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Difference between revisions of "The Court System for Family Matters"
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The Court System for Family Matters (view source)
Revision as of 06:24, 27 March 2013
, 06:24, 27 March 2013→Court Proceedings
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#the Supreme Court hears appeals from decisions of the Provincial Court. | #the Supreme Court hears appeals from decisions of the Provincial Court. | ||
===Court | ===Court proceedings=== | ||
The Supreme Court has special rules just for family law proceedings, the Supreme Court Family Rules. If you are involved in a proceeding before the Supreme Court, you should try to read and understand these rules. The rules of court govern every aspect of a Supreme Court case, from starting a court proceeding to scheduling a trial. They set out important deadlines and limitations, and say what court forms must be used for which purpose. | The Supreme Court has special rules just for family law proceedings, the [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/169_2009_00 Supreme Court Family Rules]. If you are involved in a proceeding before the Supreme Court, you should try to read and understand these rules. The rules of court govern every aspect of a Supreme Court case, from starting a court proceeding to scheduling a trial. They set out important deadlines and limitations, and say what court forms must be used for which purpose. | ||
====Procedure==== | ====Procedure==== | ||
Most Supreme Court family law proceedings are started by | Most Supreme Court family law proceedings are started by filling in court a Notice of Family Claim in Form F3. The person who starts a proceeding by a Notice of Family Claim is the ''claimant'', and the person against whom the claim is brought is the ''respondent''. | ||
In certain unusual cases, a proceeding can also be started by filing in court a | In certain unusual cases, a proceeding can also be started by filing in court a Petition in Form F73. Someone starting a proceeding with a Petition is the ''petitioner'', and the other party is the ''petition respondent''. | ||
Notices of Family Claim and Petitions must be be personally served on the other party by an adult other than the claimant or petitioner. | Notices of Family Claim and Petitions must be be personally served on the other party by an adult other than the claimant or petitioner. | ||
A respondent may reply to a Notice of Family Claim by filing a | A respondent may reply to a Notice of Family Claim by filing a Response to Family Claim in Form F4. A respondent who does not file a Response to Family Claim is not entitled to notice of further hearings in the case. The respondent may also file a Counterclaim in Form F5. A counterclaim is the respondent's own claim against the applicant. | ||
In general, before anyone can do anything else, the parties must attend a judicial case conference. A judicial case conference is a private meeting between the parties, their lawyers and a master or judge to talk about the legal issues and see whether any of them can be settled. The master or judge who hears a judicial case conference cannot make orders, except for procedural orders, without the parties' agreement. | In general, before anyone can do anything else, the parties must attend a judicial case conference. A judicial case conference is a private meeting between the parties, their lawyers and a master or judge to talk about the legal issues and see whether any of them can be settled. The master or judge who hears a judicial case conference cannot make orders, except for procedural orders, without the parties' agreement. | ||
Interim applications, applications for temporary orders, can be made by filing a | Interim applications, applications for temporary orders, can be made by filing a Notice of Application in Form F31 and an Affidavit in Form F30. An affidavit is a person's written evidence, which the person swears is true before a lawyer, notary public or court staff member able to take oaths. The person making an application is the ''applicant''; the person against whom an application is brought is the ''application respondent''. An application respondent may reply to a Notice of Application by filing an Application Response in Form F32 and an Affidavit within five business days after service of the Notice of Application. | ||
Applications to change final orders are made by filing a Notice of Application in Form F31 and an Affidavit in Form F30 and serving them on the other parties. The process works like the process for interim applications, except that the application respondent has 14 business days to reply. | Applications to change final orders are made by filing a Notice of Application in Form F31 and an Affidavit in Form F30 and serving them on the other parties. The process works like the process for interim applications, except that the application respondent has 14 business days to reply. | ||
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====Appeals==== | ====Appeals==== | ||
Interim orders of masters may be appealed to a justice of the Supreme Court. A party appealing the order of a master must file a | Interim orders of masters may be appealed to a justice of the Supreme Court. A party appealing the order of a master must file a Notice of Appeal in Form F98 within 14 days of the order. | ||
Interim and final orders of justices of the Supreme Court are appealed to the Court of Appeal and must be brought within 30 days of the date of the order. Appeals to the Court of Appeal proceed under the Court of Appeal's rules of court and court forms. | Interim and final orders of justices of the Supreme Court are appealed to the Court of Appeal and must be brought within 30 days of the date of the order. Appeals to the Court of Appeal proceed under the Court of Appeal's rules of court and court forms. | ||
