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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)
Revision as of 20:56, 18 November 2014
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The applicant and the application respondent should prepare exact copies of the Application Record for themselves. The application respondent will make his or her copy using the index that was sent by the applicant. | The applicant and the application respondent should prepare exact copies of the Application Record for themselves. The application respondent will make his or her copy using the index that was sent by the applicant. | ||
The hearing | ==The hearing== | ||
Judges and Masters hear interim applications in chambers, a public courtroom where all of the interim applications set for that day are heard. (Rule 10-6 says how interim applications are filed in court and schedule for a hearing in chambers. Rule 10-4 talks about how affidavits are prepared, and Rule 10-3 talks about the hearing process.) | Judges and Masters hear interim applications in chambers, a public courtroom where all of the interim applications set for that day are heard. (Rule 10-6 says how interim applications are filed in court and schedule for a hearing in chambers. Rule 10-4 talks about how affidavits are prepared, and Rule 10-3 talks about the hearing process.) | ||
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It is important to know that the judge will only consider the facts that are stated in the affidavits. Neither the applicant nor the application respondent will be testifying during the hearing, and neither the applicant nor the application respondent will be able to ask each other questions. All of the evidence is provided through the affidavits in the Application Record. | It is important to know that the judge will only consider the facts that are stated in the affidavits. Neither the applicant nor the application respondent will be testifying during the hearing, and neither the applicant nor the application respondent will be able to ask each other questions. All of the evidence is provided through the affidavits in the Application Record. | ||
The decision | ==The decision== | ||
After reviewing the documents and listening to the parties’ arguments, the judge or master will make an order. The court may make all, some or none of the orders that the applicant is asking for. | After reviewing the documents and listening to the parties’ arguments, the judge or master will make an order. The court may make all, some or none of the orders that the applicant is asking for. | ||
The written order | ==The written order== | ||
If one of the parties is represented by a lawyer, the lawyer will prepare the written interim order from the judge’s decision and file it in court. If neither party has a lawyer, a court clerk will prepare the written order. | If one of the parties is represented by a lawyer, the lawyer will prepare the written interim order from the judge’s decision and file it in court. If neither party has a lawyer, a court clerk will prepare the written order. | ||
It is important to know that the order is in force from the moment the judge or master gives his or her decision, not from the date the written order is prepared, and that the interim order will remain in force until the court makes another interim order on the same subject or until the family law case is resolved by a trial or a settlement. | It is important to know that the order is in force from the moment the judge or master gives his or her decision, not from the date the written order is prepared, and that the interim order will remain in force until the court makes another interim order on the same subject or until the family law case is resolved by a trial or a settlement. | ||
Summary | ==Summary== | ||
The applicant begins an interim application by filing a Notice of Application and supporting affidavits in court and serving those materials on the application respondent at least eight business days before the date set for the hearing. | The applicant begins an interim application by filing a Notice of Application and supporting affidavits in court and serving those materials on the application respondent at least eight business days before the date set for the hearing. | ||
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The interim order is in force from the moment of the judge or master’s decision and remains in force until another interim order is made or until the family law case is resolved. | The interim order is in force from the moment of the judge or master’s decision and remains in force until another interim order is made or until the family law case is resolved. | ||
More information | ==More information== | ||
Much more information on this complicated topic is available on several websites, including: | Much more information on this complicated topic is available on several websites, including: | ||
The Justice Education Society’s “Court Tips for Parents” at www.courttips.ca has instructional videos on presenting a case in chambers. | *The Justice Education Society’s “Court Tips for Parents” at www.courttips.ca has instructional videos on presenting a case in chambers. | ||
The Vancouver Justice Access Centre's Self-Help and Information Services at www.supremecourtselfhelp.bc.ca. Also, see the Court’s home page at www.courts.gov.bc.ca/supreme_court with a link to Court Services Online. | *The Vancouver Justice Access Centre's Self-Help and Information Services at www.supremecourtselfhelp.bc.ca. Also, see the Court’s home page at www.courts.gov.bc.ca/supreme_court with a link to Court Services Online. | ||
The Legal Services Society’s Family Law in British Columbia website at www.familylaw.lss.bc.ca—see the self-help guides. | *The Legal Services Society’s Family Law in British Columbia website at www.familylaw.lss.bc.ca—see the self-help guides. | ||
The Justice Education Society at www.justiceeducation.ca—click on “Self-Help”, then on “Guidebooks for Representing Yourself in Supreme court”. | *The Justice Education Society at www.justiceeducation.ca—click on “Self-Help”, then on “Guidebooks for Representing Yourself in Supreme court”. | ||
The wikibook JP Boyd on Family Law, from Courthouse Libraries BC, has a helpful description of the interim application process and links to the applicable rules and court forms at [http://wiki.clicklaw.bc.ca/index.php/Interim_Applications_in_Family_Matters wiki.clicklaw.bc.ca/index.php/Interim_Applications_in_Family_Matters]. | *The wikibook JP Boyd on Family Law, from Courthouse Libraries BC, has a helpful description of the interim application process and links to the applicable rules and court forms at [http://wiki.clicklaw.bc.ca/index.php/Interim_Applications_in_Family_Matters wiki.clicklaw.bc.ca/index.php/Interim_Applications_in_Family_Matters]. | ||