88
edits
Difference between revisions of "Interim Applications in Family Matters"
Jump to navigation
Jump to search
Interim Applications in Family Matters (view source)
Revision as of 18:17, 8 June 2019
, 18:17, 8 June 2019no edit summary
Nate Russell (talk | contribs) |
|||
| Line 23: | Line 23: | ||
Interim applications are particularly common in family law proceedings, sometimes because someone's behaviour is out of control, sometimes because decisions need to be made about where the children will live, and sometimes to get some financial support flowing. Interim applications are most often made to <span class="noglossary">answer</span> questions like these: | Interim applications are particularly common in family law proceedings, sometimes because someone's behaviour is out of control, sometimes because decisions need to be made about where the children will live, and sometimes to get some financial support flowing. Interim applications are most often made to <span class="noglossary">answer</span> questions like these: | ||
*What time will each parent have with the children? | *What time will each parent have with the children (until a final order is made or settlement is reached)? | ||
*Should child support be paid and, if so, how much should be paid? | *Should child support be paid and, if so, how much should be paid (until a final order is made or settlement is reached)? | ||
*Should spousal support be paid and, if so, how much should be paid? | *Should spousal support be paid and, if so, how much should be paid (until a final order is made or settlement is reached)? | ||
*Should only one spouse have the right to live in the family home? | *Should only one spouse have the right to live in the family home (until a final order is made or settlement is reached)? | ||
*Should the property be frozen until it is divided by a final order or agreement? | *Should the property be frozen until it is divided by a final order or agreement? | ||
*Is a protection order necessary? | *Is a protection order necessary? | ||
| Line 45: | Line 45: | ||
*not communicating with the family member, | *not communicating with the family member, | ||
*not going to a place where the family member goes to school or works, | *not going to a place where the family member lives and/or goes to school and/or works, | ||
*not possessing weapons, or | *not possessing weapons, or | ||
*not stalking or harassing the family member. | *not stalking or harassing the family member. | ||
| Line 62: | Line 62: | ||
*fix dates for case conferences like trial management conferences and settlement conferences. | *fix dates for case conferences like trial management conferences and settlement conferences. | ||
Pretty much anything can be dealt with at an interim application, except for things that are final in nature, like an order for divorce or an order dividing the family property and family debt. The one thing all interim orders have in common is that they are only temporary and will expire the moment the case is settled or | Pretty much anything can be dealt with at an interim application, except for things that are final in nature, like an order for divorce or an order dividing the family property and family debt. The one thing all interim orders have in common is that they are only temporary and will expire the moment the case is settled or the judge's decision is handed down following a trial. | ||
===Making interim applications=== | ===Making interim applications=== | ||
| Line 69: | Line 69: | ||
#The person making the application, the ''applicant'', prepares the formal court documents that start the application, and delivers those documents to the person who will be defending the application, the ''application respondent'' or the ''respondent''. | #The person making the application, the ''applicant'', prepares the formal court documents that start the application, and delivers those documents to the person who will be defending the application, the ''application respondent'' or the ''respondent''. | ||
#The application respondent has a certain amount of time to | #The application respondent has a certain amount of time to respond to the application, and does so by preparing other formal court documents and delivering those to the applicant. | ||
#The applicant may prepare a reply to the application respondent's | #The applicant may prepare a reply to the application respondent's response. | ||
#On the date of the hearing, the applicant argues why the order sought should be made, the application respondent argues why the order sought shouldn't be made, and the judge or master who hears the application makes a decision one way or the other (or, often, a bit of both ways). Sometimes the judge or master makes the decision that same day, but sometimes it can take weeks or even months for the decision to be handed down. | #On the date of the hearing, the applicant argues why the order sought should be made, the application respondent argues why the order sought shouldn't be made, and the judge or master who hears the application makes a decision one way or the other (or, often, a bit of both ways). Sometimes the judge or master makes the decision that same day, but sometimes it can take weeks or even months for the decision to be handed down. | ||
The requirements, deadlines, and court forms for each of these steps are governed by the rules of the particular court you are in. The rules also set out how the application is set for hearing and heard, and the nature of the court's | The requirements, deadlines, and court forms for each of these steps are governed by the rules of the particular court you are in. The rules also set out how the application is set for hearing and heard, and the nature of the court's authority to decide the issues before it. It is very important to understand how the rules about interim applications work. | ||
==The Supreme Court== | ==The Supreme Court== | ||