Difference between revisions of "Resolving Family Law Problems in Court"

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Resolving Family Law Problems in Court (view source)

Revision as of 17:02, 18 May 2013

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→‎Court procedure in a nutshell
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Court proceedings in the Provincial Court and the Supreme Court, other than criminal proceedings, work more or less like this:
Court proceedings in the Provincial Court and the Supreme Court, other than criminal proceedings, work more or less like this:


*'''The claimant starts the proceeding.''' The person who wants a court order, the claimant, starts a court proceeding by filing a claim in court and serving the filed claim on the respondent.
*'''The claimant starts the proceeding.''' The person who wants a court order, the claimant, starts a court proceeding by filing a claim in court and serving the filed claim on the respondent. The claims says what orders the claimant wants the court to make.
 
*'''The respondent files a reply.''' The respondent has a certain amount of time after being served to respond to the court proceeding by filing a reply in court. The reply says which orders the respondent agrees to and which he or she objects to. The respondent may ask the court for other orders; if other orders are needed, the respondent will file a claim of his or her own, called a counterclaim. The reply and any counterclaim must be delivered to the claimant.
<blockquote>'''The respondent files a reply.''' The respondent has a fixed amount of time after being served to respond to the court proceeding by filing a reply in court. The reply says which orders the respondent agrees to and which are objected to. The respondent may ask the court for other orders; if other orders are needed, the respondent will file a claim of his or her own. The reply and any new claim must be delivered to the claimant.</blockquote>
*'''The claimant files a reply.''' The claimant has a certain amount of time after being served to respond to any claim made by the respondent by filing a reply in court. The claimant's reply says which orders the claimant agrees to and which he or she objects to. The claimant's reply must be delivered to the respondent.
 
*'''The parties exchange information.''' Next, the parties gather the information and documents they need to explain why they should have the orders they are asking for. Because trials are not run like an ambush, the parties must also exchange their information and documents. This way everyone knows exactly what is going on and how strong each person’s case is.
<blockquote>'''The claimant files a reply.''' The claimant has a fixed amount of time after being served to respond to any claim made by the respondent by filing a reply in court. The reply says which orders the claimant agrees to and which are objected to. The claimant's reply must be delivered to the respondent.</blockquote>
*'''Each party is examined out of court.''' After the documents have been exchanged, in Supreme Court proceedings each party will schedule an examination of the other party. An examination is an opportunity to ask questions about the facts and the issues out of court so that everyone knows the evidence that will be given at the trial. This is also an opportunity to ask for more documents.
 
*'''Go to trial.''' Assuming that settlement isn't possible, the only way to resolve the court proceeding is to have a trial. At the trial, each of the parties will present their evidence and explain to the judge why he or she should make the orders asked for. The judge may make a decision resolving the decision on the spot; most often, however, the judge will want to think about the evidence and the parties' arguments and will give a written decision later.
<blockquote>'''The parties exchange information.''' Next, the parties gather the information and documents they need to explain why they should have the orders they are asking for. Because trials are not run like an ambush, the parties must also exchange their information and documents. This way everyone knows exactly what is going on and how strong each person’s case is.</blockquote>
 
<blockquote>'''Each party is examined out of court.''' After the documents have been exchanged, in Supreme Court proceedings each party will schedule an examination of the other party. An examination is an opportunity to ask questions about the facts and the issues out of court so that everyone knows the evidence that will be given at the trial. This is also an opportunity to ask for more documents.</blockquote>
 
<blockquote>'''Go to trial.''' Assuming that settlement isn't possible, the only way to resolve the problem is to have a trial. At the trial, each of the parties will present their evidence and explain to the judge why he or she should make the orders asked for. The judge may make a decision resolving the decision on the spot; most often, however, the judge will want to think about the evidence and the parties' arguments and will give a written decision later.</blockquote>


And that's pretty much it.  
And that's pretty much it.  


While working through this process, it is sometimes important to ask for ''interim orders''. These are temporary orders that are meant to get a court proceeding through to a trial or to take care of a short-term need. In a case involving a car accident, for example, an interim order might be needed to make someone submit to an examination by a doctor or to make someone produce financial information. In family law cases, people often ask for interim orders to deal with the payment of child support or spousal support, to determine how the children will be cared for, or to protect property or a person.
While working through this process, it is sometimes important to ask for ''interim orders''. These are temporary orders that might be necessary to get a court proceeding through to a trial or to take care of a short-term need. In a case involving a car accident, for example, an interim order might be needed to make someone be checked by a doctor or to make someone produce financial information. In family law cases, people often ask for interim orders to deal with the payment of child support or spousal support, to determine how the children will be cared for, or to protect property or a person.


The process for interim orders is a miniature version of the larger process for getting a claim to trial.
The process for interim orders is a miniature version of the larger process for getting a claim to trial.


<blockquote>'''The applicant starts the application.''' The person who wants the interim order, the applicant, starts an application for an interim order by filing an application and an affidavit in court and serving the filed application and affidavit on the other party, called the application respondent. An affidavit is a written statement of the facts important to the application.</blockquote>
*'''The applicant starts the application.''' The person who wants the interim order, the ''applicant'', starts the application process by filing an application and an affidavit in court, and serving the filed application and affidavit on the other party, called the ''application respondent''. An affidavit is a written statement of the facts that are important to the application.
 
*'''The application respondent files a reply.''' The application respondent, the person who is responding to the application, has a certain amount of time after being served to respond to the application by filing a reply and an affidavit in court. The reply says which orders the person agrees to and which are objected to; the affidavit describes any additional facts that are important to the application. The reply and affidavit must be delivered to the applicant.
<blockquote>'''The application respondent files a reply.''' The application respondent — the person who is responding to the application — has a fixed amount of time after being served to respond to the application by filing a reply and an affidavit in court. The reply says which orders the person agrees to and which are objected to; the affidavit describes any additional facts that are important to the application. The reply and affidavit must be delivered to the applicant.</blockquote>
*'''The applicant files a new affidavit.''' The applicant has a certain amount of time after being served with the application respondent's materials to file a new affidavit in court. The new affidavit describes any additional facts that are important to the application. The new affidavit must be delivered to the application respondent.
 
*'''Go to the hearing.''' Assuming that settlement isn't possible, the only way to resolve the application is to have a hearing. At the hearing, each of the parties will present the evidence set out in his or her affidavits and explain to the judge why he or she should make the orders asked for. Most of the time the judge will make a decision resolving the decision on the spot; sometimes, however, the judge will want to think about the evidence and the parties' arguments, and will give a written decision later.
<blockquote>'''The applicant files a new affidavit.''' The applicant has a fixed amount of time after being served with the application respondent's materials to file a new affidavit in court. The new affidavit describes any additional facts that are important to the application. The new affidavit must be delivered to the application respondent.</blockquote>
 
<blockquote>'''Go to the hearing.''' Assuming that settlement isn't possible, the only way to resolve the application is to have a hearing. At the hearing, each of the parties will present the evidence set out in his or her affidavits and explain to the judge why he or she should make the orders asked for. Most of the time the judge will make a decision resolving the decision on the spot; sometimes, however, the judge will want to think about the evidence and the parties' arguments, and will give a written decision later.</blockquote>


There are lots of details we've skipped over, including details about important things like experts, case conferences, and the rules of evidence, but this about it. These details are governed by each court's set of rules. The rules of court are very important!
There are lots of details we've skipped over, including details about important things like experts, case conferences, and the rules of evidence, but this about it. These details are governed by each court's set of rules. The rules of court are very important!
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