Understanding the Legal System for Family Law Matters: Difference between revisions
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Understanding the Legal System for Family Law Matters (view source)
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====The Supreme Court==== | ====The Supreme Court==== | ||
The Supreme Court can deal with any legal claim and there is no limit to the court's authority, except for the limits set out in the court's procedural rules and in the Constitution. There are three kinds of judicial official in the Supreme Court: justices, masters, and registrars. Justices and | The Supreme Court can deal with any legal claim and there is no limit to the court's authority, except for the limits set out in the court's procedural rules and in the Constitution. There are three kinds of judicial official in the Supreme Court: justices, associate judges (which used to be called ''masters''), and registrars. Justices and associate judges deal with most family law problems, and only justices hear trials. | ||
There are two sets of rules in the Supreme Court: the [http://canlii.ca/t/8mcr Supreme Court Family Rules], which apply just to family law disputes, and the [http://canlii.ca/t/8lld Supreme Court Civil Rules], which apply to all other non-criminal disputes. Each set of rules has its own court forms. | There are two sets of rules in the Supreme Court: the [http://canlii.ca/t/8mcr Supreme Court Family Rules], which apply just to family law disputes, and the [http://canlii.ca/t/8lld Supreme Court Civil Rules], which apply to all other non-criminal disputes. Each set of rules has its own court forms. | ||
The Supreme Court is a trial court, like the Provincial Court, and an appeal court. The Supreme Court hears appeals from Provincial Court decisions, and justices of the Supreme Court hear appeals from | The Supreme Court is a trial court, like the Provincial Court, and an appeal court. The Supreme Court hears appeals from Provincial Court decisions, and justices of the Supreme Court hear appeals from associated judges' decisions. | ||
====The Court of Appeal==== | ====The Court of Appeal==== | ||
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==Court processes== | ==Court processes== | ||
All court processes start and end more or less the same way. You must file a particular form in court and serve the filed document on the other party. After being served, the other party has a certain number of days to file a reply. If the other party replies, there is a hearing. If the other party doesn't reply and you can prove that they were served, you can ask for a judgment in default. That's about it in a nutshell. The chapter on [[Resolving Family Law Problems in Court]], especially the | All court processes start and end more or less the same way. You must file a particular form in court and serve the filed document on the other party. After being served, the other party has a certain number of days to file a reply. If the other party replies, there is a hearing. If the other party doesn't reply and you can prove that they were served, you can ask for a judgment in default. That's about it in a nutshell. The chapter on [[Resolving Family Law Problems in Court]] (which starts with an overview of litigation in family law), but especially the chapters on [[Family Law Litigation in Supreme Court]] and [[Family Law Litigation in Provincial Court]] (which are continuously updated in the online version of ''JP Boyd on Family Law''), address these processes. | ||
In the Provincial Court, you generally start a court proceeding by filing an ''Application About a Family Law Matter'' in Form 3. The other party has 30 days after being served to file a ''Reply to an Application About a Family Law Matter'' in Form 6. Read [How Do I Start a Family Law Action in the Provincial Court?] in the Helpful Guides & Common Questions part of this resource for more information. | In the Provincial Court, you generally start a court proceeding by filing an ''Application About a Family Law Matter'' in Form 3. The other party has 30 days after being served to file a ''Reply to an Application About a Family Law Matter'' in Form 6. Read [How Do I Start a Family Law Action in the Provincial Court?] in the Helpful Guides & Common Questions part of this resource for more information. |