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Interim Applications in Family Matters (view source)

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===When to make an application===
===When to make an application===


Generally speaking, interim applications are only brought after the respondent has had a chance to file his or her Response to Family Claim and a judicial case conference has been held. Applications can be brought earlier than this — sometimes on the same day that the court proceeding is started — when there is a very urgent problem that needs to be resolved immediately, as might be the case if a parent is threatening to leave the country with the children or has a history of violence in the family.
Generally speaking, interim applications are only brought after the respondent has had a chance to file their Response to Family Claim and a judicial case conference has been held. Applications can be brought earlier than this — sometimes on the same day that the court proceeding is started — when there is a very urgent problem that needs to be resolved immediately. This might be the case if a parent is threatening to leave the country with the children or has a history of violence in the family.


[http://canlii.ca/t/8mcr Rule 7-1(3)] of the Supreme Court Family Rules sets out the exceptions to the requirement that a JCC be held before any applications can be brought:
[http://canlii.ca/t/8mcr Rule 7-1(3)] of the Supreme Court Family Rules sets out the exceptions to the requirement that a JCC be held before any applications can be brought:


#when an application is being made for an order restraining either or both parties from disposing of family assets,
*when an application is being made for an order restraining either or both parties from disposing of family assets,
#when the order will be made with the agreement of both parties, or,
*when the order will be made with the agreement of both parties, or,
#when the application is being made without notice being given to the other side (sometimes called an ''ex parte application'').
*when the application is being made without notice being given to the other side (sometimes called an ''ex parte application'').


If you must bring an application before the JCC but your application doesn't fit into one of the exceptions described in Rule 7-1(3), you must ask the court for permission to have your application heard before the JCC under Rule 7-1(4). To ask for permission, you must file a Requisition in Form F17 with a signed letter explaining why your application should be heard before the JCC. Once the first JCC has been held, interim applications can usually be made at any time.
If you must bring an application before the JCC but your application doesn't fit into one of the exceptions described in Rule 7-1(3), you must ask the court for permission to have your application heard before the JCC under Rule 7-1(4). To ask for permission, you must file a Requisition in Form F17 with a signed letter explaining why your application should be heard before the JCC. Once the first JCC has been held, interim applications can usually be made at any time.
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===Making an application===
===Making an application===


To start an interim application, you must prepare a Notice of Application and an affidavit in support of your application. Unless your application is being brought without notice to the other party, the ''application respondent'', you must deliver these documents to the other party's address for service by ordinary service under [http://canlii.ca/t/8mcr Rule 6-2]. You can do this by sending them to the application respondent's current address for service, which will usually be set out in his or her Notice of Family Claim or Response to Family Claim.
To start an interim application, you must prepare a Notice of Application and an affidavit in support of your application. Unless your application is being brought without notice to the other party, the application respondent, you must deliver these documents to the other party's address for service by ordinary service under [http://canlii.ca/t/8mcr Rule 6-2]. You can do this by sending them to the application respondent's current address for service, which will usually be set out in their Notice of Family Claim or Response to Family Claim.


The Notice of Application and any supporting affidavits must be served on the application respondent at least eight business days before the date you have picked for the hearing of the application, except in cases of urgency or where the application is to be heard without notice to the application respondent. The timelines for interim applications are discussed in more detail below.
The Notice of Application and any supporting affidavits must be served on the application respondent at least eight business days before the date you have picked for the hearing of the application, except in cases of urgency or where the application is to be heard without notice to the application respondent. The timelines for interim applications are discussed in more detail below.
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The Notice of Application describes:
The Notice of Application describes:


#the orders and declarations the applicant is asking for (also called the ''relief'' the applicant is asking for),
*the orders and declarations the applicant is asking for (also called the ''relief'' the applicant is asking for),
#the facts supporting the application,
*the facts supporting the application,
#the legal grounds on which the application is made, meaning the specific (1) rule(s) of the Supreme Court Family Rules, section(s) of the applicable legislation and the caselaw that party is relying on in support of their court application,
*the legal grounds on which the application is made, meaning the specific (1) rule(s) of the Supreme Court Family Rules, section(s) of the applicable legislation and the caselaw that party is relying on in support of their court application,
#the affidavits or other evidence which the applicant relies on in support of the relief sought,
*the affidavits or other evidence which the applicant relies on in support of the relief sought,
#the amount of time the applicant thinks it will take for the application to be heard, and
*the amount of time the applicant thinks it will take for the application to be heard, and
#the date picked by the applicant for the hearing of the application.
*the date picked by the applicant for the hearing of the application.


The form you must use is Form F31, which you can download in an editable format in [[Sample Supreme Court Forms (Family Rules)|Supreme Court Forms & Examples]]. The cost to file an application is $80.00.
The form you must use is Form F31, which you can download in an editable format in [[Sample Supreme Court Forms (Family Rules)|Supreme Court Forms & Examples]]. The cost to file an application is currently $80.00.


====Supporting affidavits====
====Supporting affidavits====
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The affidavits filed with the Notice of Application should describe the important facts that relate to the relief sought in the application. Where possible, if a party has documents that support statements in an affidavit (such as the level of the party's income or financial transactions through a bank) those documents should be attached as exhibits to the affidavit.  These affidavits may be brand new or they may have been prepared earlier for a previous application. The form you must use is Form F30, which you can download in an editable format in [[Sample Supreme Court Forms (Family Rules)|Supreme Court Forms & Examples]].
The affidavits filed with the Notice of Application should describe the important facts that relate to the relief sought in the application. Where possible, if a party has documents that support statements in an affidavit (such as the level of the party's income or financial transactions through a bank) those documents should be attached as exhibits to the affidavit.  These affidavits may be brand new or they may have been prepared earlier for a previous application. The form you must use is Form F30, which you can download in an editable format in [[Sample Supreme Court Forms (Family Rules)|Supreme Court Forms & Examples]].


The process for drafting affidavits and the rules about the content of affidavits are discussed in [[How Do I Prepare an Affidavit?]] It's located in the ''How Do I?'' part of this resource under ''Affidavits''.
The process for drafting affidavits and the rules about the content of affidavits are discussed in [[How Do I Prepare an Affidavit?]] It's located in the ''How Do I?'' part of this resource under Affidavits.


===Replying to an application===
===Replying to an application===


You must reply to an interim application if you object to any of the orders the applicant is asking for. If you agree with all of the orders sought by the applicant, you don't need to do anything. For a summary of this process, see [[How Do I Reply to an Interim Application in a Family Law Matter in the Supreme Court?]] It's located in the ''How Do I?'' part of this resource, in the section ''Interim Applications''.
You must reply to an interim application if you object to any of the orders the applicant is asking for. If you agree with all of the orders sought by the applicant, you don't need to do anything. For a summary of this process, see [[How Do I Reply to an Interim Application in a Family Law Matter in the Supreme Court?]] It's located in the ''How Do I?'' part of this resource, in the section Interim Applications.


To reply to an interim application, you must prepare a court form called an Application Response and an affidavit in support of your position. These documents must be filed in court and served on the applicant at least five business days after the date you were served with the application materials. The timelines for interim applications are discussed below in more detail.
To reply to an interim application, you must prepare a court form called an Application Response and an affidavit in support of your position. These documents must be filed in court and served on the applicant at least five business days after the date you were served with the application materials. The timelines for interim applications are discussed below in more detail.


You must serve your documents on the applicant by ordinary service. You can do this by sending them to the applicant's current address for service, which will usually be set out in his or her Notice of Family Claim or Response to Family Claim. How to serve documents is discussed in [[How Do I Personally Serve Someone with Legal Documents?]] It's located in the ''How Do I?'' part of this resource under ''Starting an Action''.
You must serve your documents on the applicant by ordinary service. You can do this by sending them to the applicant's current address for service, which will usually be set out in their Notice of Family Claim or Response to Family Claim. How to serve documents is discussed in [[How Do I Personally Serve Someone with Legal Documents?]] It's located in the ''How Do I?'' part of this resource under ''Starting an Action''.


You may, at any time after being served with a Notice of Application, decide to file an application of your own for whatever interim orders you think are necessary. You can make this application, called a ''cross-application'', by Notice of Application. Depending on the circumstances and the timing of the cross-application, the parties will often agree to have the two applications heard at the same time.
You may, at any time after being served with a Notice of Application, decide to file an application of your own for whatever interim orders you think are necessary. You can make this application, called a ''cross-application'', by Notice of Application. Depending on the circumstances and the timing of the cross-application, the parties will often agree to have the two applications heard at the same time.
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The affidavits filed with the Application Response should give evidence that helps to explain why the application is opposed. These affidavits may be brand new or they may have been prepared for a previous application. The form you must use is Form F30, which you can download in an editable format in [[Sample Supreme Court Forms (Family Rules)|Supreme Court Forms & Examples]].
The affidavits filed with the Application Response should give evidence that helps to explain why the application is opposed. These affidavits may be brand new or they may have been prepared for a previous application. The form you must use is Form F30, which you can download in an editable format in [[Sample Supreme Court Forms (Family Rules)|Supreme Court Forms & Examples]].


The process for drafting affidavits and the rules about the content of affidavits are discussed in [[How Do I Prepare an Affidavit?]] It's located in the ''How Do I?'' part of this resource under ''Affidavits''.
The process for drafting affidavits and the rules about the content of affidavits are discussed in [[How Do I Prepare an Affidavit?]] It's located in the ''How Do I?'' part of this resource under Affidavits.


===Responding to the Application Response===
===Responding to the Application Response===
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If you file your record after the deadline of 4:00pm on the day that is one business day before the hearing date, the registry will not put your application on the list for the hearing date. This can be a bit challenging, because I've seen some pretty long lineups at the registry counter at 3:45pm, and I suggest you give yourself plenty of time to file your Application Record and get to the registry early.
If you file your record after the deadline of 4:00pm on the day that is one business day before the hearing date, the registry will not put your application on the list for the hearing date. This can be a bit challenging, because I've seen some pretty long lineups at the registry counter at 3:45pm, and I suggest you give yourself plenty of time to file your Application Record and get to the registry early.


Under [http://canlii.ca/t/8mcr Rule 10-6(14)(a)], the materials in the Application Record need to be "securely bound," which usually means that they are assembled in a three-ring binder, although any other kind of secure binding will do, including running a couple of hex bolts through the left-hand margin. The contents of the Application Record are listed in Rule 10-6(14)(b) and should be sorted, separated by tabs, in the following order:
Under [http://canlii.ca/t/8mcr Rule 10-6(14)(a)], the materials in the Application Record need to be securely bound, which usually means that they are assembled in a three-ring binder, although any other kind of secure binding will do, including running a couple of hex bolts through the left-hand margin. The contents of the Application Record are listed in Rule 10-6(14)(b) and should be sorted, separated by tabs, in the following order:


#the index to the Application Record,
#the index to the Application Record,
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#the affidavits both parties will rely on at the hearing, each separated by a tab (Tab 3, Tab 4 and so on).
#the affidavits both parties will rely on at the hearing, each separated by a tab (Tab 3, Tab 4 and so on).


(A "tab" is a piece of heavier paper with a little tab that sticks out on the right-hand side with a number written on them; these are sometimes called ''tab dividers'' or ''index dividers'' by stores like Staples and Office Depot. Legal supply stores sell tabs that are numbered from 1 to 200. Avery sells a "table of contents divider" that goes from 1 to 8; Sparco sells index dividers that go from 1 to 31.)
(A ''tab'' is a piece of heavier paper with a little tab that sticks out on the right-hand side with a number written on them; these are sometimes called ''tab dividers'' or ''index dividers'' by stores like Staples and Office Depot. Legal supply stores sell tabs that are numbered from 1 to 200. Avery sells a table of contents divider that goes from 1 to 8; Sparco sells index dividers that go from 1 to 31.)


Following these documents, Application Records may also include things like written arguments and a draft of the order sought. Certain things may not be included in the Application Record, such as affidavits of service, copies of legislation and copies of cases.
Following these documents, Application Records may also include things like written arguments and a draft of the order sought. Certain things may not be included in the Application Record, such as affidavits of service, copies of legislation and copies of cases.
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#The court file number, court registry, and the names of the parties, the way these appear at the top of all other court documents.
#The court file number, court registry, and the names of the parties, the way these appear at the top of all other court documents.
#The title of the document (usually just "Application Record").
#The title of the document (usually just ''Application Record'').
#The claimant's address for delivery, telephone number and fax number.
#The claimant's address for delivery, telephone number and fax number.
#The respondent's address for delivery, telephone number and fax number.  
#The respondent's address for delivery, telephone number and fax number.  
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The judge or master will enter the courtroom at 10:00am and will expect to begin hearing applications right away — don't forget to stand when the judge or master enters the courtroom! The court clerk will call each application by its number on the court hearing list and by the last names of the parties involved.
The judge or master will enter the courtroom at 10:00am and will expect to begin hearing applications right away — don't forget to stand when the judge or master enters the courtroom! The court clerk will call each application by its number on the court hearing list and by the last names of the parties involved.


When a case is called by the court clerk, the parties will walk up to the front of the court and identify themselves to the judge — for example, "I am Barbara Brown, and this is my application" or "I am Lucy Chiu, and I am responding to the application." A discussion of courtroom etiquette and protocol is available in the ''How Do I?'' part of this resource under ''Courtroom Protocol''. You may wish to <span class="noglossary">review</span> [[How Do I Conduct Myself in Court at an Application?]]
When a case is called by the court clerk, the parties will walk up to the front of the court and identify themselves to the judge — for example, "I am Barbara Brown, and this is my application" or "I am Lucy Chiu, and I am responding to the application." A discussion of courtroom etiquette and protocol is available in the ''How Do I?'' part of this resource under Courtroom Protocol. You may wish to <span class="noglossary">review</span> [[How Do I Conduct Myself in Court at an Application?]]


The applicant will address the judge first, and present his or her case, explaining:
The applicant will address the judge first, and present their case, explaining:


*what orders the applicant is asking the judge to make,
*what orders the applicant is asking the judge to make,
*why the judge can make the orders the applicant is asking for (ie: by reference to the rule of court or the section of legislation (such as the Divorce Act or the Family Law Act) that permits the judge to make the order), and
*why the judge can make the orders the applicant is asking for (ie: by reference to the rule of court or the section of legislation (such as the ''Divorce Act'' or the Family Law Act) that permits the judge to make the order), and
*the facts that explain why the application has been made and why the judge should make the orders asked for.
*the facts that explain why the application has been made and why the judge should make the orders asked for.


The application respondent will then present his or her side of the case and explain:
The application respondent will then present their side of the case and explain:


*which orders the application respondent agrees to and might agree to on conditions,
*which orders the application respondent agrees to and might agree to on conditions,
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===A short note about courtesy===
===A short note about courtesy===


The [http://canlii.ca/t/8mcr Supreme Court Family Rules] allow an applicant to simply set the hearing date without consulting the application respondent. Although this gives the applicant the right to pick a date unilaterally, it's usually better for everyone if the hearing date can be agreed upon by both parties. If the date you've picked isn't good for the application respondent, you can expect the application respondent to show up on the hearing date and ask the court for a delay your application, called an ''adjournment''.
The [http://canlii.ca/t/8mcr Supreme Court Family Rules] allow an applicant to simply set the hearing date without consulting the application respondent. Although this gives the applicant the right to pick a date unilaterally, it's usually better for everyone if the hearing date can be agreed upon by both parties. If the date you've picked isn't good for the application respondent, you can expect the application respondent to show up on the hearing date and ask the court for a delay your application. This is called an ''adjournment''.


If the application respondent is successful in getting the adjournment, which will usually be the case if you've been unreasonable or the application respondent has a genuinely good reason for needing the adjournment, you'll have wasted all the time and anxiety you spent preparing for the application, only to have to take another day off work and do it all again some other day.
If the application respondent is successful in getting the adjournment, which will usually be the case if you've been unreasonable or the application respondent has a genuinely good reason for needing the adjournment, you'll have wasted all the time and anxiety you spent preparing for the application, only to have to take another day off work and do it all again some other day.


It can be tough to call your ex (or his or her lawyer) to negotiate a hearing date, especially since you're likely fairly annoyed at having to make your application in the first place. However, if the subject of the application is important enough for you to pay the fee and jump through all the hoops, it's got to be important enough that you'll want to avoid delays and adjournment applications. If you can make the call, try to reach an agreement on:
It can be tough to call your ex (or their lawyer) to negotiate a hearing date, especially since you're likely fairly annoyed at having to make your application in the first place. However, if the subject of the application is important enough for you to pay the fee and jump through all the hoops, it's got to be important enough that you'll want to avoid delays and adjournment applications. If you can make the call, try to reach an agreement on:


*the date when you'll have the application materials to the application respondent,
*the date when you'll have the application materials to the application respondent,
*the date when the application respondent will get his or her reply materials to you, and
*the date when the application respondent will get their reply materials to you, and
*the date of the hearing.
*the date of the hearing.


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*Rule 21: parenting after separation program
*Rule 21: parenting after separation program


For a summary of the process, see [[How Do I Make an Interim Application in a Family Law Matter in the Provincial Court?]]  
For a summary of the process, see [[How Do I Make an Interim Application in a Family Law Matter in the Provincial Court?]] in this section.


===When an application can be brought===
===When an application can be brought===


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 or if a party is concerned about their own safety due to a history of family violence.
Generally speaking, interim applications are only brought after the respondent has had a chance to file their 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 or if a party is concerned about their own safety due to a history of family violence.


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.   
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.   
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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 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) 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.
*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 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:
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:
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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.  
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 registry will stamp all of the copies and keep the top sheet. You must then serve the respondent with their 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 16, which comes from the courthouse printed in quadruplicate or can be downloaded in an editable format in  [[Sample Provincial Court Forms (Family Law)|Provincial Court Forms & Examples]]. There is no charge to file a Notice of Motion.
The form you must use is Form 16, which comes from the courthouse printed in quadruplicate or can be downloaded in an editable format in  [[Sample Provincial Court Forms (Family Law)|Provincial Court Forms & Examples]]. There is no charge to file a Notice of Motion.
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If you have been served with a Notice of Motion, you may answer the application with a Reply in Form 3 if you wish. The Provincial Court does not have a specific form for responding to Notices of Motion, nor do the rules have any particular provision about how Notices of Motion are to be addressed. Most registries will accept a Form 3 Reply, even though that form is the form usually used for responding to Applications to Obtain an Order rather than to Notices of Motion. There are no rules about when the applicant be served with a response.
If you have been served with a Notice of Motion, you may answer the application with a Reply in Form 3 if you wish. The Provincial Court does not have a specific form for responding to Notices of Motion, nor do the rules have any particular provision about how Notices of Motion are to be addressed. Most registries will accept a Form 3 Reply, even though that form is the form usually used for responding to Applications to Obtain an Order rather than to Notices of Motion. There are no rules about when the applicant be served with a response.


For a summary of the process, see [[How Do I Reply to an Interim Application in a Family Law Matter in the Provincial Court?]] It is located in the ''How Do I?'' part of this resource, under ''Interim Applications''.
For a summary of the process, see [[How Do I Reply to an Interim Application in a Family Law Matter in the Provincial Court?]] It is located in the ''How Do I?'' part of this resource, under Interim Applications.


===The hearing===
===The hearing===
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On the date set for hearing, show up at court at the appointed time. It's especially important for the respondent to attend court because of Rule 12(4), which says that if a respondent doesn't come to court on the date set for the hearing of an interim application, the court may hear the application in the respondent's absence and make the order requested by the applicant.
On the date set for hearing, show up at court at the appointed time. It's especially important for the respondent to attend court because of Rule 12(4), which says that if a respondent doesn't come to court on the date set for the hearing of an interim application, the court may hear the application in the respondent's absence and make the order requested by the applicant.


Let the court clerk know which matter you are involved with and what your name is. When your case is called by the clerk, walk up and stand to either side of the centre podium. The judge will ask you to identify yourself and will ask the applicant what his or her application is all about.  
Let the court clerk know which matter you are involved with and what your name is. When your case is called by the clerk, walk up and stand to either side of the centre podium. The judge will ask you to identify yourself and will ask the applicant what their application is all about.  


The applicant will make his or her case, and will have the opportunity to call evidence. Evidence is often given orally, on oath or affirmation, rather than in affidavit format, although affidavits can be used. Most judges would prefer to have an affidavit, so if you can prepare one, you should. The respondent will have a chance to challenge the applicant's witnesses and cross-examine them, or may make an affidavit in reply to the applicant's affidavit.
The applicant will make their case, and will have the opportunity to call evidence. Evidence is often given orally, on oath or affirmation, rather than in affidavit format, although affidavits can be used. Most judges would prefer to have an affidavit, so if you can prepare one, you should. The respondent will have a chance to challenge the applicant's witnesses and cross-examine them, or may make an affidavit in reply to the applicant's affidavit.


Once the applicant's case is done, the respondent may present his or her own case, and call witnesses to give evidence just the way the applicant did. Likewise, the applicant will be able to cross-examine the respondent's witnesses.
Once the applicant's case is done, the respondent may present their own case, and call witnesses to give evidence just the way the applicant did. Likewise, the applicant will be able to cross-examine the respondent's witnesses.


After the evidence from both sides has been given, the applicant will have the opportunity to summarize his or her case and argue why the judge should make the order asked for. The respondent will be able to reply to the applicant's argument, after which the applicant may have the opportunity to make a reply to the respondent's reply.
After the evidence from both sides has been given, the applicant will have the opportunity to summarize their case and argue why the judge should make the order asked for. The respondent will be able to reply to the applicant's argument, after which the applicant may have the opportunity to make a reply to the respondent's reply.


Once everyone is done, the judge will give his or her judgment on the application. The judge may give his or her decision right away, or the judge may need to think about things for awhile. This is called a ''reserved judgment'', and the judge will usually give his or her decision in a written form later.  A reserved judgment may be handed down days, weeks or even months after the hearing date.
Once everyone is done, the judge will give their judgment on the application. The judge may give their decision right away, or the judge may need to think about things for awhile. This is called a ''reserved judgment'', and the judge will usually give their decision in a written form later.  A reserved judgment may be handed down days, weeks or even months after the hearing date.


Remember to stand whenever the judge speaks to you, if you can stand. A discussion of courtroom etiquette and protocol is available in the ''How Do I?'' part of this resource under ''Courtroom Protocol''. You may wish to <span class="noglossary">review</span> [[How Do I Conduct Myself in Court at an Application?]]
Remember to stand whenever the judge speaks to you, if you can stand. A discussion of courtroom etiquette and protocol is available in the ''How Do I?'' part of this resource under Courtroom Protocol. You may wish to <span class="noglossary">review</span> [[How Do I Conduct Myself in Court at an Application?]]


===After the hearing===
===After the hearing===
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|resourcetype = guides for Financial Statements in
|resourcetype = guides for Financial Statements in
|link        = [http://www.familylaw.lss.bc.ca/guides/mini/howToFillFinanState_PC.php Provincial Court]''' and<br/>'''[http://www.familylaw.lss.bc.ca/guides/mini/howtofillfinanstate_sc.php Supreme Court]
|link        = [http://www.familylaw.lss.bc.ca/guides/mini/howToFillFinanState_PC.php Provincial Court]''' and<br/>'''[http://www.familylaw.lss.bc.ca/guides/mini/howtofillfinanstate_sc.php Supreme Court]
}}Applications about child support typically require that each parent cough up certain documents in order to establish his or her income, in addition to a sworn Financial Statement. The most common of these documents for people who are ''employees'' are:
}}Applications about child support typically require that each parent cough up certain documents in order to establish their income, in addition to a sworn Financial Statement. The most common of these documents for people who are ''employees'' are:


*the last three years of personal income tax returns,
*the last three years of personal income tax returns,
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====Changing child support orders and agreements====
====Changing child support orders and agreements====


If the application is to change an ''order'' about the child support, important facts will include the facts which address the threshold legal tests:
If the application is to change an order about the child support, important facts will include the facts which address the threshold legal tests:


#has there been a change that would cause a different amount of support to be paid under the [[Child Support Guidelines]], usually a change in someone's income,
#has there been a change that would cause a different amount of support to be paid under the [[Child Support Guidelines]], usually a change in someone's income,
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*updated information concerning any special expenses.
*updated information concerning any special expenses.


If the application is to set aside an ''agreement'' about the child support, important facts will include the facts which address the threshold legal test:
If the application is to set aside an agreement about the child support, important facts will include the facts which address the threshold legal test:


*what amount of support should be court order, and
#what amount of support should be court order, and
*why should the court make a different order than what was agreed to?
#why should the court make a different order than what was agreed to?


===Spousal support===
===Spousal support===
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====Basic financial information====
====Basic financial information====


All applications about spousal support typically require that each spouse cough up certain documents to prove his or her income, in addition to a sworn Financial Statement. The most common of these documents for people who are ''employees'' are:
All applications about spousal support typically require that each spouse cough up certain documents to prove their income, in addition to a sworn Financial Statement. The most common of these documents for people who are employees are:


*the last three years of personal income tax returns,
*the last three years of personal income tax returns,
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*a recent paystub showing earnings-to-day or a letter from the employer confirming the terms of a party's income.
*a recent paystub showing earnings-to-day or a letter from the employer confirming the terms of a party's income.


People who have income from ''EI'', ''WCB'', ''CPP'', or ''social assistance'', will also have to produce their three most recent statements or cheque stubs from their payments.  
People who have income from EI, WCB, CPP, or social assistance, will also have to produce their three most recent statements or cheque stubs from their payments.  


People who are ''self-employed'' in an unincorporated business will also have to produce:
People who are self-employed in an unincorporated business will also have to produce:


*statements of professional or business income,
*statements of professional or business income,
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*balance sheets, if available.
*balance sheets, if available.


People who are ''self-employed'' by an incorporated business will also have to produce:
People who are self-employed by an incorporated business will also have to produce:


*corporate financial statements for the three most recent fiscal years,
*corporate financial statements for the three most recent fiscal years,
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====Changing spousal support orders or agreements====
====Changing spousal support orders or agreements====


If the application is to change an ''order'' about spousal support, important facts will include the facts necessary to address the threshold legal tests to change an order:
If the application is to change an order about spousal support, important facts will include the facts necessary to address the threshold legal tests to change an order:


#has there been a change in the means or needs of either spouse since the last order was made,
#has there been a change in the means or needs of either spouse since the last order was made,
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*whether the payor has acquired new family support obligations since the order was made.
*whether the payor has acquired new family support obligations since the order was made.


If the application is to set aside an ''agreement'' about spousal support, important facts will include the facts necessary to address the two threshold legal tests to set aside an agreement. Under the first test, you could include facts that might show that there were problems when the agreement was negotiated:
If the application is to set aside an agreement about spousal support, important facts will include the facts necessary to address the two threshold legal tests to set aside an agreement. Under the first test, you could include facts that might show that there were problems when the agreement was negotiated:


*a party failed to disclose relevant income, property or debt,
*a party failed to disclose relevant income, property or debt,
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===Protection orders and restraining orders===
===Protection orders and restraining orders===


The court can make a variety of orders where someone is in need of protection, depending on what the circumstances are and which order makes the most sense. More information about these orders can be found in the section [[Family Violence]] in the chapter [[Other Family Law Issues]].
The court can make a variety of orders where someone is in need of protection, depending on what the circumstances are and which order makes the most sense. More information about these orders can be found in the chapter on [[Family Violence]].


The court can also make orders designed to protect assets from being sold, hidden, or used as collateral for a loan. More information about these orders can be found in the section [[Protecting Property & Debt in Family Law Matters|Protecting Property & Debt]] in the chapter [[Property & Debt in Family Law Matters|Property & Debt]].
The court can also make orders designed to protect assets from being sold, hidden, or used as collateral for a loan. More information about these orders can be found in the section [[Protecting Property & Debt in Family Law Matters|Protecting Property & Debt]] in the chapter [[Property & Debt in Family Law Matters|Property & Debt]].
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