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Difference between revisions of "Resolving Family Law Problems in Court"
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Resolving Family Law Problems in Court (view source)
Revision as of 21:14, 11 May 2016
, 21:14, 11 May 2016Added definition of "family law proceeding", clarified a couple of other definitions
Andrea Glen (talk | contribs) m (Adding reference to "family violence" and costs if litigation is unsuccessful, other relatively minor improvements in style, wording and content) |
Andrea Glen (talk | contribs) m (Added definition of "family law proceeding", clarified a couple of other definitions) |
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===A few definitions=== | ===A few definitions=== | ||
<blockquote>'''Family Law Proceeding.''' A court action, also known as a lawsuit, that it started to resolve a family law dispute. | |||
<blockquote>'''Claimant/Applicant.''' The person or people who start a court proceeding in the Supreme Court are the claimants. In the Provincial Court, this person is the applicant. In family law proceedings, there is usually only one claimant. In this section, "claimant" refers to claimants and applicants.</blockquote> | <blockquote>'''Claimant/Applicant.''' The person or people who start a court proceeding in the Supreme Court are the claimants. In the Provincial Court, this person is the applicant. In family law proceedings, there is usually only one claimant. In this section, "claimant" refers to claimants and applicants.</blockquote> | ||
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<blockquote>'''Parties.''' The claimant and the respondent are the parties to the court proceeding.</blockquote> | <blockquote>'''Parties.''' The claimant and the respondent are the parties to the court proceeding.</blockquote> | ||
<blockquote>'''Claim/Application.''' The document that is filed to start a court proceeding in the Supreme Court is a Notice of Family Claim or a Petition. In the Provincial Court, proceedings are started with an Application to Obtain an Order or an Application to Change or Cancel an Order. In this section, "claim" refers to all of these documents.</blockquote> | <blockquote>'''Claim/Application.''' The document that is filed to start a court proceeding in the Supreme Court is a Notice of Family Claim (or less often, a Petition). In the Provincial Court, proceedings are started with an Application to Obtain an Order or an Application to Change or Cancel an Order. In this section, "claim" refers to all of these documents.</blockquote> | ||
<blockquote>'''Reply.''' A respondent who objects to all or some of the orders sought by the claimant in the Supreme Court will file a Response to Family Claim and sometimes a Counterclaim. In the Provincial Court, the respondent will file a Reply. In this section, "reply" refers to all of these documents.</blockquote> | <blockquote>'''Reply.''' A respondent who objects to all or some of the orders sought by the claimant in the Supreme Court will file a Response to Family Claim and sometimes a Counterclaim if the respondent wants to advance claims or his or her own. In the Provincial Court, the respondent will file a Reply, which includes a section to complete a counterclaim. In this section, "reply" refers to all of these documents.</blockquote> | ||
<blockquote>'''Pleadings.''' The basic documents that frame a legal dispute are called the pleadings. In most Supreme Court family law proceedings, the pleadings are the Notice of Family Claim, the Response to Family Claim, and also usually a Counterclaim. In most Provincial Court proceedings, the pleadings are the Application to Obtain an Order and the Reply.</blockquote> | <blockquote>'''Pleadings.''' The basic documents that frame a legal dispute (i.e., that list the issues that need to be resolved) are called the pleadings. In most Supreme Court family law proceedings, the pleadings are the Notice of Family Claim, the Response to Family Claim, and also usually a Counterclaim. In most Provincial Court proceedings, the pleadings are the Application to Obtain an Order and the Reply.</blockquote> | ||
===Court procedure in a nutshell=== | ===Court procedure in a nutshell=== | ||