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Applying for an Interim Order in a Family Law Case in Supreme Court (view source)

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{{REVIEWEDPLS | reviewer = [https://findlaygunnellsandor.com/c-j-greta-airhart/ Greta Airhart], Findlay Gunnell Sandor|date= October 2018}} {{Dial-A-Law TOC|expanded = disputes}}
{{REVIEWEDPLS | reviewer = [https://findlaygunnellsandor.com/c-j-greta-airhart/ Greta Airhart], Findlay Gunnell Sandor|date= October 2018}} {{Dial-A-Law TOC|expanded = disputes}}
While a family law case is in progress, the parties may need to get an “'''interim order'''” to deal with important or urgent issues. Learn the process for Supreme Court.
A person involved in a family law case may need to get a temporary court order — known as an '''interim order''' — to deal with short-term, important, or urgent issues. Learn the process for making an interim application in Supreme Court.


==Understand the legal framework==
{{PLSStorybox
| image = [[File:Elias.png|link=]]
| text      = ”My kids live with my spouse, Mikki, most of the time. We set it up that way because of my work schedule. But I changed jobs a few months ago. I want to see the kids more. Mikki doesn’t agree, so I filled out some paperwork and took it to Supreme Court, where our divorce case is. A friend of mine gave Mikki a copy of the court documents. She filed something in reply, and we’re going to court in a month.” <br>– Elias, Langley, BC
}}


===The purpose of an interim order in a family law case===
==What you should know==
The parties involved in a family law case will often need an interim order after the case has begun but before it ends. Interim orders are temporary orders that last only until another interim order is made, or until the case is fully resolved.


Interim orders can deal with urgent problems that can’t wait, such as stopping someone from disposing of property or stopping the children from being taken out of town. Interim orders can also deal with questions about how the family will function until the case is resolved, such as where the children will live and whether interim support should be paid by one party to help the other with expenses.
===What an interim order is===
Interim orders are '''temporary''' court orders made after a case has started but before it ends. They last until another interim order is made. Or, they can stay in place until the case is resolved by final agreement or an order made at trial.


===The process involved===
Interim orders can also deal with '''urgent problems'''. They can help with:
The British Columbia Supreme Court has [http://canlii.ca/t/8mcr rules] that set out the details of the court’s process. Family Rule 10-6 sets out how to make an '''interim application''' in a family law case.  


One person (the '''applicant''') starts the process by preparing a '''notice of application'''. They file this form and some supporting documents in the court, and then serve the documents on the other party. The material sets out the order the applicant is looking for, explains why the court should make that order, and gives the day the application will be heard.
* stopping someone from dealing with family property
* preventing the children from being taken out of town
* deciding where the children will live
* deciding if interim support should be paid by one party to help the other with expenses


If the other party wants to object to any part of the application, they must file a '''response''' in the court and serve those materials on the applicant.
===A summary of the application process===
[http://canlii.ca/t/8mcr The BC Supreme Court has rules] that set out the process for applying for an interim order.


One full day before the hearing, the applicant must file some additional material in court.
In a family law case, there are typically two people involved in an application: the person making it (the “applicant”) and the person replying to it (the “respondent”). They are the “parties” in the case.


At the hearing, each party will explain why the order the applicant seeks should or shouldn’t be made. The court will make a decision. The decision is recorded in an '''interim order''' that remains in force until another interim order is made or until the overall case is resolved.
Let’s assume you’re the '''applicant'''. You start the process by filling out a '''notice of application'''. Then, you '''file''' this form and some supporting documents in court. After that, you need to arrange to serve the documents on the respondent.


==The steps in the process==
If the respondent doesn’t agree with any part of the application, they need to file an '''application response''' and supporting documents in court. Then they need to serve those materials on you.
 
One full day before the hearing, you must file some more material in court.
 
At the hearing, each party will explain why the order they’re asking for should or shouldn’t be made. The court will consider the evidence and the law and then make a decision. This is recorded in an '''interim order'''.
 
==The steps in the application process==


===Step 1. Prepare the notice of application===
===Step 1. Prepare the notice of application===
One person (the '''applicant''') starts the process by preparing a '''notice of application'''. The court has its own form that must be used, Supreme Court Form F31. This form sets out the order the applicant is looking for, explains why the court should make that order, and gives the day the application will be heard.
The applicant — let’s say it’s you — starts the process by preparing a '''notice of application'''. The court has a specific form that must be used, Form F31. This form tells the court what order you want and sets out the court date for the application hearing. It also explains the facts in support of the application and why the court should make that order.


The applicant also prepares an '''affidavit''', using Form F30. An affidavit is a legal document where a witness makes statements about facts they say are true. Depending on the type of order they’re seeking, the applicant may also need to prepare other supporting documents.  
You also prepare an '''affidavit''' in Form F30 in support of your application. An affidavit is a legal document in which a person makes statements they swear are true. You may also need to prepare other supporting documents depending on the type of order you’re seeking.


{| class="wikitable"
{| class="wikitable"
|align="left"|'''Tip'''
|align="left"|'''Tip'''
You can download the notice of application and affidavit forms, as well as other court forms, from the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms BC government website].
[https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms You can download the notice of application from the BC government website]. You can also find other court forms there. [[Supreme_Court_Forms_(Family_Law)|Completed samples of many forms are available at ''JP Boyd on Family Law'']].
|}
|}


====Picking the hearing date====
====Picking the hearing date====
In the notice of application, the applicant must set the date when the application will be heard. Except for urgent applications, the soonest an application can be heard is '''eight business days''' from the date the application materials are sent to the other party. (Business days are days the court is open for business; they don’t include weekends and holidays.)  
In the notice of application, you must set out the hearing date for the application. Except for urgent applications, the soonest an application can be heard is '''eight full business days''' from the date the application materials are sent to the other party. (Business days don’t include weekends and holidays, when court is closed.)


The applicant gets to pick the date of the hearing unless the hearing will take two hours or longer, in which case the applicant must schedule the hearing date with the court registry staff.  
You get to pick the date of the hearing — unless the hearing will take two hours or longer. In that case, you must schedule the hearing date with the court registry staff.


{| class="wikitable"
{| class="wikitable"
|align="left"|'''Tip'''
|align="left"|'''Tip'''
In picking the hearing date, the applicant should check with the court registry to find out what days the court hears interim applications in family law cases. Some court registries only hear these types of applications on certain days.
In picking the hearing date, you should check with the court registry to find out what days the court hears interim applications in family law cases. Some court registries only hear these types of applications on certain days. It’s also a good idea to check dates with the other party or their lawyer. That way you can pick a date you both can attend.
|}
|}


===Step 2. File the application in court===
===Step 2. File the application in court===
The applicant files the notice of application and affidavit in the court registry where their family law case is ongoing. The applicant must make three copies of the material. There is a court filing fee.
You must make three copies of the materials. Then, file the notice of application and affidavit in the court registry where your family law case is ongoing. There is a court filing fee.
 
{| class="wikitable"
|align="left"|'''Tip'''
If you can’t afford the Supreme Court filing fees, you can ask the court to waive them. The Family Law in BC website from Legal Aid BC has [[a free step-by-step guide for getting an order to waive fees in Supreme Courthttps://familylaw.lss.bc.ca/bc-legal-system/court-orders/get-order-bc/supreme-court/get-order-waive-fees#0|a free step-by-step guide for getting an order to waive fees in Supreme Court]].
|}


===Step 3. Serve the notice on the other party===
===Step 3. Serve the notice on the other party===
The applicant must '''serve''' the notice of application and supporting documents on the other party.
You have to '''serve''' the notice of application and supporting documents on the other party. This can be done by '''ordinary service'''. This means delivering or leaving the documents with the other party. But it might also be possible to mail, fax, or email the documents. It all depends on what the other party put as their “address for service” in earlier documents.
 
“Serving” means delivering or leaving the documents with them. This can be done by '''ordinary service''', which means the documents can be dropped off with the other party or sent by mail, fax or email, depending on what the other party put as their "address for service" in earlier documents filed in the court case.  


The documents must be served on the other party at least '''eight business days''' before the date set for the hearing.  
The documents must be served on the other party '''at least eight full business days''' before the date set for the hearing.


===Step 4. Wait for a response===
===Step 4. Wait for a response===
The other party has '''five business days''' from the time they were served with the application to respond. They do this by filing a '''response''' and an affidavit in support in court and serving those materials on the applicant. The response says whether they agree or disagree with what the applicant is seeking.
The other party, the respondent, has '''five business days''' to respond from the time they were served with the notice of application. They can file an '''application response''' and a supporting affidavit and then serve you with them. The response says whether they agree or disagree with what you’re asking for.


The applicant can complete a responding affidavit, responding to any new information in the other party's material.
You can then fill out a responding affidavit. In it, you reply to any new information in the other party's material.


===Step 5. Prepare the application record===
===Step 5. Prepare the application record===
Before the hearing, the applicant must file an '''application record''' in court. This is a binder with copies of all the documents related to the interim application. There are specific requirements for how this material is organized.  
Before the hearing, you need to file an '''application record''' in court. This is a binder with copies of all the documents related to the interim application. There are specific requirements set out in the Supreme Court rules for how this material is organized.


As well, the applicant must send the other party a copy of the '''index''' to the application record.
As well, you must send the other party a copy of the '''index''' (a table of contents) to the application record.


The applicant must complete these two steps (filing the application record and sending the index to the other party) by 4 pm on the day '''one full business day''' before the hearing. (This means one full business day must pass in between these steps and the hearing day.)
You must complete these two steps (filing the application record and sending the index to the other party) by 4 pm on the day '''one full business day before''' the hearing. (This means one full business day must pass in between these steps and the hearing day.)


{| class="wikitable"
{| class="wikitable"
|align="left"|'''Tip'''
|align="left"|'''Tip'''
The Family Law in BC website from Legal Services Society, the legal aid provider in BC, includes guides with step-by-step instructions on preparing and responding to an interim application. The instructions include how to prepare an [https://familylaw.lss.bc.ca/guides/interim/cantAgree/supreme/apply/step6.php application record]. Visit [https://familylaw.lss.bc.ca/guides/interim/cantAgree/supreme/index.php familylaw.lss.bc.ca].
The Family Law in BC website from Legal Aid BC has step-by-step guides on preparing and responding to an interim application. The guides include [https://familylaw.lss.bc.ca/bc-legal-system/court-orders/get-order-bc/supreme-court/get-interim-family-order-supreme-court-if#5 instructions on how to prepare an application record].
|}
|}


===Step 6. Attend the hearing===
===Step 6. Attend the hearing===
The hearing will take place in '''chambers''', a public courtroom where all interim applications set for a particular day are heard. The hearing might be before a judge or a '''master''', a judicial officer who can decide interim applications.
The court hearing will take place in Supreme Court '''chambers'''. This is a public courtroom where all interim applications set for a particular day are heard. The hearing might be before a judge. Or it might be before a '''master''', a judicial officer who can decide interim applications.
 
On the day of the hearing, the parties go to the chambers courtroom at 9:45 am and check in with the court clerk to say they are present in court. When the court clerk calls the name of the case, the parties (or their lawyers) approach the judge or master and introduce themselves.


====The parties make their submissions====
====The parties make their submissions====
The applicant describes the orders they are asking for (listed in the notice of application), and outlines the facts (stated in their affidavit) that explain why the court should make those orders.
You tell the judge or master what orders you’re asking for. The respondent explains why the court ''shouldn’t'' do as you ask.


The other party outlines the facts (stated in their affidavit) that explain why the court shouldn’t do as the applicant asks.
Neither party testifies during the hearing, nor can either party ask the other questions. The evidence is given to the court through the affidavits in the application record.


Neither party testifies during the hearing, and neither can ask each other questions. All of the evidence is provided through the affidavits in the application record.
{| class="wikitable"
|align="left"|'''Tip'''
The '''Supreme Court BC Online Help Guide''' from Justice Education Society has [https://www.supremecourtbc.ca/family/tips-for-parents videos on how to present your own case in chambers].  
|}


====The court’s decision====
====The court’s decision====
After reviewing the documents and listening to the parties’ arguments, the judge or master makes a decision. They may make all, some or none of the orders the applicant is asking for.
After looking at the documents and listening to both parties’ submissions, the judge or master makes a decision. They may make all, some, or none of the orders the applicant is asking for.


===Step 7. The interim order is filed in court===
===Step 7. The interim order is filed in court===
If a lawyer is representing either party, the lawyer usually prepares the written '''interim order''' from the decision of the judge or master, and files it in court. If neither party has a lawyer, the successful party prepares and files the written order.
If either party has a lawyer, the lawyer usually prepares and files the written '''interim order''' made by the judge or master. If neither party has a lawyer, the successful party prepares and files the written order in court.


The order is in force from the moment the judge or master gives their decision. The order remains in force until the court makes another interim order on the same subject or until the overall case is resolved by a trial or a settlement.
The order is in place from the moment the judge or master gives their decision. The order stays in place until the court makes another interim order on the same subject, or until the overall case is resolved by a trial or a settlement.


==Get help==
==Who can help==


===With more information===
===With more information===
The '''Family Law in BC website''' from Legal Services Society, the legal aid provider in BC, includes guides with step-by-step instructions on preparing and responding to an interim application.  
The '''Family Law in BC website''' from Legal Aid BC has a step-by-step guide with instructions for preparing and responding to a Supreme Court interim application.
:Web: [https://familylaw.lss.bc.ca/guides/interim/cantAgree/supreme/index.php familylaw.lss.bc.ca]
 
* [https://familylaw.lss.bc.ca/bc-legal-system/court-orders/get-order-bc/supreme-court/get-interim-family-order-supreme-court-if#0 Visit website]
 
The wikibook ''JP Boyd on Family Law'', hosted by Courthouse Libraries BC, describes how to make an interim application in Supreme Court. [[Interim_Applications_in_Family_Matters#Sample_timelines|It includes sample timelines]] for filing and serving the court documents.
 
* [[How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?|Visit website]]
 
===With your case===
Unbundling allows you to hire a lawyer for specific parts of your case or to coach you through the court process. '''Unbundled Legal Services''' lists family lawyers who offer these services.


The '''Supreme Court BC Online Help Guide''' from Justice Education Society has videos on how to present your own case in chambers.
* [http://unbundlinglaw.ca/ Visit website]
:Web: [https://www.supremecourtbc.ca/family/tips-for-parents supremecourtbc.ca/family/tips-for-parents]


The wikibook '''''JP Boyd on Family Law''''', hosted by Courthouse Libraries BC, describes the interim application process.
Other options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help|See our information on free and low-cost legal help]].
:Web: [https://wiki.clicklaw.bc.ca/index.php?title=Interim_Applications_in_Family_Matters wiki.clicklaw.bc.ca]


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