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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 17:04, 19 May 2013
, 17:04, 19 May 2013→The Provincial Family Court
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Interim applications are brought only after a court proceeding has been started. The person bringing the application, the ''applicant'', must file a Notice of Motion in court, and then serve a court-stamped copy of the Notice of Motion to the ''respondent'', the person against whom the application has been brought. The respondent is not required to file anything in reply to the application. | Interim applications are brought only after a court proceeding has been started. The person bringing the application, the ''applicant'', must file a Notice of Motion in court, and then serve a court-stamped copy of the Notice of Motion to the ''respondent'', the person against whom the application has been brought. The respondent is not required to file anything in reply to the application. | ||
Most often, applications in the Provincial Court are based on oral evidence rather than affidavits. | Most often, applications in the Provincial Court are based on oral evidence, evidence giving by witnesses who have sworn or affirmed that they will tell the truth, rather than affidavits. Althought the exchange of affidavits is not a mandatory part of the process, many judges appreciate the convenience of having the evidence written out in affidavits. | ||
The principle [http://canlii.ca/t/85pb Provincial Court | The principle [http://canlii.ca/t/85pb Provincial Court Family Rules] that relate to Notices of Motion and the application process are: | ||
*Rule 1: definitions | *Rule 1: definitions | ||
*Rule 5: court procedures for | *Rule 5: court procedures for courthouses that are designated as "family justice registries" | ||
*Rule 12: interim applications | *Rule 12: interim applications | ||
*Rule 13: affidavits | *Rule 13: affidavits | ||
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*Rule 21: parenting after separation program | *Rule 21: parenting after separation program | ||
For a summary of the process, see [[How Do I Make an Interim Application in a Family Law Matter in the Provincial Court?]] | |||
===When an application can be brought=== | ===When an application can be brought=== | ||
Generally speaking, interim applications are only brought after the respondent has had a chance to file his or her Reply to the applicant's Application to Obtain an Order, but they can be brought earlier, sometimes on the same day that the action is started, when there is a very urgent problem that needs to be resolved immediately, | Generally speaking, interim applications are only brought after the respondent has had a chance to file his or her Reply to the applicant's Application to Obtain an Order, but they can be brought earlier, sometimes on the same day that the action is started, when there is a very urgent problem that needs to be resolved immediately, as might be the case if the respondent was threatening to leave the country with the children. | ||
The precise rules about when an application can be brought depend on whether or not the registry your court proceeding is in is a registry subject to the [http://www.familylaw.lss.bc.ca/resources/fact_sheets/parent_after_separation.php Parenting After Separation program] under [http://canlii.ca/t/85pb Rule 21] and, if so, whether it is also a family justice registry subject to Rule 5. The court clerk will tell you whether or not your registry is a designated registry for the Parenting After Separation program and whether it is also a family justice registry. | The precise rules about when an application can be brought depend on whether or not the registry your court proceeding is in is a registry subject to the [http://www.familylaw.lss.bc.ca/resources/fact_sheets/parent_after_separation.php Parenting After Separation program] under [http://canlii.ca/t/85pb Rule 21] and, if so, whether it is also a family justice registry subject to Rule 5. The court clerk will tell you whether or not your registry is a designated registry for the Parenting After Separation program and whether it is also a family justice registry. | ||
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To make an interim application, the applicant must file a Notice of Motion in the court registry. The Notice of Motion is a standard court form, Form 16, that comes from the courthouse pre-printed in quadruplicate. The form is simple to complete and has check boxes that can simply be ticked off to indicate the sort of order that you want the court to make. It is also available electronically and is linked to in [[Sample Provincial Court Forms (Family Law)]]. | To make an interim application, the applicant must file a Notice of Motion in the court registry. The Notice of Motion is a standard court form, Form 16, that comes from the courthouse pre-printed in quadruplicate. The form is simple to complete and has check boxes that can simply be ticked off to indicate the sort of order that you want the court to make. It is also available electronically and is linked to in [[Sample Provincial Court Forms (Family Law)]]. | ||
The registry will stamp all of the copies and keep the top sheet. You must then serve the respondent with his or her copy at least ''seven days'' before the date the application is set to be heard. | The registry will stamp all of the copies and keep the top sheet. You must then serve the respondent with his or her copy at least ''seven days'' before the date the application is set to be heard. | ||