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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 16:05, 19 May 2013
, 16:05, 19 May 2013→When to make an application
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Generally speaking, interim applications are only brought after the respondent has had a chance to file his or her Response to Family Claim and a judicial case conference has been held. Applications can be brought earlier than this — sometimes on the same day that the court proceeding is started — when there is a very urgent problem that needs to be resolved immediately, as might be the case if a parent is threatening to leave the country with the children or torch the family home. | Generally speaking, interim applications are only brought after the respondent has had a chance to file his or her Response to Family Claim and a judicial case conference has been held. Applications can be brought earlier than this — sometimes on the same day that the court proceeding is started — when there is a very urgent problem that needs to be resolved immediately, as might be the case if a parent is threatening to leave the country with the children or torch the family home. | ||
[http://canlii.ca/t/8mcr | [http://canlii.ca/t/8mcr Rule 7-1(3)] of the Supreme Court Family Rules sets out the exceptions to the requirement that a JCC be held before any applications can be brought: | ||
#when an application is being made for an order restraining either or both parties from disposing of family assets, | #when an application is being made for an order restraining either or both parties from disposing of family assets, | ||
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Once the first JCC has been held, interim applications can usually be made at any time, without the need for a further JCC. | Once the first JCC has been held, interim applications can usually be made at any time, without the need for a further JCC. | ||
This chapter discusses JCCs in more detail in the | This chapter discusses JCCs in more detail in the [[Case Conferences in a Family Law Matter|Case Conferences]] section. | ||
===Making an application=== | ===Making an application=== | ||