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==The Provincial Family Court== | ==The Provincial Family Court== | ||
Interim applications are brought only after | Interim applications are brought only after a court proceeding has been started. The person bringing the application, the ''Applicant'', must file a Notice of Motion in court, and then serve a court-stamped copy of the Notice of Motion to the ''Respondent'', the person against whom the application has been brought. The Respondent is not required to file anything in reply to the application. | ||
Most often, applications in the Provincial Court are based on oral evidence rather than Affidavits. As a result, the exchange of Affidavits is not a mandatory part of the process. | Most often, applications in the Provincial Court are based on oral evidence rather than Affidavits. As a result, the exchange of Affidavits is not a mandatory part of the process. | ||
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*Rule 21: parenting after separation programs | *Rule 21: parenting after separation programs | ||
===When an Application can be Brought=== | |||
Generally speaking, interim applications are only brought after the Respondent has had a chance to file his or her Reply to the Applicant's Application to Obtain an Order, but they can be brought earlier, sometimes on the same day that the action is started, when there is a very urgent problem that needs to be resolved immediately, such as might be the case if the Respondent was threatening to leave the country with the children. | |||
The precise rules about when an application can be brought depend on whether or not the registry your court proceeding is in is a registry subject to the Parenting After Separation program under Rule 21 and, if so, whether it is also a family justice registry subject to Rule 5. The court clerk will tell you whether or not your registry is a family justice registry. | |||
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====Family Justice Registries==== | ====Family Justice Registries==== |