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Difference between revisions of "Resolving Family Law Problems in Court"
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Resolving Family Law Problems in Court (view source)
Revision as of 04:50, 24 June 2019
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*'''The respondent files a response.''' The respondent has a certain amount of time after being served to respond to the court proceeding by filing a response in court. The number of days is set out in the document filed by the claimant. The response says which orders the respondent agrees to and which they object to. The respondent may ask the court for other orders; if other orders are needed, the respondent will file a claim of their own, called a counterclaim. The response and any counterclaim must be delivered to the claimant. | *'''The respondent files a response.''' The respondent has a certain amount of time after being served to respond to the court proceeding by filing a response in court. The number of days is set out in the document filed by the claimant. The response says which orders the respondent agrees to and which they object to. The respondent may ask the court for other orders; if other orders are needed, the respondent will file a claim of their own, called a counterclaim. The response and any counterclaim must be delivered to the claimant. | ||
*'''The claimant files a reply.''' The claimant has a certain amount of time after being served to respond to any claim made by the respondent by filing a reply in court. The claimant's reply says which orders the claimant agrees to and which they object to. The claimant's reply must be delivered to the respondent. | *'''The claimant files a reply.''' The claimant has a certain amount of time after being served to respond to any claim made by the respondent by filing a reply in court. The claimant's reply says which orders the claimant agrees to and which they object to. The claimant's reply must be delivered to the respondent. | ||
*'''The parties exchange information.''' Next, the parties gather the information and documents they need to explain why they should have the orders they are asking for. Because trials are not run like an ambush, the parties must also exchange their information and documents well in advance of trial. This way everyone knows exactly what is going on and how strong each person’s case is. If financial matters are in dispute, one the key documents you will need to exchange is a sworn financial statement. There are different processes in Supreme Court and Provincial Court for exchanging information. For more details, see the section [[Starting a Court Proceeding in a Family Matter]] in this chapter. | *'''The parties exchange information.''' Next, the parties gather the information and documents they need to explain why they should have the orders they are asking for. Because trials are not run like an ambush, the parties must also exchange their information and documents well in advance of trial. This way everyone knows exactly what is going on and how strong each person’s case is. If financial matters are in dispute, one of the key documents you will need to exchange is a sworn financial statement. There are different processes in Supreme Court and Provincial Court for exchanging information. For more details, see the section [[Starting a Court Proceeding in a Family Matter]] in this chapter. | ||
*'''The parties attend Case Conferences.''' ''Case conferences'' are conferences that take place in front of a judge and provide an opportunity for the parties to discuss settlement possibilities and obtain orders regarding the conduct of the court proceeding. For more about case conferences, see the section about [[Case Conferences in a Family Law Matter | Case Conferences]] in this chapter. | *'''The parties attend Case Conferences.''' ''Case conferences'' are conferences that take place in front of a judge and provide an opportunity for the parties to discuss settlement possibilities and obtain orders regarding the conduct of the court proceeding. For more about case conferences, see the section about [[Case Conferences in a Family Law Matter | Case Conferences]] in this chapter. | ||
*'''Each party is examined out of court.''' After the documents have been exchanged, in Supreme Court proceedings each party will schedule an examination of the other party. An examination is an opportunity to ask questions about the facts and the issues out of court so that everyone knows the evidence that will be given at the trial. This is also an opportunity to ask for more documents. | *'''Each party is examined out of court.''' After the documents have been exchanged, in Supreme Court proceedings each party will schedule an examination of the other party. An examination is an opportunity to ask questions about the facts and the issues out of court so that everyone knows the evidence that will be given at the trial. This is also an opportunity to ask for more documents. | ||
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The process for interim orders is a miniature version of the larger process for getting a claim to trial. | The process for interim orders is a miniature version of the larger process for getting a claim to trial. | ||
*'''The applicant starts the application.''' The person who wants the interim order, the ''applicant'', starts the application process by filing an application and an affidavit in court, and serving the filed application and affidavit on the other party, called the ''application respondent''. An affidavit is a written statement of the facts that are important to the application. For more information about affidavits, see [[How Do I Prepare an Affidavit?]] in the | *'''The applicant starts the application.''' The person who wants the interim order, the ''applicant'', starts the application process by filing an application and an affidavit in court, and serving the filed application and affidavit on the other party, called the ''application respondent''. An affidavit is a written statement of the facts that are important to the application. For more information about affidavits, see the page, [[How Do I Prepare an Affidavit?]], in the ''How Do I?'' part of this resource. | ||
*'''The application respondent files a response.''' ''The application respondent'', the person who is responding to the application, has a certain amount of time after being served to respond to the application by filing a response and an affidavit in court. The response says which orders the person agrees to and which are objected to; the affidavit describes any additional facts that are important to the application. The response and affidavit must be delivered to the applicant. | *'''The application respondent files a response.''' ''The application respondent'', the person who is responding to the application, has a certain amount of time after being served to respond to the application by filing a response and an affidavit in court. The response says which orders the person agrees to and which are objected to; the affidavit describes any additional facts that are important to the application. The response and affidavit must be delivered to the applicant. | ||
*'''The applicant has the opportunity to file a further affidavit to reply to the response.''' The applicant has a certain amount of time after being served with the application respondent's materials to file a further responding affidavit in court. The responding affidavit describes any additional facts that are important to the application. The responding affidavit must be delivered to the application respondent. | *'''The applicant has the opportunity to file a further affidavit to reply to the response.''' The applicant has a certain amount of time after being served with the application respondent's materials to file a further responding affidavit in court. The responding affidavit describes any additional facts that are important to the application. The responding affidavit must be delivered to the application respondent. | ||