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Difference between revisions of "Interim Applications in Family Matters"
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Interim Applications in Family Matters (view source)
Revision as of 16:04, 19 May 2013
, 16:04, 19 May 2013→The Supreme Court
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*Rule 21-2: time | *Rule 21-2: time | ||
For a summary of the application process, see [[How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?]] in the ''How Do I?'' part of this resource. | |||
Links to and examples of the court forms used in the process can be found in [[Sample Supreme Court Forms (Family Law)|Supreme Court Forms & Examples]]. | |||
===When to make an application=== | ===When to make an application=== | ||
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To start an interim application, you must prepare a Notice of Application and an affidavit in support of your application. Unless your application is being brought without notice to the other party, called the ''application respondent'', you must deliver these documents to the other party's address for service by ordinary service under [http://canlii.ca/t/8mcr Supreme Court Family Rule 6-2]. You can do this by sending them to the application respondent's current address for service, which will usually be set out in his or her Notice of Family Claim or Response to Family Claim. | To start an interim application, you must prepare a Notice of Application and an affidavit in support of your application. Unless your application is being brought without notice to the other party, called the ''application respondent'', you must deliver these documents to the other party's address for service by ordinary service under [http://canlii.ca/t/8mcr Supreme Court Family Rule 6-2]. You can do this by sending them to the application respondent's current address for service, which will usually be set out in his or her Notice of Family Claim or Response to Family Claim. | ||
The Notice of Application and any supporting affidavits must be served on the application respondent at least eight business days before the date you have picked for the hearing of the application, except in cases of urgency or where the application is to be heard without notice to the application respondent. The timelines for interim applications are discussed below in more detail. | The Notice of Application and any supporting affidavits must be served on the application respondent at least eight business days before the date you have picked for the hearing of the application, except in cases of urgency or where the application is to be heard without notice to the application respondent. The timelines for interim applications are discussed below in more detail. | ||