How Do I Make a Priority Parenting Matter Application in the Provincial Court?: Difference between revisions
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How Do I Make a Priority Parenting Matter Application in the Provincial Court? (view source)
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{{JP Boyd on Family Law How Do I TOC|expanded=imterim}} | |||
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{{ | ==When to make an application== | ||
==When to | |||
You can make an application any time after an Application to Obtain an Order has been filed. If the registry the action is filed in is a Family Justice Registry, you may have to meet with a Family Justice Counsellor before you can make your application. Where there is a genuine emergency however, you can make your application without having to first see the Family Justice Counsellor, and without having to give notice or very much notice to the other side. | You can make an application any time after an Application to Obtain an Order has been filed. If the registry the action is filed in is a Family Justice Registry, you may have to meet with a Family Justice Counsellor before you can make your application. Where there is a genuine emergency however, you can make your application without having to first see the Family Justice Counsellor, and without having to give notice or very much notice to the other side. | ||
==How to | ==How to make an application== | ||
The only court form you will need is a Notice of Motion (Form 16). Your Notice of Motion tells the court the orders that you want the court to make. | The only court form you <span class="noglossary">will</span> need is a Notice of Motion (Form 16). Your Notice of Motion tells the court the orders that you want the court to make. | ||
You must file your Notice of Motion in the court registry where the Application to Obtain an Order was filed. The court registry staff may book a date for the hearing of your application right there or they may want you to go to a first appearance hearing with the other side before booking the date. The hearing date will be written on your Notice of Motion. | You must file your Notice of Motion in the court registry where the Application to Obtain an Order was filed. The court registry staff may book a date for the hearing of your application right there or they may want you to go to a first appearance hearing with the other side before booking the date. The hearing date <span class="noglossary">will</span> be written on your Notice of Motion. | ||
You must serve the filed Notice of Motion on the other side at least 7 days before the date set for the hearing, along with a copy of any documents you intend to use at the hearing. | You must serve the filed Notice of Motion on the other side at least 7 days before the date set for the hearing, along with a copy of any documents you intend to use at the hearing. | ||
==The | ==The rules== | ||
*Rule 12: How to make an interim application | *Rule 12: How to make an interim application | ||
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*Rule 5: The Family Justice Registry rule | *Rule 5: The Family Justice Registry rule | ||
==Further | ==Further reading== | ||
A more complete discussion of the interim application process and the different timelines and deadlines can be found in the | A more complete discussion of the interim application process and the different timelines and deadlines can be found in the pages on [[Interim Applications in Family Matters|Interim Applications]]. | ||
{{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}} | |||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
[[Category: | |||
{{Creative Commons | |||
|title = JP Boyd on Family Law | |||
|author = [[JP Boyd|John-Paul Boyd]] and Courthouse Libraries BC | |||
}} | |||
[[Category:Interim Applications in a Family Law Action]] |