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Difference between revisions of "The Court System for Family Matters"
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The Court System for Family Matters (view source)
Revision as of 23:18, 12 May 2013
, 23:18, 12 May 2013→Procedure
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Depending on which courthouse the proceeding is started at, one or both parties may have to attend the parenting after separation course, and possibly also meet with a family justice counsellor, before they can go before a judge. Family justice counsellors are government employees trained in mediation who can help with issues about the care of children, child support and spousal support. | Depending on which courthouse the proceeding is started at, one or both parties may have to attend the parenting after separation course, and possibly also meet with a family justice counsellor, before they can go before a judge. Family justice counsellors are government employees trained in mediation who can help with issues about the care of children, child support and spousal support. | ||
At the parties' first appearance before a judge, the judge may order the parties to attend a family case conference. A family case conference is a private meeting between the parties, their lawyers and a judge to talk about the legal issues and see whether any of them can be settled. In general, a judge will not make orders at a family case conference except with the parties' agreement. | At the parties' first appearance before a judge, the judge may order the parties to attend a family case conference. A family case conference is a private meeting between the parties, their lawyers and a judge to talk about the legal issues and see whether any of them can be settled. In general, a judge will not make orders at a family case conference except with the parties' agreement. Family case conferences can be very helpful; there's more information about family case conferences in the chapter [[Resolving_Family_Law_Problems_in_Court|Resolving Problems in Court]] in the section [{Case Conferences in a Family Law Matter]]. | ||
Interim applications, applications for temporary orders, can be made by filing a Notice of Motion in Form 16. It is always best to file an Affidavit in Form 17 with the Notice of Motion. An affidavit is a person's written evidence, which the person swears is true before a lawyer, notary public or court staff member able to take oaths. | Interim applications, applications for temporary orders, can be made by filing a Notice of Motion in Form 16. It is always best to file an Affidavit in Form 17 with the Notice of Motion. An affidavit is a person's written evidence, which the person swears is true before a lawyer, notary public or court staff member able to take oaths. There's more information about interim applications in the chapter [[Resolving_Family_Law_Problems_in_Court|Resolving Problems in Court]] in the section [{Case Conferences in a Family Law Matter]]. | ||
Applications to change final orders are made by filing an Application to Change or Cancel an Order in Form 2 and serving on the other parties. The other parties have 30 days to reply by filing a Reply in Form 3. | Applications to change final orders are made by filing an Application to Change or Cancel an Order in Form 2 and serving on the other parties. The other parties have 30 days to reply by filing a Reply in Form 3. | ||