Difference between revisions of "Interim Applications and Provincial Court Family Law Proceedings"

==Interim applications and family law matters==

Most Provincial Court family proceedings are started by a party filing a Form 3 Application About a Family Law Matter. For these cases, interim orders are typically be sought after the claimant has filed and served their Form 3, and once the respondent has filed and served their Form 6 Reply to an Application About a Family Law Matter (along with any Form 4 Financial Statements that are often required).  

The Family Management Conference ("FMC") typically offers the first opportunity for either party to request interim orders about the big family law issues that bring people to court, such as child support, spousal support, parenting arrangements, guardianship, and the other issues defined in the Provincial Court Family Rules as ''family law matters''. The Provincial Court Family Rules encourages parties to resolve their family law matters at the FMC, even if only a temporary resolution is possible. This could include an interim plan for what support payments and parenting time schedules should look like should a final resolution need to wait for a full trial. When even interim issues are not able to be resolved following an FMC, the judge or family justice manager usually books the parties for a further FMC (where more or different interim orders could be made) or for trial (where final orders are made). If requested by a party or suggested by a judge, a judge might also decide that the matter should go to a Family Settlement Conference. See the section on [[Conferences and Provincial Court Family Law Proceedings]] in this chapter for more details.

===Interim applications and other matters===

There are times when orders for issues — issues outside of the typical definition of ''family law matters'' — need to be handled more directly and with less of a wait. Urgent issues, specific ''priority parenting matters'', protection orders, and some case management issues or enforcement actions may justify a process that bypasses the usual steps required in applications about family law matters. The Provincial Court Family Rules sets out pathways, and special forms, for the common circumstances when an interim application must be handled earlier than is normal. These applications can be made whether or not someone has filed a Form 3 Application About a Family Law Matter.