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Conferences and Provincial Court Family Law Proceedings (view source)
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The majority of court proceedings in the Provincial Court, once the Application about a Family Law Matter and the Reply to the Application about a Family Law Matter are filed, will have a Family Management Conference before any other court appearance. | The majority of court proceedings in the Provincial Court, once the Application about a Family Law Matter and the Reply to the Application about a Family Law Matter are filed, will have a Family Management Conference before any other court appearance. | ||
The focus at a Family Management is on settling any of the legal issues that can be agreed to, getting short-term arrangements for the support and parenting of children set up, and planning the next few steps in the proceeding. Almost always, a Family Management Conference is mandatory, meaning that you cannot move forward in the court proceeding without going to one. | The focus at a Family Management Conference is on settling any of the legal issues that can be agreed to, getting short-term arrangements for the support and parenting of children set up, and planning the next few steps in the proceeding. Almost always, a Family Management Conference is mandatory, meaning that you cannot move forward in the court proceeding without going to one. | ||
Family Settlement Conferences are optional and are not very common. The focus here is on seeing if parties can settle before going to trial. These conferences are held with a judge who will give some ideas about possible settlements and this judge will not be the judge at any future trial unless no other judge is available. | Family Settlement Conferences are optional and are not very common. The focus here is on seeing if parties can settle before going to trial. These conferences are held with a judge who will give some ideas about possible settlements and this judge will not be the judge at any future trial unless no other judge is available. | ||
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===Family Management Conferences=== | ===Family Management Conferences=== | ||
A Family Management Conference ("FMC") is an informal process where a judge or family justice manager tries to help the parties narrow down the issues they disagree about, and if possible, resolve them. Case management orders, directions, and interim orders can be made at a Family Management Conference, | A Family Management Conference ("FMC") is an informal process where a judge or family justice manager tries to help the parties narrow down the issues they disagree about, and if possible, resolve them. Case management orders, directions, and interim orders can be made at a Family Management Conference. Parenting arrangements, child support, and spousal support are often addressed using interim orders. Even final orders can be made if the parties consent or if one party doesn't attend (when that happens, a ''default'' order can be made). The Provincial Court includes information about these conferences and how they're scheduled when a scheduling notice is sent out after the Form 6 Reply to the Application About a Family Law Matter is filed. | ||
Usually, once the reply is filed, the court registry will let both parties know how to schedule the FMC. In some court registries, the registry will schedule the FMC for you and let you both know when it is. If that date doesn't work for you, you will have to ask for another date. | Usually, once the reply is filed, the court registry will let both parties know how to schedule the FMC. In some court registries, the registry will schedule the FMC for you and let you both know when it is. If that date doesn't work for you, you will have to ask for another date. | ||
If you filed a Form 3 Application About a Family Law Matter and the other party did not file a reply within 30 days of being personally served with the application, you can request that | If you filed a Form 3 Application About a Family Law Matter and the other party did not file a reply within 30 days of being personally served with the application, you can request that an FMC be scheduled without notifying the other party. You can reach out to the court registry and they will assist you in scheduling this. | ||
For what to expect at | For what to expect at an FMC, see the Provincial Court of BC's information page [https://www.provincialcourt.bc.ca/navigating-court-case/family/family-matters-related-separation-family-law-act/family-management-conference on the topic]. | ||
Additional information about FMC is available from Legal Aid BC's Family Law website: | Additional information about FMC is available from Legal Aid BC's Family Law website: | ||
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* The ''[https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/family-management-conferences-provincial-court/preparing Preparing a script for a Family Management Conference]'' page recommends preparing a short (5 minute) script on what to say and ask for in terms of orders. The page includes links to resources to help you prepare a script. | * The ''[https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/family-management-conferences-provincial-court/preparing Preparing a script for a Family Management Conference]'' page recommends preparing a short (5 minute) script on what to say and ask for in terms of orders. The page includes links to resources to help you prepare a script. | ||
Remember from the section on [[Starting and Responding to Provincial Court Family Law Proceedings]] in this chapter, the steps you need to take before reaching an FMC | Remember from the section on [[Starting and Responding to Provincial Court Family Law Proceedings]] in this chapter, the steps you need to take before reaching an FMC depend on what type of registry you are filing in: | ||
# For Early Resolution Registries (Victoria, Surrey, Port Coquitlam, and soon to be more), you must complete a needs assessment, a parenting education course, and consensual dispute resolution before even filing an Application About a Family Law Matter. | # For Early Resolution Registries (Victoria, Surrey, Port Coquitlam, and soon to be more), you must complete a needs assessment, a parenting education course, and consensual dispute resolution before even filing an Application About a Family Law Matter. | ||
# For Family Justice registries (Kelowna, Nanaimo, and (until November 2025) Vancouver (Robson Square)), you can file a Form 3 Application About a Family Law Matter but you must complete a needs assessment and a parenting education course before attending an FMC. | # For Family Justice registries (Kelowna, Nanaimo, and (until November 2025) Vancouver (Robson Square)), you can file a Form 3 Application About a Family Law Matter but you must complete a needs assessment and a parenting education course before attending an FMC. | ||
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Because a Family Settlement Conference is like a mediation, what happens at a Family Settlement Conference is confidential, meaning you can't bring it up later at a trial. | Because a Family Settlement Conference is like a mediation, what happens at a Family Settlement Conference is confidential, meaning you can't bring it up later at a trial. | ||
The Provincial Court has a helpful [https://provincialcourt.bc.ca/navigating-court-case/family/family-matters-related-separation-family-law-act/family-settlement-conference information page about Family Settlement Conferences] on its website, and | The Provincial Court has a helpful [https://provincialcourt.bc.ca/navigating-court-case/family/family-matters-related-separation-family-law-act/family-settlement-conference information page about Family Settlement Conferences] on its website, and Legal Aid BC's Family Law website also has more information about [https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/family-settlement-conferences-provincial-court what to expect, what to prepare, and what can come out of these conferences.] | ||
===Trial Preparation Conferences=== | ===Trial Preparation Conferences=== | ||