Difference between revisions of "Interim Applications and Supreme Court Family Law Proceedings"

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{{JP Boyd on Family Law TOC|expanded = bcsc}}{{JPBOFL Editor Badge
{{JP Boyd on Family Law TOC|expanded = bcsc}}{{JPBOFL Editor Badge
|ChapterEditors = [[Iris Turaglio]]
|ChapterEditors = [[Iris Turaglio]]
}}Once a BC Supreme Court proceeding has started, it's often helpful, if not necessary, to get one or more short-term orders about important things like where the children will live, or whether and what amount of spousal support should be paid. It may also be necessary to get orders to resolve sticking points in the litigation process itself, often called ''procedural'' or ''case management'' orders. Whether the issue is something important (like the care of children, or the financial needs of a party), or a procedural question (like whether certain documents should be disclosed, or whether a case should be transferred to another registry), getting an order other than at trial often involves making a court application. For issues that need to be dealt with immediately, and which cannot wait months (or even years) until a trial held, the courts can grant short-term orders about important things, called ''interim orders'', and procedural orders about procedural things, but you must make an ''interim application'' in court.  
}}Once a BC Supreme Court proceeding has started, it's often helpful, if not necessary, to get one or more short-term orders about important things like where the children will live, or whether and what amount of spousal support should be paid. It may also be necessary to get orders to resolve sticking points in the litigation process itself, often called ''procedural orders''. Whether the issue is something fundamental to the family law claims (like the care of children, or the support and financial needs of a party), or a procedural question (like whether certain documents should be disclosed, or whether a case should be transferred to another registry), getting an order before trial typically requires either consent from the other party, or making a court application. If something needs to be dealt with immediately, and it cannot wait months (or even years) until a trial is held, the courts can grant short-term orders, called ''interim orders'', for many important issues such as child support, exclusive occupancy of a family home, parenting arrangements, etc. To get an interim order, parties must make an ''interim application'' in court.  


This section provides an introduction to interim applications, discusses the process for making and defending interim applications in the BC Supreme Court, and reviews some of the facts that are important for a variety of common applications.
This section provides an introduction to interim applications, discusses the process for making and defending interim applications in the BC Supreme Court, and reviews some of the facts that are important for a variety of common applications.
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===The potential purposes of interim applications===
===The potential purposes of interim applications===


Interim applications are particularly common in family law proceedings, sometimes because someone's behaviour is out of control, sometimes because decisions need to be made about where the children will live, sometimes to get some financial support flowing, and sometimes to move a court proceeding toward trial. Interim orders are good for getting a routine in place, usually about the kids and support, and setting up some rules about the relationship between the parties.
Interim applications are particularly common in family law proceedings, sometimes because someone's behaviour is out of control, sometimes because decisions need to be made about where the children will live, sometimes to get some financial support flowing, and sometimes to move a court proceeding toward trial (procedural issues include a range of issues, from service of pleadings, amendments to pleadings, disclosure and production of documents or financial statements, pre-trial discovery of parties or witnesses, expert reports, dates of applications, filing of Form F102, other). Interim orders are good for getting a routine in place, usually about the kids and support, and setting up some rules about the relationship between the parties.


*What should the children's parenting schedule look like?
*What should the children's parenting schedule look like?

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