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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 17:09, 19 May 2013
, 17:09, 19 May 2013→Family justice registries
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====Family justice registries==== | ====Family justice registries==== | ||
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 | 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 this 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. | ||
#Rule 5(4) requires the parties to each meet separately with a family justice counsellor, who may refer the parties to other services or may try to mediate a resolution to the parties' dispute. | #Rule 5(4) requires the parties to each meet separately with a family justice counsellor, who may refer the parties to other services or may try to mediate a resolution to the parties' dispute. | ||
#Rule 5(6) says that the parties to a court proceeding cannot meet with a judge until they have met with a family justice counsellor. | #Rule 5(6) says that the parties to a court proceeding cannot meet with a judge until they have met with a family justice counsellor. | ||
#Rule 5(8) | #Rule 5(8) says that if a party is asking for a protection order or "urgent and exceptional circumstances exist," the court may exempt the party from all or part of the rule. | ||
Registries designated as family justice registries must also apply Rule 21, the Parenting After Separation rule, where | Registries designated as family justice registries must also apply Rule 21, the Parenting After Separation rule, where a court proceeding involves orders about the care of children or child support. Rule 21 sets out a few more hoops to jump through, but the [http://www.familylaw.lss.bc.ca/resources/fact_sheets/parent_after_separation.php Parenting After Separation program] is a very useful program that you should consider taking whether you're at a registry subject to Rule 21 or not. Here are the highlights of Rule 21: | ||
*Rule 21(8) says that the registry cannot set a first appearance until one or both parties have filed a certificate of attendance at a Parenting After Separation program. | *Rule 21(8) says that the registry cannot set a first appearance until one or both parties have filed a certificate of attendance at a Parenting After Separation program. | ||
*Rule 21(9) says that both parties must attend the program and file a certificate of attendance before the registry can set a first appearance. | *Rule 21(9) says that both parties must attend the program and file a certificate of attendance before the registry can set a first appearance. | ||
*Rules 21(4) and (5) set out some exceptions to the rule if there is a consent order, if the program isn't offered in their community, if the party doesn't speak the language the program is offered in, or if the party has completed the program in the last two years. | *Rules 21(4) and (5) set out some exceptions to the rule if there is a consent order, if the program isn't offered in their community, if the party doesn't speak the language the program is offered in, or if the party has completed the program in the last two years. | ||
*Rule 21(7) allows the court to exempt someone from completing the program | *Rule 21(7) allows the court to exempt someone from completing the program where urgent circumstances exist. | ||
Rules 5 and 21 have been applied very strictly in the registries to which they apply, which has led to some fairly bizarre circumstances, such as parents who have been separated for many years being required to take the Parenting After Separation program and other parents being required to take the program three or four times. However, most parents, once they have complied with Rules 5 and 21, can follow the standard rules for bringing on interim applications, described below. | Rules 5 and 21 have been applied very strictly in the registries to which they apply, which has led to some fairly bizarre circumstances, such as parents who have been separated for many years being required to take the Parenting After Separation program and other parents being required to take the program three or four times. However, most parents, once they have complied with Rules 5 and 21, can follow the standard rules for bringing on interim applications, described below. | ||