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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 19:13, 2 July 2019
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Final orders of the Provincial Court may be appealed to the Supreme Court. The appeal must be started within 40 days of the date the final order was made. The timelines for appeals are strictly applied. | Final orders of the Provincial Court may be appealed to the Supreme Court. The appeal must be started within 40 days of the date the final order was made. The timelines for appeals are strictly applied. | ||
According to [http://canlii.ca/ | According to [http://canlii.ca/t/8q3k#section233 s. 233(1)] of the ''Family Law Act'', only final orders may be appealed. In a case called [http://canlii.ca/t/fkmwm ''Dima v. Dima''], 2011 BCCA 86, the Court of Appeal confirmed that the only way to challenge an interim order of the Provincial Court is through judicial review under the ''[http://canlii.ca/t/844v Judicial Review Procedure Act]''. | ||
It's important to know that an order that is appealed remains in effect unless the judge who made the order says otherwise. Starting an appeal doesn't mean that you can ignore the order you are appealing. | It's important to know that an order that is appealed remains in effect unless the judge who made the order says otherwise. Starting an appeal doesn't mean that you can ignore the order you are appealing. | ||