Interim Applications in Family Matters: Difference between revisions

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Interim Applications in Family Matters (view source)

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{{OKSUBSTANTIVE}}
{{OKSUBSTANTIVE}}
{{JP Boyd on Family Law TOC|expanded = incourt}}
{{JP Boyd on Family Law TOC|expanded = incourt}}
{{LSSbadge
|resourcetype = a self-help guide on <br/>
|link        = [http://www.familylaw.lss.bc.ca/guides/interim/cantAgree/supreme/index.php applying and responding to <br/> applications for interim orders <br/>in Supreme Court]
}}


Once a court proceeding has started, it's usually necessary to get one or more short-term orders about important issues like where the children will live or whether spousal support ought to be paid. Issues like these can't wait until trial and need to be dealt with immediately, although they'll only be dealt with on a temporary, interim basis pending trial. To get short term orders like these, you must make an ''interim application'' in court.
Once a court proceeding has started, it's usually necessary to get one or more short-term orders about important issues like where the children will live or whether spousal support ought to be paid. Issues like these can't wait until trial and need to be dealt with immediately, although they'll only be dealt with on a temporary, interim basis pending trial. To get short term orders like these, you must make an ''interim application'' in court.
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|link        = [http://www.familylaw.lss.bc.ca/resources/court_forms.php#A Application Record index<br/> and cover page]
|link        = [http://www.familylaw.lss.bc.ca/resources/court_forms.php#A Application Record index<br/> and cover page]
}}  
}}  
<!---NEED TO PLACE REFERENCE TO JP'S APPLICATION RECORD RESOURCES HERE--->
===The hearing===
The chambers courtroom will open at 9:45am. Everyone who is going to be heard that day will walk up to the front of the courtroom and sign in with the court clerk, identifying themselves by their names and their number on the court list.


===The Hearing===
The court list will be posted somewhere outside the courtroom, and another copy is usually available in the courtroom. All the applications that are going to be heard that day are listed on this list, but in no particular order. Limited parts of the court lists are posted online for that day only at https://eservice.ag.gov.bc.ca/cso/courtLists.do.


The chambers courtroom will open at 9:45am. Everyone who is going to be heard that day will walk up to the front of the courtroom and sign in with the court clerk, identifying themselves by their names and their number on the court list. (The court list will be posted somewhere outside the courtroom, and another copy is usually available in the courtroom. All the applications that are going to be heard that day are listed on this list, but in no particular order.) The judge or master will enter the courtroom at 10:00am and will expect to begin hearing applications right away — don't forget to stand when the judge or master enters the courtroom! The court clerk will call each application by its number on the court hearing list and by the last names of the parties involved.
The judge or master will enter the courtroom at 10:00am and will expect to begin hearing applications right away — don't forget to stand when the judge or master enters the courtroom! The court clerk will call each application by its number on the court hearing list and by the last names of the parties involved.


When a case is called by the court clerk, the parties will walk up to the front of the court and identify themselves to the judge — for example, "I am Barbara Brown, and this is my application" or "I am Lucy Chiu, and I am responding to the application."  
When a case is called by the court clerk, the parties will walk up to the front of the court and identify themselves to the judge — for example, "I am Barbara Brown, and this is my application" or "I am Lucy Chiu, and I am responding to the application."  


The Applicant will address the judge first, and present his or her case, explaining:
The applicant will address the judge first, and present his or her case, explaining:


#what orders the Applicant is asking the judge to make;
*what orders the Applicant is asking the judge to make,
#why the judge can make the orders the Applicant is asking for; and,
*why the judge can make the orders the Applicant is asking for, and
#the facts which motivated the application.
*the facts which motivated the application.


The Application Respondent will then present his or her side of the case and explain why the judge shouldn't make the orders the Applicant is asking for. The Applicant will then have a chance to briefly answer the Application Respondent's argument. The Application Respondent may have the opportunity to address the Applicant's answer, but not every judge or master will permit this. As well, the judge or master may ask the Applicant and Application Respondent questions during their presentations to clarify things.
The application respondent will then present his or her side of the case and explain why the judge shouldn't make the orders the applicant is asking for. The applicant will then have a chance to briefly answer the application respondent's argument. The application respondent may have the opportunity to address the applicant's answer, but not every judge or master will permit this. As well, the judge or master may ask the applicant and application respondent questions during their presentations to clarify things.


A discussion of courtroom protocol is available in the How Do I ? chapter of this website.
A discussion of courtroom protocol is available in [[How Do I Conduct Myself in Court at an Application?]].


After the judge or master has heard everyone's arguments, the judge or master will give his or decision. Sometimes the judge or master will ask the parties to come back later for the decision. This called a ''reserved decision''.
After the judge or master has heard everyone's arguments, the judge or master will give his or decision. Sometimes the judge or master will ask the parties to come back later for the decision. This called a ''reserved decision''.


===After The Hearing===
===After The hearing===


It is usually the job of the Applicant's lawyer to turn whatever the judge or master has decided into a written order. If the Applicant doesn't have a lawyer, the lawyer for the Application Respondent will take care of it. If neither party has a lawyer, a court clerk will usually prepare and enter the order.
It is usually the job of the applicant's lawyer to turn whatever the judge or master has decided into a written order. If the applicant doesn't have a lawyer, the lawyer for the application respondent will take care of it. If neither party has a lawyer, a court clerk will usually prepare and enter the order.


The registry staff will ''enter'' the order in the court's book of orders by checking the draft order prepared by the lawyer against the notes the court clerk made during the hearing. Assuming the registry approves of the form of the draft order and it matches the clerk's notes, the order will be signed and stamped by the registry and added to the book of orders.
The registry staff will ''enter'' the order in the court's book of orders by checking the draft order prepared by the lawyer against the notes the court clerk made during the hearing. Assuming the registry approves of the form of the draft order and it matches the clerk's notes, the order will be signed and stamped by the registry and added to the book of orders.


It is important to know that although the entered, stamped order is the "official" order of the court, the order is binding on both parties from the moment the judge or master makes the order, and each party must start behaving according to the terms of the order right away, whether it takes a day or a month to enter the order.
It is important to know that although the entered, stamped order is the ''official'' order of the court, the order is binding on both parties from the moment the judge or master makes the order, and each party must start behaving according to the terms of the order right away, whether it takes a day or a month to enter the order.


===Timelines===
===Timelines===
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