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Difference between revisions of "The Court System for Family Matters"
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The Court System for Family Matters (view source)
Revision as of 17:56, 8 June 2017
, 17:56, 8 June 2017Changed the style of how forms referred to.
Mark Norton (talk | contribs) (changed some language, removed a setence that was somewhat odd and confusing about multiple proceedings) |
Mark Norton (talk | contribs) (Changed the style of how forms referred to.) |
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==The Provincial Court== | ==The Provincial Court== | ||
The Provincial Court | The Provincial Court can be the most accessible court for people who aren't represented by a lawyer. The [http://canlii.ca/t/85pb Provincial Court Family Rules] which govern the Provincial Court's process are written in easy-to-understand language, the court doesn't charge any filing fees, and most people who use the Provincial Court don't have a lawyer. There are also many more courthouses across the province for the Provincial Court than there are for the Supreme Court. | ||
There are four divisions of the Provincial Court. Provincial (Family) Court is the one that deals with family law problems. | There are four divisions of the Provincial Court. Provincial (Family) Court is the one that deals with family law problems. | ||
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The person who starts a proceeding in the Provincial Court is the ''applicant''. The person against whom the court proceeding is brought is the ''respondent''. | The person who starts a proceeding in the Provincial Court is the ''applicant''. The person against whom the court proceeding is brought is the ''respondent''. | ||
The applicant starts a proceeding by filing in court an Application to Obtain an Order | The applicant starts a proceeding by filing in court an Application to Obtain an Order (Form 1 of the Provincial Court Family Forms)and serving it on each respondent. The Application to Obtain an Order must be personally served on the respondent by an adult other than the applicant. The respondent has 30 days to answer the claim by filing a Reply in Form 3; the court clerk will send a copy of the Reply to the applicant. The Reply can also be used to make a counterclaim, the respondent's own claim against the applicant. A respondent who does not file a Reply is not entitled to notice of further hearings in the case. | ||
Depending on which courthouse the proceeding is started at, one or both parties may have to attend the parenting after separation course, and possibly also meet with a family justice counsellor, before they can go before a judge. Family justice counsellors are government employees trained in mediation who can help with issues about the care of children, child support and spousal support. | Depending on which courthouse the proceeding is started at, one or both parties may have to attend the parenting after separation course, and possibly also meet with a family justice counsellor, before they can go before a judge. Family justice counsellors are government employees trained in mediation who can help with issues about the care of children, child support and spousal support. | ||
At the parties' first appearance before a judge, the judge may order the parties to attend a family case conference. A family case conference is a private meeting between the parties, their lawyers and a judge to talk about the legal issues and see whether any of them can be settled. In general, a judge will not make orders at a family case conference except with the parties' agreement. Family case conferences can be very helpful; there's more information about family case conferences in the chapter [[Resolving_Family_Law_Problems_in_Court|Resolving Problems in Court]] in the section on [[Case Conferences in a Family Law Matter|Case Conferences]]. | At the parties' first appearance before a judge, the judge may order the parties to attend a family case conference. A family case conference is a private meeting between the parties, their lawyers (if lawyers have been hired) and a judge to talk about the legal issues and see whether any of them can be settled. In general, a judge will not make orders at a family case conference except with the parties' agreement. Family case conferences can be very helpful; there's more information about family case conferences in the chapter [[Resolving_Family_Law_Problems_in_Court|Resolving Problems in Court]] in the section on [[Case Conferences in a Family Law Matter|Case Conferences]]. | ||
Interim applications, applications for temporary orders, can be made by filing a Notice of Motion | Interim applications, applications for temporary orders, can be made by filing a Notice of Motion (Form 16). It is always best to file an Affidavit (Form 17) with the Notice of Motion. An affidavit is a person's written evidence, which the person swears is true before a lawyer, notary public or court staff member able to take oaths. There's more information about interim applications in the chapter [[Resolving_Family_Law_Problems_in_Court|Resolving Problems in Court]] in the section on [[Interim_Applications_in_Family_Matters|Interim Applications]]. | ||
Applications to change final orders are made by filing an Application to Change or Cancel an Order | Applications to change final orders are made by filing an Application to Change or Cancel an Order (Form 2) and serving on the other parties. The other parties have 30 days to reply by filing a Reply (Form 3). | ||
====Addressing the court==== | ====Addressing the court==== | ||