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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→When an application can be brought
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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. | 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 | 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 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. | ||
====Family justice registries==== | ====Family justice registries==== | ||
Rule 5 of the [http://canlii.ca/t/85pb Provincial Court | Rule 5 of the [http://canlii.ca/t/85pb Provincial Court Family Rules] applies to those registries of the Provincial Court that have been designated as family justice registries. Under that rule, the parties to a court proceeding are required to jump through a number of hoops before they can first appear in court: | ||
#Rule 5(3) requires the court clerk to refer the parties to a family justice counsellor before the clerk can schedule the parties' first appearance in court. | #Rule 5(3) requires the court clerk to refer the parties to a family justice counsellor before the clerk can schedule the parties' first appearance in court. | ||