Difference between revisions of "Interim Applications in Family Matters"

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===Making an application===
===Making an application===


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 four copies of the Notice of Motion in the court registry. 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.  


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 hearing date will usually be fixed according to the court's calendar, as most Provincial Court registries have certain days set aside for hearing interim applications in family law cases.


 
The form you must use is Form F31, which comes from the courthouse printed in quadruplicate or can be download in an editable format in  [[Sample Provincial Court Forms (Family Law)|Provincial Court Forms & Examples]].
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 hearing date will usually be fixed according to the court's calendar, as most Provincial Court registries have certain days set aside for hearing interim applications in family law cases.


===Defending an application===
===Defending an application===

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