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Difference between revisions of "Family Law Trials in Provincial Court"
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The | The [https://canlii.ca/t/b8rn Provincial Court Family Rules] use ''family management conferences'' and ''family settlement conferences'' to try to get parties to settle their issues without having to go to trial. See the section on [[Conferences and Provincial Court Family Law Proceedings]] in this chapter. If you are unable to settle your case to your satisfaction, however, you will need to prepare for trial. | ||
Preparing for and going to trial is the most complex part of the court proceeding. Both steps require careful planning and organization as well as being mindful of the deadlines set out in | Preparing for and going to trial is the most complex part of the court proceeding. Both steps require careful planning and organization as well as being mindful of the deadlines set out in the [https://canlii.ca/t/b8rn Provincial Court Family Rules]. Some of these deadlines occur months before the trial date. | ||
In addition to the information in this section, you should consult: | In addition to the information in this section, you should consult: | ||
* The BC Provincial Court's own guide | * The BC Provincial Court's own online [https://provincialcourt.bc.ca/navigating-court-case/family/family-matters-related-separation-family-law-act/family-trial Family Trial] navigation guide, and the now archived ''[https://perma.cc/UGK2-6B5A Preparing for a Family Court Trial in Provincial Court]'' resource from the Provincial Court which was updated in May 2021 to reflect the many procedural changes that affected the Provincial Court Family Rules at that time, and | ||
* Legal Aid BC's Family Law website's information page on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/trials-provincial-court Trials in Provincial Court] which features tips for what to expect, what you need to prepare, how to find cases that support your position, and more information about the | * Legal Aid BC's Family Law website's information page on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/trials-provincial-court Trials in Provincial Court] which features tips for what to expect, what you need to prepare, how to find cases that support your position, and more information about the ''Informal Trials Pilot Project'' in the Kamloops registry. | ||
== Preparing for trial in the Provincial Court == | == Preparing for trial in the Provincial Court == | ||
There are fewer rules and procedures involved in preparing for trial in Provincial Court than there are in Supreme Court. Again, you should review the BC Provincial Court's | There are fewer rules and procedures involved in preparing for trial in Provincial Court than there are in Supreme Court. Again, you should review the BC Provincial Court's materials and the Family Law website's information pages, mentioned above. | ||
The | The ''judicial case manager'', who schedules most court appearances and all trials in Provincial Court, will schedule the trial date after receiving direction from a judge at a family management conference, or at another hearing. You should contact the Judicial Case Manager following the court appearance that provided the direction to schedule a trial so that you are consulted about your availability. This is best done by going to the judicial case manager's office at the courthouse, but can also be done by phoning the Judicial Case Manager. Courthouse locations and contact information is [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations posted online by the BC Government], and the BC Government Directory lets you [https://dir.gov.bc.ca/gtds.cgi?searchString=&for=people&attribute=title&view=brief&matchMethod=begins+with&esearchString=judicial+case+manager&esearch=Exact+Search look up judicial case managers and their contact information]. A court clerk may also provide you with the email address for the Judicial Case Manager. | ||
A judge (or family justice manager) is also likely to direct that a trial preparation conference be scheduled. The judge may personally schedule the date or direct the judicial case manager to schedule it. Trial preparation conferences are discussed in more detail later in this | A judge (or family justice manager) is also likely to direct that a ''trial preparation conference'' be scheduled, especially if at least one of the parties is self-represented. The judge may personally schedule the date or direct the judicial case manager to schedule it. Trial preparation conferences are discussed in more detail later in this section. | ||
Part 9 of the Provincial Court Family Rules deals with trial procedures in Provincial Court. | Part 9 of the Provincial Court Family Rules deals with trial procedures in Provincial Court. | ||
===Things to consider before a trial=== | |||
Well in advance of your trial date, you should be thinking about what kind of evidence you will need at your trial to show the judge why the orders you want are the best orders. Depending on what issues you are going to trial about, you may need evidence about finances, children’s best interests, or even about what someone’s income should be (for example, if the other party is arguing that you should pay support based on a higher income than you are earning, you may want evidence as to why the other party is wrong). Below are some ideas about what evidence you may need. | |||
evidence on other party | Make sure you plan this all as soon as possible once you know your trial date! Some of these can take a long time — even several months — to gather, and if you delay you may not have the evidence at trial (and the trial may proceed anyway, especially if you had time to get this evidence and didn’t). | ||
=== Consider a Hear the Child report, Views of the Child report, or a full Section 211 (Parenting Capacity) report === | |||
of | |||
( | |||
=== Consider a Section 211 (Parenting Capacity) | |||
In family law matters where guardianship | In family law matters where issues such as guardianship or the children’s living arrangements are in dispute, one or both parties may request that a person be appointed to prepare a report pursuant to section 211 of the ''[[Family Law Act]]''. That section empowers the court to direct a person approved by the court to conduct an investigation into: | ||
*the needs of a child in relation to a family law dispute, | *the needs of a child in relation to a family law dispute, | ||
