THE STAGES OF FAMILY COURT
What are the steps in a family court case? In the normal sequences of events if parties are unable to come to terms in regards to the breakdown of their marriage such as, property and child access and custody. They will have no other choice but to proceed to court.
Below you will find a general outline of the various stages in family court.
- What is an urgent motion in family court? A motion may be brought on the basis of urgency or hardship prior to the first court date. For example, a concern one parent may be attempting to abscond with the child.
- What is a Case Conference? A Case Conference is a mandatory process and the first real court attendance. Here the parties have an opportunity to discuss the merits of the case and any procedural or disclosure issues. The conference is aimed at attempting to seek a fair resolution for the parties.
- What is a motion in family court? Generally, motions are brought after a Case Conference. This is a court application brought by one party seeking a specific relief. Common motions include, interim support, preservation of property, possession of the matrimonial home and or sale of a property.
- What is questioning? If necessary the parties may be subjected to questioning. This is often used to determine what type of evidence the parties will present at trial. Also, whether the evidence seems credible. All of this will be used for the purposes of trial.
- What is a settlement conference in family law? Once, the parties have dealt with procedural matters, disclosure and motions. They will be required to attend a settlement conference. Parties are to exchange offers to settle and the judge will assist in helping the parties reach a resolution to avoid a trial.
- What is a Trial Management Conference? Prior to a trial the parties will once again have another conference referred to as a trial management conference. The purpose of this conference is to narrow and clarify issues for trial. Determine the length of the trial and the witnesses that will be coming forward. This is another opportunity to again ensure that all procedural matters have been dealt with.
- What is a family court trial? This is the final stage where the parties will have a trial. A judge will have to make a determination in regards to the issues in dispute. Parties will present their evidence through oral testimony and documentary evidence.
- What are costs and who gets them? Once the court has determined who was successful at trial they may be entitled to costs.
FAMILY LAWYER NEAR ME IN BURLINGTON?
Are you looking for a family law lawyer in Burlington or Oakville? Call my office.
My address is 901 Guelph Line, Burlington.
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