The Provincial Court has released new Family Rules that take a holistic approach towards family disputes. Continue reading to learn the key things you should know about a Family Management Conference, at the Provincial Court.
What are the Steps to Secure an Appearance Before a Provincial Court Judge?
One of the changes that came into effect with the new method was the replacement of the first appearance with something that is called a Family Management Conference. This is essentially a first appearance before a judge, once you have filed an application about a family law matter. Depending on the registry, you'll also have other requirements to meet before securing a family management conference. For instance, you may have to meet with a family justice counselor. You will also be required to attend the ‘Parenting After Separation’ course, which is a complementary course through family justice that you can complete online. If you're applying for child or spousal support you'll typically be required to file a financial statement in form four as well.
What is a Family Management Conference at the Provincial Court?
With the release of the new Provincial Court Family Rules, there has been some confusion among litigants at what exactly can be accomplished at a first appearance/ Family Management Conference. One category of orders that one can accomplish at a family management conference are called interim orders. These orders are made on a temporary basis, pending a trial or a settlement conference which is designed for the purposes of obtaining final orders. Interim orders can be made by a judge on the topics of parenting arrangements, such as parenting time, spousal support or child support, provided that the court has financial information before it. An additional category of orders that can be accomplished are called case management orders. These are procedural in nature and include applying for exemptions to the rules, such as timelines for filing. Finally you can seek orders to be referred to an alternative dispute resolution process, such as a mediation through the family justice center.
What is the Benefit of Having Legal Counsel at a Family Management Conference?
Having legal counsel at a Family Management Conference or any Provincial Court hearing is to your benefit. Council has the experience necessary to determine whether the orders you are seeking are more appropriate on an interim basis, or whether they should be reserved for trial, or settlement conference as your matter proceeds. Your legal counsel will be able to put forth a description of the legal issues pertaining to your matter, a summary of the orders that you're seeking at that appearance, as well as a synopsis of the background and steps that you've taken in your family matter to date. Matters that have counsel present to represent their clients are heard prior to other matters where parties are attending on their own behalf.
The Family Management Conference encourages families to resolve disputes through agreement or through a decision that minimizes conflict that could have a negative impact on the children and families involved. Speak to a Family Lawyer to learn more and ask questions about the Family Management Conference process.
Monica Rudd is one of CBM's Associates who specializes in Family Law. Reach out to Monica or a member of our team to learn how we can help you. Contact Us Today!
