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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 19:12, 4 August 2017
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{{LSSbadge | {{LSSbadge | ||
|resourcetype = a self-help guide on <br/> | |resourcetype = a self-help guide on <br/> | ||
|link = [http://www. | |link = [http://www.clicklaw.bc.ca/resource/1701 applying and responding to <br/> applications for interim orders <br/>in Supreme Court] | ||
}}Once a court proceeding has started, it's usually necessary to get one or more short-term orders about important issues like where the children will live or whether and what amount of spousal support ought to be paid. Issues like these can't wait until trial and need to be dealt with immediately, although they'll only be dealt with on a temporary, interim basis pending trial. To get short-term orders like these, you must make an ''interim application'' in court. | }}Once a court proceeding has started, it's usually necessary to get one or more short-term orders about important issues like where the children will live or whether and what amount of spousal support ought to be paid. Issues like these can't wait until trial and need to be dealt with immediately, although they'll only be dealt with on a temporary, interim basis pending trial. To get short-term orders like these, you must make an ''interim application'' in court. | ||
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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. | 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. | 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.clicklaw.bc.ca/resource/1638 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. | ||
====Family justice registries==== | ====Family justice registries==== | ||
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*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. | 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.clicklaw.bc.ca/resource/1638 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. | ||
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|resourcetype = guides for Financial Statements in | |resourcetype = guides for Financial Statements in | ||
|link = [http://www. | |link = [http://www.clicklaw.bc.ca/resource/2654 Provincial Court]''' and<br/>'''[http://www.clicklaw.bc.ca/resource/1713 Supreme Court] | ||
}}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: | }}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: | ||
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* [http://www.provincialcourt.bc.ca/ Provincial Court website] | * [http://www.provincialcourt.bc.ca/ Provincial Court website] | ||
* [http://www.courts.gov.bc.ca/supreme_court/ Supreme Court website] | * [http://www.courts.gov.bc.ca/supreme_court/ Supreme Court website] | ||
* [http://www. | * [http://www.clicklaw.bc.ca/resource/1115 Justice Education Society: Court tips for parents representing themselves (video)] | ||
* [http://www. | * [http://www.clicklaw.bc.ca/resource/1701 Legal Services Society Family Law in BC Website: How to get an interim family order when parties don't agree (Supreme Court)] | ||
* [http://www. | * [http://www.clicklaw.bc.ca/resource/2280 Legal Services Society Family Law in BC Website: How to get an interim family order when parties agree (Supreme Court)] | ||
* [http://www.courts.gov.bc.ca/supreme_court/self-represented_litigants/info_packages.aspx Supreme Court Information Packages] | * [http://www.courts.gov.bc.ca/supreme_court/self-represented_litigants/info_packages.aspx Supreme Court Information Packages] | ||
*[http://courts.gov.bc.ca/supreme_court/self-represented_litigants/Supreme%20Court%20Document%20Packages/Chambers%20Application%20Package.docx Supreme Court: Chambers Application Package (Word DOC)] | *[http://courts.gov.bc.ca/supreme_court/self-represented_litigants/Supreme%20Court%20Document%20Packages/Chambers%20Application%20Package.docx Supreme Court: Chambers Application Package (Word DOC)] | ||
* [http://www. | * [http://www.clicklaw.bc.ca/resource/1638 Parenting After Separation Program] | ||
* [http://www. | * [http://www.clicklaw.bc.ca/resource/1713 Legal Services Society Family Law in BC Website: How to fill in a Financial Statement (Supreme Court)] | ||
* [http://www. | * [http://www.clicklaw.bc.ca/resource/2654 Legal Services Society Family Law in BC Website: How to fill in a Financial Statement (Provincial Court)] | ||