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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 18:04, 8 June 2017
, 18:04, 8 June 2017Changing how Forms are referred to. Clarifying that Forms are the Supreme Court Family Forms
Mark Norton (talk | contribs) |
Mark Norton (talk | contribs) (Changing how Forms are referred to. Clarifying that Forms are the Supreme Court Family Forms) |
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====Procedure==== | ====Procedure==== | ||
Most Supreme Court family law proceedings are started by filing in court a Notice of Family Claim | Most Supreme Court family law proceedings are started by filing in court a Notice of Family Claim (Form F3 of the Supreme Court Family Forms). The person who starts a proceeding by a Notice of Family Claim is the ''claimant'', and the person against whom the claim is brought is the ''respondent''. In certain unusual cases, a proceeding can also be started by filing in court a Petition (Form F73). Someone starting a proceeding with a Petition is the ''petitioner'', and the other party is the ''petition respondent''. | ||
Notices of Family Claim and Petitions must be personally served on the other party by an adult other than the claimant or petitioner. | Notices of Family Claim and Petitions must be personally served on the other party by an adult other than the claimant or petitioner. | ||
A respondent may reply to a Notice of Family Claim by filing a Response to Family Claim | A respondent may reply to a Notice of Family Claim by filing a Response to Family Claim (Form F4). A respondent who does not file a Response to Family Claim is not entitled to notice of further hearings in the case. The respondent may also file a Counterclaim (Form F5). A counterclaim is the respondent's own claim against the applicant. | ||
In general, before anyone can do anything else, the parties must attend a judicial case conference. A judicial case conference is a private meeting between the parties, their lawyers and a master or judge to talk about the legal issues and see whether any of them can be settled. The master or judge who hears a judicial case conference cannot make orders, except for procedural orders, without the parties' agreement. Judicial case conferences can be very helpful; cases sometimes even settle at judicial case conferences. There's more information about judicial 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]]. | In general, before anyone can do anything else, the parties must attend a judicial case conference. A judicial case conference is a private meeting between the parties, their lawyers and a master or judge to talk about the legal issues and see whether any of them can be settled. The master or judge who hears a judicial case conference cannot make orders, except for procedural orders, without the parties' agreement. Judicial case conferences can be very helpful; cases sometimes even settle at judicial case conferences. There's more information about judicial 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 Application | Interim applications, applications for temporary orders, can be made by filing a Notice of Application (Form F31) and an Affidavit (Form F30). 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. The person making an application is the ''applicant''; the person against whom an application is brought is the ''application respondent''. An application respondent may reply to a Notice of Application by filing an Application Response (Form F32) and an Affidavit within five business days after service of the Notice of Application. 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 a Notice of Application | Applications to change final orders are made by filing a Notice of Application (Form F31) and an Affidavit (Form F30) and serving them on the other parties. The process works like the process for interim applications, except that the application respondent has 14 business days to reply. | ||
====Addressing the court==== | ====Addressing the court==== | ||