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Difference between revisions of "Starting a Court Proceeding in a Family Matter"
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Starting a Court Proceeding in a Family Matter (view source)
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<blockquote>'''4. Make interim applications as needed.''' In almost all family law proceedings, the parties need the court to decide certain issues on a temporary basis until the trial can be heard. Typically, people need orders about things like where the children will live and whether should be paid until trial. The most common applications in family law involve restraining orders, orders about the care of children, child support and spousal support. The process for bringing interim applications is discussed in detail in the chapter ____.</blockquote> | <blockquote>'''4. Make interim applications as needed.''' In almost all family law proceedings, the parties need the court to decide certain issues on a temporary basis until the trial can be heard. Typically, people need orders about things like where the children will live and whether should be paid until trial. The most common applications in family law involve restraining orders, orders about the care of children, child support and spousal support. The process for bringing interim applications is discussed in detail in the chapter ____.</blockquote> | ||
<blockquote>'''5. Go to trial.''' At the end of the day, if you can't reach a settlement, you will have to have a trial. At the trial, each side will call their witnesses to give evidence, cross-examine the witnesses of the other party, and give their argument as to why the judge should make the orders they are asking for. The judge will hear all the evidence and the arguments and reach a decision in the form of ''Reasons for Judgment''. Where neither party is represented by a lawyer, the court clerk will draft a final order based on the judge's Reasons for Judgment.</blockquote> | <blockquote>'''5. Have a Trial Preparation Conference.''' A TPC is a formal hearing before a judge designed to fix the schedule of events at the trial and resolve as many disputes about evidence before trial as possible. Among other things, the judge will ask about the witnesses each party intends to present, whether documents have been exchanged, and anything else that can be dealt with to help make sure the trial will go ahead and be completed within the time available. A TPC is generally not an opportunity to engage in settlement discussions.</blockquote> | ||
<blockquote>'''6. Go to trial.''' At the end of the day, if you can't reach a settlement, you will have to have a trial. At the trial, each side will call their witnesses to give evidence, cross-examine the witnesses of the other party, and give their argument as to why the judge should make the orders they are asking for. The judge will hear all the evidence and the arguments and reach a decision in the form of ''Reasons for Judgment''. Where neither party is represented by a lawyer, the court clerk will draft a final order based on the judge's Reasons for Judgment.</blockquote> | |||
===Financial Statements=== | ===Financial Statements=== | ||
