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

Interim orders are available under the Provincial Court Family Rules and the ''[[Family Law Act]]''. Interim orders under the ''Family Law Act'' concern child support, spousal support, parenting arrangements, and companion animals (pets), as well as orders about the protection of people, and orders about the behaviour of the parties to a court proceeding.

Interim applications are particularly common in family law proceedings, sometimes because someone's behaviour is out of control, sometimes because decisions need to be made about where the children will live, sometimes to get some financial support flowing, and sometimes to move a court proceeding toward trial. Interim orders are good for getting a routine in place, usually about the kids and support, and setting up some rules about the relationship between the parties.

Pretty much anything can be dealt with at an interim application. The one thing all interim orders have in common is that they are only temporary and will expire the moment the case is settled or the judge's decision is handed down following a trial.

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).  

* Form 39 Request for Scheduling — used if it's been less than a year since a party took any steps in the proceeding, and when certain conditions also apply (as spelled out on the form), for example a party is applying for an interim order after completing a Family Management Conference.

The person bringing the application, who we'll call the ''applicant'', must file their form, and then (unless the procedure is ''without notice'') serve a copy of the application on all of the other parties, who we'll call the ''application respondents''.