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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 23:54, 12 May 2013
, 23:54, 12 May 2013→Procedure
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A respondent may reply to a Notice of Family Claim by filing a Response to Family Claim in Form F4. A respondent who does not file a Response to Family Claim is not entitled to notice of further hearings in the case. The respondent may also file a Counterclaim in Form F5. A counterclaim is the respondent's own claim against the applicant. | A respondent may reply to a Notice of Family Claim by filing a Response to Family Claim in Form F4. A respondent who does not file a Response to Family Claim is not entitled to notice of further hearings in the case. The respondent may also file a Counterclaim in Form F5. A counterclaim is the respondent's own claim against the applicant. | ||
In general, before anyone can do anything else, the parties must attend a judicial case conference. A judicial case conference is a private meeting between the parties, their lawyers and a master or judge to talk about the legal issues and see whether any of them can be settled. The master or judge who hears a judicial case conference cannot make orders, except for procedural orders, without the parties' agreement. | In general, before anyone can do anything else, the parties must attend a judicial case conference. A judicial case conference is a private meeting between the parties, their lawyers and a master or judge to talk about the legal issues and see whether any of them can be settled. The master or judge who hears a judicial case conference cannot make orders, except for procedural orders, without the parties' agreement. Judicial case conferences can be very helpful; there's more information about judicial case conferences in the chapter [[Resolving_Family_Law_Problems_in_Court|Resolving Problems in Court]] in the section on [[Case Conferences in a Family Law Matter|Case Conferences]]. | ||
Interim applications, applications for temporary orders, can be made by filing a Notice of Application in Form F31 and an Affidavit in Form F30. An affidavit is a person's written evidence, which the person swears is true before a lawyer, notary public or court staff member able to take oaths. The person making an application is the ''applicant''; the person against whom an application is brought is the ''application respondent''. An application respondent may reply to a Notice of Application by filing an Application Response in Form F32 and an Affidavit within five business days after service of the Notice of Application. | Interim applications, applications for temporary orders, can be made by filing a Notice of Application in Form F31 and an Affidavit in Form F30. An affidavit is a person's written evidence, which the person swears is true before a lawyer, notary public or court staff member able to take oaths. The person making an application is the ''applicant''; the person against whom an application is brought is the ''application respondent''. An application respondent may reply to a Notice of Application by filing an Application Response in Form F32 and an Affidavit within five business days after service of the Notice of Application. | ||