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Difference between revisions of "Starting a Court Proceeding in a Family Matter"
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Starting a Court Proceeding in a Family Matter (view source)
Revision as of 00:04, 29 March 2013
, 00:04, 29 March 2013→The next steps
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The steps which follow the commencement of a proceeding in the Provincial Court are a simplified version of the Supreme Court process. There are fewer hoops to jump through, but also fewer means to extract information and documents from the other side. | The steps which follow the commencement of a proceeding in the Provincial Court are a simplified version of the Supreme Court process. There are fewer hoops to jump through, but also fewer means to extract information and documents from the other side. | ||
<blockquote>'''1. Meet with a Family Justice Counsellor and take the Parenting After Separation Program.''' Family Justice Counsellors can provide information that may help to resolve the court proceeding; they can also serve as mediators if both parties are prepared to try mediation. The Parenting After Separation program is very useful to take, and you should seriously consider taking the course even if it isn't required in your court registry. The program is available online at | <blockquote>'''1. Meet with a Family Justice Counsellor and take the Parenting After Separation Program.''' Family Justice Counsellors can provide information that may help to resolve the court proceeding; they can also serve as mediators if both parties are prepared to try mediation. The Parenting After Separation program is very useful to take, and you should seriously consider taking the course even if it isn't required in your court registry. The program is available online at http://http://parenting.familieschange.ca. The online course does not replace the need to attend an in-person course if that is otherwise required.</blockquote> | ||
<blockquote>'''2. Exchange Financial Statements.''' Financial Statements are required whenever the payment of child support or spousal support is an issue. Financial Statements are prepared in Form 4.</blockquote> | <blockquote>'''2. Exchange Financial Statements.''' Financial Statements are required whenever the payment of child support or spousal support is an issue. Financial Statements are prepared in Form 4.</blockquote> | ||
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<blockquote>'''3. Have a Family Case Conference.''' This is a hearing similar to the Judicial Case Conference required by the Supreme Court. It is an informal, off-the-record meeting between the parties, their lawyers and a judge to talk about the facts and issues, and set dates and deadlines for the remaining steps in the court proceeding. Although FCCs are very helpful and often result in settlement, FCCs only address issues about the care of children and are not mandatory unless you have been referred to an FCC by a judge. If you think an FCC will help resolve your case, ask for one!</blockquote> | <blockquote>'''3. Have a Family Case Conference.''' This is a hearing similar to the Judicial Case Conference required by the Supreme Court. It is an informal, off-the-record meeting between the parties, their lawyers and a judge to talk about the facts and issues, and set dates and deadlines for the remaining steps in the court proceeding. Although FCCs are very helpful and often result in settlement, FCCs only address issues about the care of children and are not mandatory unless you have been referred to an FCC by a judge. If you think an FCC will help resolve your case, ask for one!</blockquote> | ||
<blockquote>'''4. Make interim applications as needed.''' In almost all family law proceedings, the parties need the court to decide certain issues on a temporary basis until the trial can be heard. Typically, people need orders about things like where the children will live and whether should be paid until trial. The most common applications in family law involve restraining orders, orders about the care of children, child support and spousal support. The process for bringing interim applications is discussed in detail in the | <blockquote>'''4. Make interim applications as needed.''' In almost all family law proceedings, the parties need the court to decide certain issues on a temporary basis until the trial can be heard. Typically, people need orders about things like where the children will live and whether should be paid until trial. The most common applications in family law involve restraining orders, orders about the care of children, child support and spousal support. The process for bringing interim applications is discussed in detail in this chapter under the page on [[Interim Applications in Family Matters]].</blockquote> | ||
<blockquote>'''5. Have a Trial Preparation Conference.''' A TPC is a formal hearing before a judge designed to fix the schedule of events at the trial and resolve as many disputes about evidence before trial as possible. Among other things, the judge will ask about the witnesses each party intends to present, whether documents have been exchanged, and anything else that can be dealt with to help make sure the trial will go ahead and be completed within the time available. A TPC is generally not an opportunity to engage in settlement discussions.</blockquote> | <blockquote>'''5. Have a Trial Preparation Conference.''' A TPC is a formal hearing before a judge designed to fix the schedule of events at the trial and resolve as many disputes about evidence before trial as possible. Among other things, the judge will ask about the witnesses each party intends to present, whether documents have been exchanged, and anything else that can be dealt with to help make sure the trial will go ahead and be completed within the time available. A TPC is generally not an opportunity to engage in settlement discussions.</blockquote> | ||