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Difference between revisions of "The Court System for Family Matters"
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The Court System for Family Matters (view source)
Revision as of 05:04, 13 April 2013
, 05:04, 13 April 2013→Making the choice of forum
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There are important differences between the Provincial Court and the Supreme Court. Deciding in which court to start a proceeding is called making the ''choice of forum''. | There are important differences between the Provincial Court and the Supreme Court. Deciding in which court to start a proceeding is called making the ''choice of forum''. | ||
The Provincial Court can only deal with issues relating to parenting and the care of children, child support, spousal support and protection orders. The Supreme Court has the authority to deal with all of those issues as well, but only the Supreme Court can make an order for divorce, make other orders under the ''Divorce Act'', or make orders about the division of family property and family debts. | The Provincial Court can only deal with issues relating to parenting and the care of children, child support, spousal support, and protection orders. The Supreme Court has the authority to deal with all of those issues as well, but only the Supreme Court can make an order for divorce, make other orders under the ''Divorce Act'', or make orders about the division of family property and family debts. | ||
The rules of the Supreme Court can be very complicated and fees are charged for common activities, like starting a court proceeding, making an application or hearing a trial. The rules of the Provincial Court are more straightforward and no fees are charged. | The rules of the Supreme Court can be very complicated and fees are charged for common activities, like starting a court proceeding, making an application, or hearing a trial. The rules of the Provincial Court are more straightforward and no fees are charged. | ||
It is possible to start a proceeding in the Provincial Court to deal with things like child support and then start a proceeding in the Supreme Court to get a divorce and deal with things like property. However it can be confusing to manage two court proceedings, and you have to be careful not to bring up issues in one court that are being dealt with by the other court. | It is possible to start a proceeding in the Provincial Court to deal with things like child support and then start a proceeding in the Supreme Court to get a divorce and deal with things like property. However it can be confusing to manage two court proceedings, and you have to be careful not to bring up issues in one court that are being dealt with by the other court. | ||
