primary [http://canlii.ca/t/8mcr Supreme Court Family Rules] | The primary [http://canlii.ca/t/8mcr Supreme Court Family Rules] dealing with responding to a family claim, preparing a Counterclaim, replying to a court proceeding, and trials are: | ||
*Rule 1-1: definitions | *Rule 1-1: definitions | ||
*Rule 3-1: starting a court proceeding | *Rule 3-1: starting a court proceeding | ||
*Rule 4-3: | *Rule 4-3: responding to a claim | ||
*Rule 4-4: | *Rule 4-4: making a counterclaim | ||
*Rule 5-1: financial disclosure | *Rule 5-1: financial disclosure | ||
*Rule 6-2: ordinary service | *Rule 6-2: ordinary service | ||
*Rule 7-1: | *Rule 7-1: Judicial Case Conferences | ||
*Part 9: disclosure and discovery of documents | *Part 9: disclosure and discovery of documents | ||
*Part 10: interim applications and chambers procedure | *Part 10: interim applications and chambers procedure | ||
*Rule 11-4: discontinuing a court proceeding and withdrawing a | *Rule 11-4: discontinuing a court proceeding and withdrawing a response to one | ||
*Part 13: expert witnesses | *Part 13: expert witnesses | ||
*Rule 11-3: summary trial procedure | *Rule 11-3: summary trial procedure | ||
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*Rule 15-2.1: guardianship orders | *Rule 15-2.1: guardianship orders | ||
Links to and examples of the Response to Family Claim, Counterclaim and other court forms can be found in [[Supreme Court Forms (Family Law)|Supreme Court Forms & Examples]]. For a quick introduction to how to reply to a proceeding, see [[How Do I Respond to a Family Law Action in the Supreme Court?]] It's located | Links to and examples of the Response to Family Claim, Counterclaim and other court forms can be found in [[Supreme Court Forms (Family Law)|Supreme Court Forms & Examples]]. For a quick introduction to how to reply to a proceeding, see [[How Do I Respond to a Family Law Action in the Supreme Court?]]. It's located in the ''How Do I?'' part of this resource. | ||
===Quick tips: Defending an action in the Supreme Court=== | ===Quick tips: Defending an action in the Supreme Court=== | ||
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===The next steps=== | ===The next steps=== | ||
Even though you have decided to contest the claimant's claims, this does not necessarily mean you will wind up in a trial. One of three things is going to happen in your court proceeding: | |||
#You'll settle your disagreement out of court, and come up with either a separation agreement or an order that you both agree the court should make, called a consent order. | #You'll settle your disagreement out of court, and come up with either a separation agreement or an order that you both agree the court should make, called a consent order. | ||
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==The Provincial Court== | ==The Provincial Court== | ||
If a court proceeding has been started against you in the Provincial Court, you are the ''respondent'' in the proceeding. The person who started the court proceeding is the ''applicant''. If you agree with the orders the applicant is asking for, doing nothing is the quickest way to handle things. On the other hand, if you only partly agree or if you completely disagree with what the applicant is asking for, you must prepare a Reply. | If a court proceeding has been started against you in the Provincial Court, you are the ''respondent'' in the proceeding. The person who started the court proceeding is the ''applicant''. If you agree with the orders the applicant is asking for, doing nothing is the quickest way to handle things. On the other hand, if you only partly agree or if you completely disagree with what the applicant is asking for, you must prepare a ''Reply''. | ||
The primary [http://canlii.ca/t/85pb Provincial Court (Family) Rules] about Replies, defending a court proceeding and trials are: | The primary [http://canlii.ca/t/85pb Provincial Court (Family) Rules] about Replies, defending a court proceeding and trials are: | ||