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Difference between revisions of "Introduction to Family Law in British Columbia"
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Introduction to Family Law in British Columbia (view source)
Revision as of 16:25, 21 June 2019
, 16:25, 21 June 2019→The courts of British Columbia
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After the respondent has filed a reply to the claim, any of the parties can ask the court to make an order about some or all of the issues raised in the court proceeding. An ''order'' is a decision of a judge that requires someone to do something or not do something. For example, a court can make an order that a child live mostly with one party, an order that one party not harass another party, or an order that one party have the family car. | After the respondent has filed a reply to the claim, any of the parties can ask the court to make an order about some or all of the issues raised in the court proceeding. An ''order'' is a decision of a judge that requires someone to do something or not do something. For example, a court can make an order that a child live mostly with one party, an order that one party not harass another party, or an order that one party have the family car. | ||
Orders can be made ''by consent'', which means that they are made with the agreement of the parties. If the parties can't agree on the terms of the order, they must go to a hearing before a judge and have the judge decide the terms of the order. There are two types of order: an ''interim order'', which is any order made before trial; and, a ''final order'', which is an order made at the end of a trial. A ''trial'' is the final hearing before a judge, where the parties present their arguments and evidence, | Orders can be made ''by consent'', which means that they are made with the agreement of the parties. If the parties can't agree on the terms of the order, they must go to a hearing before a judge and have the judge decide the terms of the order. There are two types of order: an ''interim order'', which is any order made before trial; and, a ''final order'', which is an order made at the end of a trial. A ''trial'' is the final hearing before a judge, where the parties present their arguments and evidence, and concludes the court proceeding. | ||
If you don't like the order you get from the judge, you cans sometimes challenge the order before a higher level of court in a court proceeding called an ''appeal''. An order of the Provincial Court is appealed to the Supreme Court. An order of the Supreme Court is appealed to the Court of Appeal. You cannot appeal an order that you agreed to. | If you don't like the order you get from the judge, you cans sometimes challenge the order before a higher level of court in a court proceeding called an ''appeal''. An order of the Provincial Court is appealed to the Supreme Court. An order of the Supreme Court is appealed to the Court of Appeal. You cannot appeal an order that you agreed to without proof that you were somehow tricked into agreeing to the order. | ||
Over time, the terms of an order may need to be changed. If there has been | Over time, the terms of an order may need to be changed. If there has been an important change in your circumstances or in the circumstances of the children since an order was made, you can go back to court and ask that the order be changed to <span class="noglossary">suit</span> the new circumstances. This is called applying to ''vary'' an order. | ||
'''Further reading:''' | '''Further reading:''' | ||