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How Do I Reply to an Interim Application in a Family Law Matter in the Supreme Court? (view source)
Revision as of 22:09, 17 January 2024
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{{JP Boyd on Family Law How Do I TOC|expanded=interim}} | {{JP Boyd on Family Law How Do I TOC|expanded=interim}} | ||
==What is an interim application?== | |||
Read the page [[How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?]] for a description about what interim applications are, and how they are used in BC Supreme Court. | |||
==Notice of the application== | ==Notice of the application== | ||
You <span class="noglossary">will</span> be entitled to notice of almost every application the other side, the ''applicant'', intends to bring to court. The most common exceptions to this general rule are when: | You <span class="noglossary">will</span> be entitled to notice of almost every application the other side, the ''applicant'', intends to bring to court. The most common exceptions to this general rule are when: | ||
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*you are the respondent and you haven't filed your defence to the applicant's Notice of Family Claim. | *you are the respondent and you haven't filed your defence to the applicant's Notice of Family Claim. | ||
Assuming the applicant is required to give you notice, however, the applicant <span class="noglossary">will</span> send you a copy of their Notice of Application in Form F31 and any new affidavits they intend to rely on at the hearing. These documents are supposed to be sent to your address for service, which may include your fax number for service (if you've given one) or your official email address for service. (As of September 1, 2023 you are expected to list an email address for service). | |||
For most applications, the applicant will provide their Notice of application and new affidavits at least eight business days before the date of the hearing. | |||
The Notice of Application <span class="noglossary">will</span> tell you: | The Notice of Application <span class="noglossary">will</span> tell you: | ||
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==Replying to the application== | ==Replying to the application== | ||
In most cases, to reply to an application you <span class="noglossary">will</span> prepare and file an Application Response in Form F32 and at least one new affidavit. The forms are online. See | In most cases, to reply to an application you <span class="noglossary">will</span> prepare and file an Application Response in Form F32 and at least one new affidavit in Form F30. The forms are online. See [https://family.legalaid.bc.ca/forms/supreme Legal Aid BC's Family Law website's online list of forms]. | ||
Your Application Response tells the applicant and the court: | Your Application Response tells the applicant and the court: | ||
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#you should tell the court about the facts that support your position on the application. | #you should tell the court about the facts that support your position on the application. | ||
You must send two copies of your filed materials to the applicant within | You must send two copies of your filed materials to the applicant within five business days from the time you were served with the application materials. | ||
When you are preparing your application response, please remember that this form does not allow you to ask the court to make orders that ''you'' might want. If you want to seek your own orders about some of the same issues raised by the applicant in their Form F31 Notice of Application, you need to file your own Form 31 Notice of Application, set to be heard at the same time as the other side's application. This is commonly known as a ''cross-application”. For example, if one party asks for an order for parenting arrangements, you might file your own Form F31 Notice of Application asking for different parenting orders that you believe are appropriate. | |||
==The applicant's reply== | ==The applicant's reply== | ||
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==Application records== | ==Application records== | ||
The | The ''application record'' is a three-ring binder that contains all of the application materials, with an index and separated by tabs, that is assembled by the applicant. The ''application record'' is prepared for the benefit of the judge or master hearing the application. | ||
The applicant <span class="noglossary">will</span> give you | The applicant <span class="noglossary">will</span> give you the ''index'' to the application record by 4:00pm on the business day that is one full business day before the hearing. But you need to assemble your own application record using the applicant's index. Doing this <span class="noglossary">will</span> ensure that you, the applicant, and the judge are all on the same page (literally) when you're referring to the materials that are organized in the application record. | ||
==The rules== | ==The rules== | ||
The following [https://canlii.ca/t/8mcr Supreme Court Family Rules] are of particular relevance: | |||
*Rule 6-2: How to serve documents by ordinary service | *Rule 6-2: How to serve documents by ordinary service | ||
*Rule 7-1: The JCC rules | *Rule 7-1: The JCC rules | ||
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==For more information== | ==For more information== | ||
You can find | You can find helpful information from the Legal Aid BC's Family Law website's guide on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/supreme-court-chambers-hearing "What Happens in a Supreme Court Chambers Hearing?"] and Justice Education Society's Online Help Guide for [https://supremecourtbc.ca/family-law/before-trial/chambers-applications/chambers-applications-introduction Supreme Court Family Law Chambers Applications]. | ||
The Canadian Judicial Council has also created a [https://cjc-ccm.ca/en/what-we-do/initiatives/representing-yourself-court series of guides for self-represented litigants], including a [https://perma.cc/6D5R-PXS9 Family Law Handbook] with significant detail about family law matters in Canadian courts. | |||
The BC Supreme Court website also has an [https://www.bccourts.ca/supreme_court/self-represented_litigants/ information page for self-represented litigants], and a [https://perma.cc/A3R2-V4N2 Chambers Application Package] that is helpful. | |||
{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[Mark Norton]] and [[Stephanie Pesth]], September 14, 2023}} | ||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
{{Creative Commons for JP Boyd}} | {{Creative Commons for JP Boyd}} | ||
[[Category: | [[Category:Helpful Guides & Common Questions|R]] | ||
[[Category:Interim Applications in a Family Law Action]] | [[Category:Interim Applications in a Family Law Action]] | ||
[[Category:JP Boyd on Family Law]] | [[Category:JP Boyd on Family Law]] | ||