Difference between revisions of "How Do I Schedule a Family Management Conference for Hearing?"
Nate Russell (talk | contribs) |
Nate Russell (talk | contribs) |
||
Line 6: | Line 6: | ||
==Understanding Family Management Conferences== | ==Understanding Family Management Conferences== | ||
− | + | Prior to May 2021, the BC Provincial Court would hold ''first appearances'' where the parties would show up to court in front of other people for their first experience in court. The judge would have little time for them except to direct them to come back again for what used to be called a ''family case conference''. This impersonal first encounter has now been done away with. The parties' first in-court meeting occurs in a FMC. | |
− | + | The FMC is a special type of hearing in the Provincial Court involving the parties, their lawyers, and either a judge or a ''family justice manager''. It is intended to explore the issues in a court proceeding with the hope of finding a way to settle all or part of the proceeding. FMCs are private and held off the record. | |
==Using Family Management Conferences to get things done== | ==Using Family Management Conferences to get things done== | ||
− | FMCs replace the former first appearances and are designed to help the parties identify and resolve issues without the need for a formal hearing. At these conferences, the judge or family justice manager may encourage the parties to reach agreements on some or all issues. | + | FMCs replace the former first appearances and are designed to help the parties identify and resolve issues without the need for a formal hearing. At these conferences, the judge or family justice manager may encourage the parties to reach agreements on some or all issues. While affidavits can be a part of the FMC, if they are particularly long and contain lots of evidence the judge or family justice manager may not have had time to fully read them. |
− | + | Unless there is consent, an agreement between the parties, or an urgent matter such as denied parenting time, safety concerns, or urgent medical decisions that need to be made for a child, do not expect the FMC to result in substantive orders. FMCs are instrumental in narrowing down the contested issues and setting procedural orders. The types of procedural orders, or ''case management orders'' that can be made depend on whether a judge or family justice manager is running the FMC: | |
* If the FMC is with a judge, the powers under Rule 62 of the Provincial Court Family Rules applies. | * If the FMC is with a judge, the powers under Rule 62 of the Provincial Court Family Rules applies. | ||
* If the FMC is with a family justice manager, Rule 63 applies. | * If the FMC is with a family justice manager, Rule 63 applies. | ||
Line 19: | Line 19: | ||
See Rules 35-37 of the [https://canlii.ca/t/b8rn Provincial Court Family Rules] which deal with the new FMC process. | See Rules 35-37 of the [https://canlii.ca/t/b8rn Provincial Court Family Rules] which deal with the new FMC process. | ||
− | Interim orders can relate to parental responsibilities, parenting time, contact with a child, child support, spousal support, and to a limited degree guardianship. FMCs can result in conduct orders under Part 10, Division 5 of the ''Family Law Act'' | + | Interim orders can relate to parental responsibilities, parenting time, contact with a child, child support, spousal support, and to a limited degree guardianship. FMCs can result in conduct orders under Part 10, Division 5 of the ''Family Law Act''. |
− | FMCs are a good opportunity, and people who prepare for them and take them seriously can really benefit from them. FMCs can be very helpful, especially if the judge is prepared to be pushy with the parties and their lawyers. It's fairly common for proceedings to settle at FMCs, and where a settlement is reached, the judge <span class="noglossary">will</span> make a consent order on the spot, at the end of the hearing. | + | FMCs are a good opportunity, and people who prepare for them and take them seriously can really benefit from them. FMCs can be very helpful, especially if the judge is prepared to be pushy with the parties and their lawyers. It's fairly common for proceedings to settle at FMCs, and where a settlement is reached, the judge <span class="noglossary">will</span> make a consent order on the spot, at the end of the hearing. Specific rules around consent orders can be found at Rule 52. |
==More information== | ==More information== |
Revision as of 00:41, 7 November 2023
Once the Form 6 Reply to an Application About a Family Law Matter is received by the registry, the court will normally work with the parties to find a convenient date for a family management conference (FMC). The idea is that it's better to work with people's schedules to find a convenient time, rather than risk people being unavailable because a date was set without consultation. In certain registries there may be other requirements before the FMC can be held. For example, you may be required to take the Parenting After Separation course or the Parenting After Separation for Indigenous Families course. The registry will let you know what steps you have to take.
After the first FMC, additional FMCs may be scheduled, for example to monitor compliance with orders made at the first one, or to continue negotiations after the exchange of necessary information.
Understanding Family Management Conferences[edit]
Prior to May 2021, the BC Provincial Court would hold first appearances where the parties would show up to court in front of other people for their first experience in court. The judge would have little time for them except to direct them to come back again for what used to be called a family case conference. This impersonal first encounter has now been done away with. The parties' first in-court meeting occurs in a FMC.
The FMC is a special type of hearing in the Provincial Court involving the parties, their lawyers, and either a judge or a family justice manager. It is intended to explore the issues in a court proceeding with the hope of finding a way to settle all or part of the proceeding. FMCs are private and held off the record.
Using Family Management Conferences to get things done[edit]
FMCs replace the former first appearances and are designed to help the parties identify and resolve issues without the need for a formal hearing. At these conferences, the judge or family justice manager may encourage the parties to reach agreements on some or all issues. While affidavits can be a part of the FMC, if they are particularly long and contain lots of evidence the judge or family justice manager may not have had time to fully read them.
Unless there is consent, an agreement between the parties, or an urgent matter such as denied parenting time, safety concerns, or urgent medical decisions that need to be made for a child, do not expect the FMC to result in substantive orders. FMCs are instrumental in narrowing down the contested issues and setting procedural orders. The types of procedural orders, or case management orders that can be made depend on whether a judge or family justice manager is running the FMC:
- If the FMC is with a judge, the powers under Rule 62 of the Provincial Court Family Rules applies.
- If the FMC is with a family justice manager, Rule 63 applies.
See Rules 35-37 of the Provincial Court Family Rules which deal with the new FMC process.
Interim orders can relate to parental responsibilities, parenting time, contact with a child, child support, spousal support, and to a limited degree guardianship. FMCs can result in conduct orders under Part 10, Division 5 of the Family Law Act.
FMCs are a good opportunity, and people who prepare for them and take them seriously can really benefit from them. FMCs can be very helpful, especially if the judge is prepared to be pushy with the parties and their lawyers. It's fairly common for proceedings to settle at FMCs, and where a settlement is reached, the judge will make a consent order on the spot, at the end of the hearing. Specific rules around consent orders can be found at Rule 52.
More information[edit]
There is more information about FMCs online, including:
- Legal Aid BC's Family Law website's information page on FMCs
- Legal Aid BC's Family Law website's tips on preparing your own script to follow in an FMC
- BC Provincial Court's announcement about what to expect at an FMC
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Matthew Ostrow, September 19, 2023. |
|
![]() |